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....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......the said 105.117 acres of land from requisition.
8. Pursuant to the said application, 5 Government after proper investigation decided to release 105.117 acres of land from requisition and the said decision was communicated to petitioner No.1 by the Senior Assistant Secretary of the Ministry of La..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......he Court having found the same corrected the mistake by allowing the application which did not call for any interference. 10. Mr. Md. Marfat Ali, learned Advocate for the petitioner also cited the decisions reported in 28 DLR 252, 43 DLR (AD) 128 and AIR 1979 Calcutta 196 in support of his submis..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ...... judgment, decree and order of Family Court to the Court of District Judge. The word “Order” has not been defined in the Ordinance. The word “Order” in widest sense may be said to include any decision rendered by a court on a question between the parties of a proceedings before the Court and..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......on stated that the petitioner's amendment petition is filed pending hearing of his petition for dismissal of the original election petition as a measure to save the election petition and prior to the decision under Article 58(a) of the People's Act 1974, the amendment petition cannot be taken into c..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......it is only to try the common and joint ownership lands to the exclusion of the (sic) in dividing owner's lands and thus the Court of trial below committed an error of law resulting in an error in the decision occasioning failure of justice. Secondly, he submits that a gross error was detected later ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......to move under section 241A of the Code of Criminal Procedure for discharging them and their application under section 561A of the Code of Criminal Procedure is misconceived. Similar question came for decision before the Appellate Division in the case of Latifa Akter Vs. State reported in 19 BLD (AD)..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......present Rule. 10. Mr. Md. Nazibar Rahman, the learned Advocate appearing on behalf of the petitioner, submits that the learned District Judge committed an error of law resulting in an error in his decision occasioning failure of justice in not properly adverting to the trial Courts finding regard..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......well conceived one in that the Arbitrator is competent to revise the amount of compensation as assessed by the Deputy Commissioner to the extent of 10 percent and that if a person is aggrieved by the decision of the Arbitrator he can very much prefer appeal before the Tribunal and that the Tribunal ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......by an appropriate order of the Court of the Sessions Judge and/or of the High Court Division. He argued that the impugned notices are tainted with malafide intention to re-open the concluded judicial decision passed by the High Court Division in Writ Petition No. 3223 of 1996. His further argument i..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......of Taka 20,00,000. Defendant No. 1 also in his written statement admitted in the agreement the time for performance was September 1990. PW 1 and PW 4 Sayeed Khan proved the holding of meeting and the decision taken therein. In view of such decision between the plaintiff and defendant No. 1 on 15‑8..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......in a reasonable period, LC issuing bank cannot subsequently raise such objection of discrepancy in the document, however genuine or serious those may be. In support of his contention he refers to the decision in the case of Bankers Trust Co vs. State Bank of Indict (1991) 2 Lloyd's Report 443 and th..Category: Business or Commercial Law | Date: | Hits: 202
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found necessary for coming to a proper decision in the case. This section is never intended to give a premium for further cross-examination..Category: Criminal Law | Date: | Hits: 37
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
...... say so, Furthermore, to us it appears that proviso to clause (Kha) of subsection 3 of section 4 of the Paribesh Ain authorises the Director General to take temporary measure only and not any final decision. But, in the instant case final order was passed canceling the “পরিবেশ গত..
Category: Environmental Law | Date: | Hits: 226
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......on-service of summons and the said case was disposed of as regards that. There the question of falsity of claim in the suit was not matter in issue and, as such, did not come up for consideration nor decision was given as to that. The courts below upon the view that averments in Other Suit No.14 of ..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ble to show that the impugned judgment is vitiated by misreading or non-reading of the material evidence or by misconstruction of any important document materially affecting the merit of the impugned decision so as to justify any interference by this court exercising revisional power under section 1..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......e charge under section 4 of Dowry Prohibition Act, 1980 was not brought home at all and, as such, order of conviction and can not stand in law. Both the courts below committed error in its respective decision occasioning gross failure of justice. Impugned order of conviction must be set aside and th..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......ated 2-8-1994 upheld the petitioner’s contention that head office expenses made by New York Head Office for the business to its Bangladesh office would be a deductible expense in Bangladesh and the decision having been accepted by the Income Tax Department the same was not referred to the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 132
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......ustoms Commissionerate. The said memorandum dated 23-9-1997 is also under challenge in this writ petition. It has been annexed to the writ petition as Annexure “Do the memorandum speaks of a policy decision taken by the Government to extend the facilities the private bonded warehouse licences to I..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......se it would amount to an abuse of the process of Court. 8. Regard being had to the facts and circumstances, the submission of the learned Advocates, the materials on record and in the light of the decision cited, we are of opinion that the impugned proceedings should in all fairness be quashed gi..Category: Civil Law | Date: | Hits: 83
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......g complete justice when the mill had been closed down due to non co-operation of the bank we are inclined to assess the compensation on the aforesaid head and we take the help in this matter from the decision reported in 37 DLR (AD) 63 (Md Osman Gani Vs. Mst Kulsum Bibi and ors). The respondent coul..Category: Civil Law | Date: | Hits: 72
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