Search Options
Judgment Advanced Search
Displaying 3481-3500 of 7097 results.
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... and asking for refund of money was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being ......t Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 issued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declaration that the petitioner is legally en..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......ecessity. It was necessary to resolve the dispute and for that matter it was even necessary for the Court itself to understand the pleadings of the parties and to decide the matter in accordance with law and not on pious wishes, surmises and conjectures. The Court has a discretion in passing such an..Category: Property Law | Date: | Hits: 71
....as been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and orders. There is no corresponding provision in the Constitution with regard to High Court Division's jurisdiction to review its decisi......aid order dated 18.6.90 and 19.6.90 passed by the Upazila Nirbahi Officer annexed to the writ petition as Annexures‑“T” and "J" respectively should not be declared to have been made without any lawful authority and to be of no legal effect. A copy of the Writ Petition No.2551 of 1990 with anne..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....e Appellate Joint Commissioner of Taxes, however, maintained the disallowance of claims relating to expenses under section 4(3) (XII) (a) on the ground that for claiming exemption under the aforesaid provision of law the assessee did not comply with the notices issued by Assistant Commissioner of Ta......Reference under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the asse..Category: Fiscal/Taxation Law | Date: | Hits: 98
...., 378 and 394 of Mouza Barabo were requisitioned in Land Acquisition Case No.41 of 1964‑65 under section 3 of Emergency Requisition of Property Act, 1948 and the petitioners were given compensation provisionally and they are assured that alternative plots would be given to them for their rehabilit......en called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to provide plots to t..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ts, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act.” 15. Section 43 declares that all judgments, orders or decrees, other t......f the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and decree passed in the appeal being First Appeal No.40 of 1958 and therefore, erred in law in not holding that the suit filed by the plaintiffs was barred by constructive res judicata. He..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....tated, inter alia, that the writ-petitioner No.1, TeaHung Packaging (BD) Limited (hereinafter referred to as the Company), is a private company limited by shares, incorporated in Bangladesh under the provisions of the Companies Act, 1994 (the Act). The Company was set up on 1st October, 1996 pursuan......y her and that the writ petition was not legally maintainable. 5. The High Court Division upon hearing the parties made the Rule absolute declaring the impugned notice to have been issued without lawful authority and is of no legal effect on the finding, inter alia, that the Registrar may ask a ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......rit respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,200/- to Tk. 6,150/- to be declared without lawful authority. According to the writ petitioner, he joined the Sahabuddin College, Fulbaria, Myme..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......e out of political enmity and grudge. The instant proceedings of Special Case No.02 of 2007 is without jurisdiction. The proceedings being held during Emergency Rules having no validity in the eye of law and charges having been framed under an Ordinance. Further defence case is that, the proceedings..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....y filing Writ Petition No.1148 of 1992 on which a Rule was issued on 30.3.92. 5. It is submitted by the petitioner in the petition that he was a Bangladeshi citizen by birth in accordance with the provision of Article 2 of Bangladesh Citizenship (Temporary Provisions) Order, 1972 (PO 149 of 1972)......s to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....movable properties on the ground of violation of decree for permanent injunction by dispossessing the decree-holder‑petitioners from the suit land on 11.11.71. This application was made under the provision of Order XXI rule 32 of the Code of Civil Procedure. The learned Munsif by the impugned or......greed with the view taken in 16 DLR 61 and held that when a prohibitory injunction is violated the remedy is not by putting the decree into execution but by adopting other measures as provided by the law and further held that when a prohibitory injunction has been violated the decree was inexecutabl..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....is to be taken for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company liquidated has been dissolved. I do not find any provision of law that money belonging to one Company which is under liquidation can be withdrawn and......n for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company liquidated has been dissolved. I do not find any provision of law that money belonging to one Company which is under liquidation can be withdrawn and paid to the ..Category: Company Law | Date: | Hits: 205
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 3. all acts and deeds which are past and closed and are not otherwise illegal; 4. all international treatise made during that period; and 5. all day-to-day business of the executive are hereby provisionally condoned; 2. 1. the Proclamation dated 8th November, 1975 omitting part VI A of ......nally condoned until 31st December, 2012 in order to avoid disastrous consequence to the body politic for enabling the Parliament to make necessary amendment to the constitution and also for enacting laws promulgated during the aforesaid period. 3. Articles 149 and 150 of the Constitution have be..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....y. The Tribunal is not empowered to commence any proceedings or pass any order in relation to the petitioner before submission of any formal charge. The orders of the Tribunal are in violation of the provisions of section 11(5) of the International Crimes (Tribunal) Act, 1973 (hereinafter referred t......angladesh. However, on 26-7-2010, upon an application by the Chief Prosecutor of the International Crimes Tribunal, warrants of arrest were issued against the petitioner and others. On 29-7-2010, the law-enforcing agencies submitted a report to the Tribunal to the effect the warrant of arrest issu..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....involves many other administrative functions for which expertise is necessary and those matters are required to be considered when appointing the Chief Justice of the country. He pointed out from the provisions of the Constitution that there is no mandate for the appointment of the Chief Justice to ......been an advocate of the Supreme Court; or (b) has, for not less than ten years, held judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court." 12. We may also refer to Article 48(3) of t..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....3. The fact that under no circumstances the express requirement of a prior agreement can be detracted from is found expressed clearly in the Sankar Gopal Case in paragraph 9 at page 330 thus: "The provision of Section 15 is not directory but mandatory. Before the Deputy Commissioner acquires the ......05 Pra (Annexure-'D') addressed to the Commissioner, Dhaka Division (Respondent No. 2) by the Deputy Commissioner, Narayanganj (Respondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......ng upon them, that the writ-Government as the vendor of the writ-petitioners surrendered the same as excess land under P.O. 98 of 1972 and in that view of the matter, the High Court Division erred in law in directing for correcting the record-of-right in favour of the writ-petitioners. It is further..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....l of Entry on 6-2-2011 before the Customs House, Chittagong for assessment and release of the consignment, the Customs Authority categorized the goods under HS Code No.3832.30 and 2917.32.90 and made provisional assessment. The authority also collected the sample of the goods and sent it to the Cust......ment Inspection Rule, 2002. On 16-3-2011 the petitioner did not move and lodge a complaint before the Review Committee instead they dragged this matter before this Division which cannot be made under law. Further he submits that the petitioner under section 33 of the Customs Act can claim refund i..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....xecution. Case No. 7 of 1995 which was dismissed on 14-5-2001 and thereafter, the Bank filed second execution case on 5-8-2002 for recovery of its decretal dues within the period of limitation as per provision of Limitation Act and the Ain. Therefore, the execution proceeding as well as the order fo......ery of its decretal dues within the period of limitation as per provision of Limitation Act and the Ain. Therefore, the execution proceeding as well as the order for issuing of warrant of arrest is lawful and the rule is thus, liable to be discharged. 4. The petitioner filed a supplementary aff..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....of the prosecution witnesses indicate that the confessional statement was not true. 44. In paragraph‑8 of the confessional statement the Magistrate recorded that even after explaining to him the provisions of section 164 of the Code of Criminal Procedure, the confessing accused Ansar while shiv......nd prudence. But unfortunately he did not do so while relying on their evidence in spite of variations, contradictions and improbabilities as noted above. 26. P.W.4 Monir Hossain is the son‑in‑law of the informant. He stated that on 5.11.87 at about 11‑00 PM he found deceased Khasru in the ..Category: Criminal Law | Date: | Hits: 91
54305429542854275426542554245423542154205419541854155414541354125411541054085407