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.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
......recognition of the threat to the major investment at risk from strong earthquakes, the Government should multiply its effort to continue the study and analysis of the seismicity of the region, with a view to reducing the earthquake risk. The first step in mitigating the risk of the community from ea..
Category: Constitutional Law | Date: | Hits: 211
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......reated under President's Order 94 of 1972 which was not a loanee as they did not obtain loan from the respondent bank. Since the Bangladesh Freedom Fighters' Welfare Trust does not come within the purview of section 2 of Artha Rin Adalat Ain, 1990 the suit filed by the respondent bank was incompeten..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......idered the statements made in the writ petition as well as the submissions made by the learned Advocate appearing for the petitioner and those of the learned Assistant Attorney General, we are of the view that the impugned order of cancellation vide Memo No. Je: Pro: Nat/8‑4/02/423 dated 4‑7‑2..Category: Information Technology Law | Date: | Hits: 282
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......be judicial or may not be so. If the function of the designated person is judicial in character, then he is a Court, even though he is not described as a Court but by official designation." 12. In view of the aforesaid decision discussed hereinabove and the submissions of the learned Advocates, w..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......2004 the appellant preferred the instant appeal, contending, amongst others, that the Tribunal framed charge without considering the legal and factual aspects of the case in a mechanical way; that in view of the fact that first information report allegation in respect of explosion of bombs is vague ..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......d persons told the informant that they had been doing Hundi business, this statement itself is not sufficient to make an allegation against them for committing offence under the above section and, in view of the above facts, first information report discloses no offence. Therefore, the continuation ..Category: Criminal Law | Date: | Hits: 70
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
...... finding, as having examined Ext Gha we also find that there is nothing mentioned in the inquiry report about the nature of misconduct and the charge that was brought against the respondent No. 2. In view of the definition as provided under section 2(v) and the decisions cited above the respondent N..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......section 102(1) of the Insurance Act and the respondent may prosecute in a Court of law and only a Court of law constituted according to law and the Constitution may adjudge and impose penalty and, in view of the provisions of section 109 of the Act, a Magistrate of the First Class may try an offence..Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622....... that for ends of justice as well as to avoid any future complication all the aforesaid three counter-cases should be tried by same Judge one after another which may not prejudice the parties and, in view of such facts and circumstances, we are constrained to hold that the petitioners have not cogen..Category: Criminal Law | Date: | Hits: 71
Wazir Jahan Begum and another Vs. Government of BanglaÂdesh and others, 2003, 32 CLC (HCD)
....a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......ally without lawful authority and therefore, the impugned order has been passed without any basis. On the other hand, Mr. KS Zaman, the learned Advocate appearing for the respondents, submits that in view of the power given in section 27 sub‑section 7(D), the District Judge can transfer the case t..Category: Civil Law | Date: | Hits: 81
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....e provision of section 247 CrPC as below- “……….unless for some reason he (the Court) thinks proper to adjourn the hearing of the case to some other day." Consequently, it resulted quite erroneously in the impugned order dated 21-5‑1995 for dismissal of the case and acquittal of the a......the trial Court abruptly recorded the impugned order dated 21‑1‑1995 which, according to him, cannot be sustainable. He read out the provisions of section 247 Cr.P.C. and shows there from that in view of the above background and history of the case learned Court below should have exercised his d..Category: Procedural Law | Date: | Hits: 73
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......ney and repeatedly failed. Then the decree holder was constrained to make application for attachment of movables of the Deputy Commissioner. By the impugned order said application was rejected on the view that attachment of movables of the Deputy Commissioner might obstruct in the discharge of the o..Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......secution case as to how the gun has come into the possession of the accused. This does not expel the possibility of a planted case, considered in the context of the prosecution case itself. 28. In view of the findings recorded above, we are of the view that the impugned Judgment and order is base..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....olation of Public Procurement Act, 2006 (hereinafter as referred to as Act) and Public Procurement Rules (hereinafter as referred to as Rules) deducting VAT from the petitioners at the rate of 13.04% erroneously treating them as "Surveyors" and not as "Consultants" who are subject to pay VAT at the ......ods. It may be mentioned that under the provision of section 25A as enacted in 1999 for certification of the imported goods the PSI agency was appointed by the government. Keeping all these things in view we can safely say that to specify the provision or exacting the provision of the dimension of P..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......004 was filed on 10.4.2004. Thus the second execution case was filed clearly within one year from 1.5.2003, when the Artha Rin Adalat Ain, 2003 came in force and as such it is well within time.
In view of the above, we do not find any substance in the Rule.
Accordingly, the Rule is discharged,..
Category: Civil Law | Date: | Hits: 107
.... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......n Adalat Ain, 2003 was complied with. It is the cardinal principle of interpretation of statute that any provision of law, which takes away the man’s freedom, should be construed strictly.
9. In view of the above, we find substance in the Rule. As a result, the Rule is made absolute and the imp..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:  ...... from the plaint, deposition of P.W.1 and the legal notices that the plaintiff had tendered the balance consideration money and requested defendant No.1 to execute and register a proper sale deed. In view of the legal notices served under registered covers, it has been clearly proved that the plaint..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......erified the stock and counted the bags on 19.1.1991, the godowns were not sealed. It also appears that the appellant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......ne year more. The appeal has been appearing in the cause list from 4.4.2011 i.e. before six days of starting the vacation. Today it is taken up for hearing, but no one appears to press the appeal. In view of its long pendency for nearly twenty-one years, we take it up for disposal even in absence of..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......se land. The learned Judge also considered some registered documents filed by the opposite party. It is a provision of law that documentary evidence is always better than the oral evidence. 10. In view of the above, we do not find any substance in the Rule and also do not find that the learned Ad..Category: Property Law | Date: | Hits: 53
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