Search Options
Judgment Advanced Search
Displaying 4001-4020 of 7133 results.
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.......ce and, as such, in terms of section 5(1) of the Public Servants (Retirement) Act of 1974 (Act XII of 1974) he could not be re-employed in any manner in BSTI without the approval of the President and accordingly, the letter of appointment on 31-12-91 appointing the petitioner as Project Director und......zlul Karim J Md. Tafazzul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DL...... 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)
....f coram non judice of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. The latest decision on exercise of inherent jurisdiction by this Court under section 561A C......against the accused petitioner and others on the basis of evidence on record and that the accused petitioner having absconded after attending Court for some time clearly indicates his guilty mind and accordingly, the impugned judgment and order of conviction deserves no interference. He lastly submi......iminal) Present: Md. Nurul Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs......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. ......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. ...... Md. Hamidul Haque J Md. Hassan Ameen J Ekramul Huq @ Bachchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indi...... 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. ...... information that the said vessel is coming to Chittagong port, applied to the Director General Department of Shipping for waiver certificate under Bangladesh Flag Vessels (Protection) Rules 1982 and accordingly, Waiver Certificate No.4097 dated 21-12-85 (Annexure B) was issued by the above departme......……….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998. Cases Referred to- Niaz Ahmed vs. State PLD 1978 Karachi 774; PLD 1981 Quetta, PLD 1979 (Karachi) 68; Sambasivan......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)
....atural resources and hence, this petition. 3. Being ignited by the zeal of the members of the said “Centre for Human Rights,” the petitioners, with a commitment to secure economic and social justice for all, filed the instant public interest litigation, pro bono publico. It is the petitione......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. ......shtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588); N. Ramanath Pillai Vs. State of Kerala AIR 1973 SC 2641; Sanjeev Coke Mfg. Co. Vs. Bharat Coking Coal Ltd. (AIR 1983 SC 239); Maharastra SBOS Vs. Paritosh (AIR 1984 SC 1543); Union of India Vs. Cyanamid India Ltd. (AIR 1987 SC 1082); State of UP Vs. ......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. ......as entitled under section 14 of the Limitation Act 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 peru......86 by the petitioner in an application under section 115 of the Code of Civil Procedure, shortly the Code, against order dated 03-12-85 passed by the Subordinate Judge at Dinajpur acting as an Arbitrator under section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordin......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)
....II of 1947 are maintained. In view of the fact that the accused appellant is an old man, I am inclined to take a lenient view in the matter of sentence. In the facts of the case, I think, the ends of justice would be sufficiently met if the sentence of rigorous imprisonment for three years as awarde......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.......………Appellant Vs. State …………………Respondent Judgment March 7, 2000. Lawyers Involved: Md. Waliul Islam, Advocate—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J......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. ......974 as a result of which she had to file writ petition No.1053 of 1993 wherefrom Rule was issued on the Government which subsequently withdrew the order of detention and set petitioner at liberty and accordingly the above writ petition was withdrawn. 4. No inquiry required under section 4(1) of t......d To- Mustafizur Rahman and 3 others Vs. DG, Anti-Corruption and others, 49 DLR 599; 51 DLR 728. Lawyers Involved: Abdul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney- General—For the Respondent. Writ Petition No.723 of 1994. Judgment Md. Abdul Qudd......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....... Jana Kantha under the caption “এই বলদ আমিনের। মার হাবা। মার হাবা।” writer used nick name as “ক্লান্ত পথিক” which according to the complainant distorted the meaning of Sura “Tin” of the Holy Quran and thus it h......ioner Vs. State and another ..............Opposite Party Judgment April 12, 2000. Lawyers Involved: Amir-ul Islam, Advocate—For the Petitioner. AKM Zahirul Islam, Assistant Attorney-General—For the Opposite Party. Criminal Miscellaneous Case No.380 of 1995. Judgment......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)
....on such erroneous findings, the appellate Court allowed the appeal and dismissed the suit. Such decision of the appellate Court has definitely resulted in such an error that has occasioned failure of justice. To correct such an error, discretion under section 115 of the Code of Civil Procedure has b......eed was fabricated. 22. It is true that the other attesting witness M Ahmedur Rahman and the scribe were not examined. Now, the question is whether the deed, Exhibit 1 can be held to be not proved according to law for non-examination of the scribe and the other attesting witness. 23. The Exhib......ainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was...... 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)
....of the suit precludes fresh suit on the same cause of action and as such, according to him, the learned Assistant Judge committed no illegality in allowing the prayer for amendment in the interest of justice. 11. Mr. Huq arduously argues that although the petition filed by the plaintiff is framed......ly recorded in the SA Khatian in the name of Kalipada and Devi Pada and for correction of record the defendant filed Miscellaneous case which was decreed ex parte on 17-4-1970 and record of right was accordingly corrected. During RS operation the suit land has been correctly recorded in the name of ......82 in the Court of Subordinate Judge, Rajshahi against late, Khandaker Mafizuddin predecessor-in-interest of the petitioner as sole defendant. 3. The case of the plaintiff, inter alia, is that Ashutosh Roy was the CS recorded tenant of the suit land along with other land under the Ex-lord Abdul H...... 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.......o adducing evidence. Both oral and documentary, if any may make such decision on the prayer of the applicant as it deems fit. Thus, the Court of settlement was obliged to decide the case on merit and accordingly ought to have given its decision on merit. 3. In view of the provision of law and the...... Case Referred To- Chand Miah Talukder Vs. Chairman Court of Settlement, 45 DLR 304. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner. Obaidur Rahman Mostafa, Deputy Attorney-General—For the Respondents. Writ Petition No.884 of 1995. Judgment Md. Fazlul Kar......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.......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....... Present: AK Badrul Huq J Atiqur Rahman (Md.) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lu......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)
....nfirmity and the assessee-applicant ought to have been given a chance by the Commissioner of Taxes (Appeal) to explain the delay in filing the appeal. In the instant case, in our opinion, the ends of justice would have been met if a direction was given by the Tribunal to Commissioner of Taxes (Appea......inance. Thus, we answer the question No.(a) in the negative and in favour of the assessee. The applicant did not press question Nos. (b) and (c) as formulated in paragraph No.8 of the application and accordingly, we need not give any opinion on those two questions. Here it may be mentioned that the ......is 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)
....ts 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 Advocate the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellants failed to......-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. ......rving any copy of the application upon the petitioner’s Advocate the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause from appearing before the Court when the appea......-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. ......eding already initiated under section 22 was alive and pending. Section 23 cast a duty upon the assessing officer to assess the total income of a person if he fails to respond to section 22(2) notice according to the best of his judgment which is commonly known as ex-parte assessment. The DCT withou...... 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.......-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.......………………Respondents Judgment December 10, 1998. Lawyers Involved: Miah Abdul Gafur with Md. Faruque Ahmed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of 1994. Judgment Syed......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. ......, we are not inclined to consider this prayer of Mr. Wahab to add Bangladesh Bank as respondent in this First Appeal suo motu. In view of the findings as above we find substance in this appeal and accordingly this appeal is allowed and the impugned Judgment and decree passed in Money Suit No.1 of......ladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others Vs. Banglad......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. ......rate of interest on foreign currency loan was fixed at the rate of 4% above the prevailing bank rate subject to a minimum of 14.5%. Similar rate of interest is also fixed for local currency loan. So, according to the terms of loan agreement, BSRS is entitled to recover the loan with an interest at t...... a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took the loan from BSRS for a project located at ......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)
....that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulterior motive, political or otherwise, for harassing the accused and not for securing justice, in a particular case. The formulation of the said circumstance as made by Cornelius J in th......S. Salma Fuel Supply and other suppliers of the District. On 16.01.2007 M/S. Salma Fuel Supply sent a voucher of Tk.4,20,000.00 for 39,000 liters of fuel to his firm and the respondent No.2 sold fuel accordingly. On 31.01.2007 the informant party on the basis of a G.D. Entry No. 1025 dated 31.01.200......………Respondent Judgment April 23, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Co......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
47054704470347024694469246914690468946884687468646854684468346824681467946784676