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Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226....... upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that, res..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......since no explosive substance was recovered from the control/ possession of the accused petitioner and, as such, the conviction and sentence on the basis of such defective charge is not sustainable in law. He incidentally, submits that the prosecution has failed to prove that the incriminating articl..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ...... under section 26 of the Special Powers Act. In view of the provisions of section 2 of the Ordinance, the provisions of the Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. So, when the offences as alleged by the prosecution are offences pu..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......ow cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (f..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......d down. 21. In issuing letters of intent to the IOCs, policy of honesty, reasonableness, fairness have not been adhered to. No recognised person, specialising in the fields of geology, energy, or law has been inducted into the negotiation process where four secretaries to the government, barren ..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......t for exclusion of the time from 22-03-84 to 18-05-85 in proceeding the Miscellaneous Case No.15 of 1984 bona fide in the court of District Judge. So, according to him the learned Arbitrator erred in law in rejecting his application. 7. I have perused the application made before this court and al..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......fter obtaining sanction for prosecution from the appropriate authority and on completion of the investigation submitted charge sheet against accused appellant Md. Rowshan Ali under proper sections of law. He proved the seizure list Exhibit 4 series and Exhibit 4/Ka is his signature therein. The allo..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner Begum Tahmina an active member of t..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......gation does not come within the ambit of the offence of section 295A of Penal Code against the petitioners. Article 41(1) of the Constitution of Bangladesh reads as follows: "41. (1) subject to law public order and morality. (a) every citizen has the right to profess, practice or propagate ..Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491....... between the plaintiff and defendant 3 is forged and created by them with an eye to grab the land. Reasons for such findings, as the appellate Court mentioned, are that the plaintiff is the father-in-law of defendant No.3, the plaintiff attested the sale deeds of defendants 1 and 2, Exhibits A(2) an..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... of the plaint was seriously opposed on behalf of the defendant. It was contended that the sole defendant died on 16-2- 1990 and since no application for substitution was filed within time limited by law which is 90 days from the date of death of the deceased the abated and that belated application ..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......pondent No.1 to show cause as to why the order dated 20-4-92 passed by the respondent No.1 dismissing the Case No.191 of 1988 (Ka 303) Mirpur, Dhaka should not be declared to have been passed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after libera..Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......olly misconceived and quite untenable. The learned Family Court, therefore, rejected the application presented by the Attorney taking the correct view and the order under challenge is well founded on law and the same does not warrant any interference in the exercise of Revisional authority under sec..Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......lam J.- In this reference the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes Appellate Tribunal, Division Bench-I, Dhaka was justified in law in upholding the dismissal of Appeal as barred by limitation at the back of the assessee without..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......-91 which was ultimately set aside and the appeal re-admitted. 2. Mr. Azizul Hoque, the learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge evidently erred in law in re-admitting the appeal without serving any copy of the application upon the petitioner’s A..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......stored the order of assessment dated 30-6-85 of the ACT. Being aggrieved by the aforesaid order of the Tribunal, assessee applicant moved this reference application wherein the following questions of law have been referred to for our opinion: (i) Whether on the facts and in the circumstances of t..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......al before the Appellate Division and that was also summarily rejected by the Appellate Division and in that view of the matter the Writ Petition No.464 of 1994 is misconceived and not maintainable in law. In reply to this the learned Assistant Attorney-General submitted that the aforesaid Writ Petit..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......er submits that the principle of section 11 of the Code of Civil Procedure will not apply in this case inasmuch as the earlier case was under Artha Rin Adalat Act and subsequent case is under general law. Secondly the earlier suit was decided by a Subordinate Judge in special Jurisdiction whereas th..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......overnment and illegally importing a third case of mistake under section 72 of the Contract Act without any pleading or evidence on record." "Because the High Court Division committed an error of law in construing para 5 (a) of the loan agreement in holding that the Government had already inst..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......t of persons arrested on suspicion under rule 16(2) of the Emergency Power Rules, who are not yet accused within the meaning of rule 19(gha)……..(55) Presumption of constitutionality Every law has a presumption of its constitutionality. The Supreme Court cannot decide constitutionality of..Category: Criminal Law | Date: | Hits: 100
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