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.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... International Limited calling upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or ..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......gned by the Special Tribunal for rejecting prayer for bail. 6. When the peace loving overwhelming majority of the people of the country are at the mercy of the few unlicensed illegal armed men and law and order of the country is at peril it is common experience that no one comes to Court to depos..Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeki..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......r partition of 1.95-acre of land out of 4.18 acres of land in the schedule 'Ka' of the plaint. 3. The plaintiffs’ case, in short, is that the suit property belonged to Masudjan and his father in law Nasruddin Choukider to the extent of 0.3333 acre and 0.6667 respectively. Nasruddin Choukider di..Category: Property Law | Date: | Hits: 102
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......as wrong in convicting the accused appellants mostly on surmises and conjectures and not on legal evidence on record and, as such, the impugned order of conviction and sentence is not maintainable in law. The learned Advocate further submits that in view of the fact that Jalaluddin Ahmed, a real acc..Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... held to be an agent directly under the principal M/s. Birla Tyres and defendant No. 3 had no right to terminate such agency. 12. He submitted that, in fact, there was no termination at all by any lawful authority and in the absence of any valid termination the plaintiffs were entitled to continu..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ...... 17 does not deserve any consideration and accordingly, is excluded from consideration. 29. In the aforesaid facts and circumstances, the judgment and decree of the appellate Court cannot stand in law as well as on facts and accordingly, is liable to be set aside. Such decision has, no doubt, res..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......ef Martial Law Administrator calling upon the respondents to show cause as to why the impugned judgment and order of conviction and sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......heirs Nurun Nahar Begum and others vs. Abdul Khaleque Choukder and others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. 41. He submitted that learned Subordinate Judge erred in law in holding that after the compromise entered Into by defendant No.1 with defendant No. 5 in resp..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... No. 42106 dated 13-12-67 is benami and Farida Rahman was mere a benamdar of Mukhlesur Rahman; that the deed of gift being No. 46,08 dated 25-3-91 was void, illegal, inoperative, collusive and bad in law and that said nieces acquired no right, title and interest in the suit property by such deed or ..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46....... appointed against temporary posts/ positions as Godown Darwan, Godown Chowkider and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before ..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......on and sentence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learned Sessions Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant P..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......were framed, who pleased not guilty and claimed to be tried. Trial was held in absence of the appellant under section 339B(1) of the Code of Criminal Procedure when he was defended by a state defence lawyer. 4. The defence case, as it appears from the trend of cross-examination of the prosecutio..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......s. 3762 of 2005, Writ Petition No. 3763 of 2005. Writ Petition No. 3764 of 2005 and 3765 of 2005 have been heard analogously and are now disposed off by this single judgment since common questions of law have been raised in all these writ petitions. 2. The petitioner Nurul Alam in Writ Petition ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....and circumstances of the instant case; rather the case reported in 48 DLR (AD) 20 applies. Therefore, the contention of respondent Nos. 1 and 2 that the cause of action of the petitioner involves the amending clause of exclusivity of the Agreement and that definitely pertains to the contract is of n......the petitioner and (ii) Memo No. BTRC/LL-See/ World Tel/2002-11777 dated 7-8-2004 issued by respondent No. 2 under the signature of respondent No. 6 (Annexure-Al) should not be declared to be without lawful authority and of no legal effect. 2. The facts leading to the issuance of the Rule, in br..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......n Writ Petition No. 28 of 2002)
Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3.
Writ Petition Nos. 28 and 1971 of 2002.
Judgment
Syed Amirul Islam J.- Common question of law and facts are involved in these two Writ Petitions and, as such, they were heard together and ar..
Category: Fiscal/Taxation Law | Date: | Hits: 81
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Revenue), Sylhet and the proceeding of mutation Appeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the peti..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504....... AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the assessee-respondent, on the contrary, submits that the payment of incentive bonus as made by the assessee was pursuant to provisions of law and the incentive bonus is not a bonus which is contemplated under section 10(2)(x) of the Act. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......or default they filed application under section 151 of the Code of Civil Procedure for vacating the order dated 13-6-1993 as it being a nullity and being passed in violation of mandatory provision of law and for accepting the petition filed by the petitioners for substituting them as plaintiffs in p..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......s the citizenship of Bangladesh or it was ceased or he is no more a Bangladeshi Citizen. 8. Mr. SS Halder, the learned Counsel for the appellant submits that in view of the different provisions of law and decisions given by the High Court Division and the Appellate Division and also some other hi..Category: Immigration and Citizenship Law | Date: | Hits: 190
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