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Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......eir statutory duties and obligations. The learned Advocate submitted that the National Salt Committee constituted under Section 3 of the Act (Respondent No. 3) appears to have failed to discharge its duty and obligations properly in monitoring as to whether the manufacturers of edible salt are compl..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......accordance with law since it was not revalidated and duly stamped as required by the provisions of section 18 of the Stamp Act 1899, which provides: "18 (1) Every instrument chargeable with duty and executed only out of (Bangladesh), and not being a bill of exchange, or promissory note, ma..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......aka 20 lac in cash. In course of his journey when that petitioner reached a point at about 8‑00 PM near Madhabpur Police Station under Habiganj District he was advised by an Army Officer who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ...... election some outsiders illegally entered into the polling station, drove out the agents of the election petitioner‑ respondent No. 1, snatched away the ballot papers from the election officers on duty and stamped the seal of the symbol Boat thereon and stuffed the same in the ballot boxes and be..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
....the award and upon the judgment so pronounced a decree shall follow. After fulfilling such duty Court signs a decree which could only be challenged on the limited ground that whether the decree is in excess of the award or not otherwise in accordance with the award. 39. Before the arbitrator (&...... found that the tribunal gave its award on proof of each and every claim as most well thought out and experienced decision. 36. We find the court was completely oblivious and unaware of its duty under section 17 of the Act. Recently, on 27‑7‑04 in Rajuk Vs. MN Alam and Associates, FA N..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order.
Ed.
This Case is also Reported in: 57 DLR (2005) 631.
......ect to be achieved. Democratic formal Government demands equality and absence of arbitrariness and discrimination. There must be fairness in Government dealings based on the principle of rationality, duty to act promptly and ensure fairplay and economic due process. Even if the petitioner is guilty ..
Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ...... fishing trawler from the Bangladesh Navy at a cost of Taka 69,01,800. The said trawler originally belonged to the Thai Government and the Bangladesh Navy, in course of its carrying out the vigilance duty, arrested the said trawler while it was engaged in fishing within the territorial water of Bang..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
....ntract by not providing proposed loan facility?
(d) whether the bank caused loss to the Bangthai Company by not providing loan facility?
(e) had the bank debited the loan and LIM account in excess?
(f) were defendant Nos.4 and 5 personally liable for the loan in Title Suit No.120 of 1......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......of the plaintiffs. In our country benami transaction was in vogue up to 1996 and after the promulgation of Land Reforms Ordinance, 1986 benami transaction has been stopped. Therefore, plaintiffs' duty was to prove that they were the intending purchasers of the suit property and they themselves p..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....axes. He has constructed houses on 7 (seven) decimal of land about 16/17 years ago within the full knowledge of the plaintiff and her husband and also the defendant No.3. He also possesses an area of excess 12 decimal of land adjacent to his house and, as such, he is in the possession of 12+7=19 dec......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....ltant, it is contended that the appellate Court in an appeal under section 17 of the Act cannot go behind the award of the arbitrator or judgment of the Court "except on the ground that it is in excess of, or not otherwise in accordance with, the decree." In the circumstances, section...... as required by rule 4(2) of Order XX of the Code but it must be a reasoned one. Every citizen has got a right to a reasoned judgment. Section 17 of the Arbitration Act does not exempt Court from the duty as mentioned above even when no one appears opposing the award. Section 17 of the Act requires ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......consequences under section 138 read with section 141 of the Act. When the reason for return of the cheque has been mentioned as "refer to drawer" or insufficiency of fund, it is the primary duty of the drawer of the cheque to make payment of the said amount of money to the payee within 15 ..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......onsider such vital question of the suit. 33. It is now well settled that if a party, is dispossessed from the suit land during the course of a proceedings the Court is not only entitled but also duty bound to restore such party to possession in order to ensure status quo ante. In Abdul Jalil Mu..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......gs about injustice. Where, however, there is found to be something directed by the judgment of which review is sought which is in conflict with the Constitution or with a law, there it would be the duty of the Court unhesitatingly to amend the error and "it is not because a conclusion is wr..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......educing the applicant appellant to the lowest stage in the Time Scale. The applicant‑appellant is entitled to all arrears of financial benefits as per rule for the period he was out of duty because of the order of dismissal from service." 6. As against the judg..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... favour of Mr. Abdus Satter, learned Advocate are forged while the appellant asserted the same to be genuine. In view of the contentious submissions of the parties, we are of the view that it was the duty of the courts below to send the impugned documents to Handwriting Expert for opinion. Such opin..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......nbsp; 8. The submissions so made, in our view, is not well merited since a Public Prosecutor is appointed by the Government under section 492 of the Code of Criminal Procedure as part of its duty to the administration of criminal justice, as such, it is the domain of a the State to make d..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... MS Khawaja vs. State reported in 17 DLR (SC) 153 it has been held - "Every prosecution for a criminal offence is to be deemed to have been commenced and continued in the public interest, as a duty of the State. It can only be in a very rare case that a superior Court acting under its inhere..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
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