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Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

.... much in the sacred interest of the nation itself and this solemn purpose must be ingrained in the mind of all concerned including the Election Commissioners themselves. Relevant Facts: 34. The facts in this case are admitted. The petitioner Nos.1 and 2 belonged to the Civil Service while the ......rted in: 57 DLR (2005) 113. ......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....it petition is very much maintainable because neither section 54(c) of the Electricity Act, 1910 nor section 22(3) of the Electricity (Amendment) Ordinance, 1983 have any manner of application in the facts and circumstances of the instant case, as the remedies provided by the said provision of law a...... Reported in: 57 DLR (2005) 109. ......0 units, there remains nothing for them to pay any more on that count. Accordingly, the Rule is made absolute without any order as to cost. 11. Impugned Bill No.26261467 issued on 26‑6-­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful auth..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....he defendant No.30 (Annexure-A) that he had not given specific, not even by necessary implication denial of plaintiffs' case of pattan and possession of the suit lands and material allegations of the facts in the plaint which is mandatory under rule 3 of Order VIII of the Code of Civil Procedure and......ly as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......efendant No.3 at the instance of defendant No.30 and by accepting the additional written statement filed by the defendant No.30 long after about 24 years and 15½ years after close of the plaintiffs' evidence without assigning any reason therefor has resulted in an error in the impugned judgment and..

Category: Property Law | Date: | Hits: 50

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....9(f) of the Arms Act against the accused appellant. 4. The accused appellant filed an application for his discharge from the case but the learned Tribunal rejected the same without considering the facts and circumstances of the case and framed charge under section 19(f) of the Arms Act against hi......ection 19(f) of the Arms Act. 2. The short fact, stated briefly, is that on 12-­6‑1998, at 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by inform......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..

Category: Criminal Law | Date: | Hits: 78

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....pertinent portion from the decision of Dalbir Singh Vs. State of Punjab reported in AIR 1979 (SC) 1384 wherein His Lordship Sen J observed: "A decision on a question of sentence depending upon the facts and circumstances of a particular case can never be regarded as a binding precedent, much less......e Court High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J Dada Engineering Ltd...........................Petitioner Vs. Commissioner, Customs Excise and VAT Commissionerate and other……..Respondents Judgment August 18, 2010. Result: ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....enath and others, (1922) 59 CLJ 167. 16. We have perused the record of the case and heard the learned Advocates at length. In order to appreciate the conflicting arguments, we should first see the facts, which are now concluded by the decision of the Court of appeal below and then, to find whethe......This Case is also Reported in: 57 DLR (2005) 80. ......to the reasonings of the trial Court for such findings, which has resulted in failure of justice. 11. Elaborating, he submits that in Support of legal necessity defendant No.1 failed to adduce any evidence save and except the recitals of the deed of sale, Exhibit A. The recitals in a deed are not..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

....sued against the orders of the respondent, the Appellate Tribunal, Customs, Excise and VAT rejecting the appeals of the petitioners presented under section 196A(1)(a) of the Customs Act. 2. As the facts giving rise to issue of the Rules are similar and the issue raised is the same, the Rules were......orted in: 57 DLR (2005) 74. ...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ing accused­ appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Ma......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002......que preferred the present appeal before this Court. 6. Mr. Md. Munsurul Haque Chowdhury, the learned advocate appearing for the accused-appellant, submits that in view of the fact that the medical evidence does not support the case of rape, the learned Special Tribunal was manifestly wrong in con..

Category: Criminal Law | Date: | Hits: 94

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

....ng been held and no 2nd show cause notice having been served, the discharge order is illegal. He further submitted that the decision reported in 7 BLC (AD) 1 is not applicable in the present case the facts and circumstances being different. He further submitted that the trial Court on consideration ......004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......Division (Special Original Jurisdiction) Present: Md Joynul Abedin J Sheikh Rezowan Ali J Karnaphuli Fertilizer Co. Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is mad......t the relevant time and there was also a Central Bargaining Agent (CBA) for the workers of the petitioner-company. Admittedly, no witness was examined before the Labour Court by either parties and no evidence was led except a copy of the first information report dated 20‑1‑1997, a letter of term..

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....iscloses offence against the petitioner under section 409/109 of the Penal Code. He next submits that the accused petitioner has been charge sheeted by the A.C.C and the case is virtually a bundle of facts which are to be proved before the trial Court by adducing evidence. Accordingly, the learned a...... Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Atto...... the Penal Code. He next submits that the accused petitioner has been charge sheeted by the A.C.C and the case is virtually a bundle of facts which are to be proved before the trial Court by adducing evidence. Accordingly, the learned advocate for the ACC submits that the interference under section ..

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....gment and decree dated 23.11.1999 (decree signed on 4.01.2000) passed by the Subordinate Judge, Additional Commercial Court No.1, Dhaka in Title Suit No.145 of 1999 decreeing the suit. 2. Relevant facts of the case, in short, are that the respondent No.1, Sonali Bank as plaintiff filed a suit bei......332.......cuments to prove their respective cases. 5. The learned Subordinate Judge and Additional Artha Rin Adalat No.1 heard the learned Advocates of both the sides and ultimately, on consideration of the evidences and other materials on record arrived at a finding that the plaintiff-bank is entitled to ..

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......) 342.......ses on each side and the petitioner adduced rent receipts and the Money Order receipts which were marked as exhibits. 5. The House Rent Controller, Narayanganj hearing the parties and perusing the evidence on record by his judgment and order dated 1.3.2006 rejected the case holding that since the..

Category: Property Law | Date: | Hits: 105

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

.... that it would now be prudent for the appointment of an independent person as an arbitrator to fill up the lacuna created by the inactions of the Opposite Party proceeding upon serious misjudgment of facts and law to positively respond to and act under the agreed upon mechanism of dispute resolution......ory Jurisdiction)  Present:  Syed Refaat Ahmed J The Industrialisation Fund for Developing Countries (IFU), having its office formerly at Bremerholm 4, 1069 Copenhegen K, Denmark, and currently at 27, Fredericiagade, 1310 Kobenhavn K., Denmark............................Petitione......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....n BFCC. Given this scenario, a pertinent question arises: Whether the petitioners being contractual employees have acquired the status or right to be treated as perma­nent employees of Biman? In the facts and circum­stances of the case, this moot question must be answered either in the affirmative...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......s held : “This Court would be far exceeding its proper functions if it were to assume jurisdic­tion to enforce performance by public bodies of all their statutory duties without requiring clear evidence that a person who sought its interfer­ence had a legal right to insist upon its per­forma..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....eported in 6 DLR (WP) 143, 12 DLR 279, 45 DLR 352, 13 DLR 82, 13 DLR 397, 9 BLC (AD) 162, 52 DLR 335, 53 DLR 125, 51 DLR 125, 51 DLR 25, 5 BCR 184 and 59 DLR 407 and submits that in view of the above facts and circum­stances and the decisions of the Apex Court of this sub-continent mainly our Apex ......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......illegality in lodging the FIR submitting charge sheet and taking of cognizance the prosecution should be given chance to prove the charge against the accused petitioner in course of trial by adducing evidence Mr. Khan referred decision reported in 60 DLR (AD) 1, Abdul Huque Vs. State, wherein it has..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....on the assumption that the order of the Administrator dated March 31, 1975, appointing Altaf Miah as successor of the deceased Mutwalli Moyna Miah was under section 43 of the Waqfs Ordinance. But the facts and circumstances of the case do not warrant such assumption. 5. Section 43 empowers the Ad...... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....y an order of injunction from taking charge or acting as the Collective Bargaining Agent of opposite party No.4, as prayed for. The Rule is made returnable within 4 (four) weeks from date." The facts necessary for disposal of this application are: The opposite party No.1 herein is a trade u......€¦Petitioner Vs. Registrar of Trade Unions, Chittagong & others.......................Opposite Parties Judgment January 30, 1989. Result: The application is allowed on contest and order of ad-interim injunction is set aside. Lawyers Involved: A.Y. Salehuzzaman with SK. ......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262...

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

.... the High Court within the meaning of section 435 of the Code of Criminal Procedure as such this Rule is liable to be discharged. He also submitted that the learned Labour Court after considering the facts and circumstances of the case and the materials on record gave the decision in accordance with...... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......ion 26 of the Employ­ment of Labour (Standing Orders) Act, 1965. As to the contention of Mr. Abdul Momen Chowdhury on the merits of the case it appears that the learned La­bour Court considered the evidence on record and ob­served that in the said case already the Manager of the employer was conv..

Category: Labour and Industrial Law | Date: | Hits: 177

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

....some unknown miscreants and as such he could not submit those election mate­rials to the Returning Officer. The Presiding Officer also lodged F.I.R. with Pabna Sadar Police Station stating the above facts. Accordingly, a report was also submitted by the Returning Officer to the Dis­trict Election ......r Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. ......ents made in the Writ Petition and the supplementary affidavit and the affidavit-in-opposition filed by the respondent No.1 it ap­pears that the matters are controversial and need de­termination by evidence. 6. As to the disputed question of fact it is now well-settled that a proceeding in a wr..

Category: Election Law | Date: | Hits: 171