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....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......oresaid formula has not been acted upon and, as such, the action of the gas company is illegal, malafide and arbitrary.
7. Before adverting to the arguments pressed into service, the materials, on record furnished from both sides may be discussed in brief.
8. Admittedly, the gas company regula......se of this Oil Mills the aforesaid formula has not been acted upon and, as such, the action of the gas company is illegal, malafide and arbitrary.
7. Before adverting to the arguments pressed into service, the materials, on record furnished from both sides may be discussed in brief.
8. Admitte..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....lared to have been issued without lawful authority and as being unconstitutional and why the respondents should not be directed to levy and collect customs duty, VAT and other taxes in respect of the goods imported under L/C No. 1761296122 dated 30‑10-Â96 on the basis of the invoice value. 2. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
....-
“I am therefore inclined to hold for these reasons that the appellant has a right to institute this suit but the awards and the judgments on the special case by the English Courts constitute a good valid defence to such action in the facts of the present case under section 4(2) of the Protoco......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32....... Mia Vs. Mosammat Hasina Begum and others reported in 43 DLR 254. 5. No one appears for the opposite party. 6. As for myself, I have been taken through the impugned order and other material on record. From the impugned order itself, it appears that the opposite party Nos. 1 and 2 have brought......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......ately 2 days earlier of the date of ex parte hearing of the case on 21‑9‑93, filed the written objection on 19‑9‑93 with the prayer for acceptance of the same. But the Court kept those in the record with an order to put up the same on the date fixed i.e. on 21‑9‑93 for hearing and order.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......t before us that the change of status and transfer of the petitioner from "unskilled labour to "Darowan" has taken away his fundamental right to Trade Union activity and has also curtailed his future service benefits i.e. as unskilled labour he can go up to Grade‑6 level whereas as Darowan he can ..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
.... said GD fraudulently induced the authority in issuing another cheque in his name and encashed the same without the knowledge of the petitioner. The contractor, however, did not take any step to make good the defective and incomplete work. 2. Thereafter, the contractor wrote a letter dated 7‑2â......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......ssistant Attorney General ‑ For the Respondents. Writ Petition No. 2869 of 2000. Judgment Md. Joynul Abedin J.- The petitioner is a retired Superintendent of Police. He joined the police service in 1974 through a competitive examination in the post of Deputy Superintendent of Police (DS..Category: Anti-Corruption Laws | Date: | Hits: 138
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......Munsif at Rangpur for pre-emption of the case land and the case was registered as Miscellaneous Case No. 549 of 1975. He based his claim to pre-empt the case land as a co-sharer. On 01-01-84 the case record was on transfer received by the newly created Court of Upazila Munsif at Pirgacha, Rangpur an......tied that no option was left but to send the case record back to the trial Court for disposal of the case. The trial Court is hereby directed to dispose of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This C..Category: Civil Law | Date: | Hits: 69
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ...... Act. 5. We do not find any merit in this Rule which is liable to be discharged. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....e 1970 and in terms of the deed of dissolution of partnership, the partnership firm namely M/S M Enam Elahi & Brothers was treated on dissolution as the sole proprietary business concern with its goodwill, etc along with moveable, immovable and the liabilities including the case property, fell i......nt possession in view of the Government direction. 7. The Ministry of Works also accepted the petitioner as a lessee in terms of the lease deed dated 5-10-1995 by mutating his name in the official record. The petitioner being in possession approached the Government for the vacant possession of M/......he first instance on Cr.P.C. by which the District Magistrate of Lahore authorised Inspector Ram Pratap to investigate the case against Gian Chand, Storeman, in the office of the Military Engineering service, Lahore Cantonment. It was, however, later conceded by Mr. Ram Pratap that the books were no..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ed failure of justice. The learned Advocate further submits that as the final Court of fact the learned Additional District Magistrate was under an obligation to discuss and consider the said case on record, both the oral and documentary, and to arrive at independent conclusion in all material point...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......'Kha' and Ga'. 17. On the evidence, oral and documentary, the learned Subordinate Judge decreed the suit as prayed for. 18. Mr. Mahamudul Islam, the learned Senior Advocate, took us through the record and submitted that it was clearly stipulated in Paragraph 7 of the agreement that purchase ha......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
.... the maternal uncle of the victim girl and requested her to call her downstairs. Accordingly, PW 4 Molly called her friend PW 2 downstairs saying that she was called by her maternal uncle and PW 2 in good faith came downstairs and walked to the accused appellant and he abducted her in a baby taxi ......€‘2000 under sections 7 and 9 of the aforesaid Ain against the accused appellant for abduction with a view to forcibly marrying PW 2 and also for committing rape on her. 3. On receipt of the case record Nari-oÂ-Sbishu Nirjatan Daman Bishes Adalat‑22, Dhaka framed charge against the accused ap......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......6 of the Ain in violation of Articles 27 and 31 of the Constitution and that the aforesaid provisions of the Ain conferred unbridled and arbitrary power to the Government to transfer any case without recording any reason and that there is no guideline in the Ain and, as such, the aforesaid provision......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....nch, (the defendant No. 2 in TS No. 56 of 1987) was the advising bank on the said letter of credit. The letter of credit contains terms and conditions, inter alia, that the bill of lading of the said goods must be issued not later than 15th March, 1986 and the bill of exchange must be negotiated wit......asonable time. He denied that it is incorrect that Habib Bank in collusion with the exporter negotiated the documents by giving back date. 11. The learned Judge on consideration of the evidence on record found that the documents marked Exhibits 2, 4, 5 and 9 filed by the plaintiff in proof of neg......le. He further denied that they have negotiated the documents mala fide or that they were merely collecting agent of the supplier. 7. In his cross-examination this witness stated that he is in the service of the plaintiff since 1976 and he represents Habib Bank, and that all the documents in thei..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......ed Advocate appearing for the accused-petitioners, submits that the impugned judgment and order is bad in law on the grounds that the revisional Court has failed to discuss and assess the evidence on record and failed also to point out the grounds on which he has reversed the judgment and order of t......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... At the trial the prosecution examined as many as 6 witnesses, including the informant. These witnesses were cross-examined at length by the defence and they were duly discharged. It appears from the record that these witnesses did not support the prosecution as regards the involvement of the accuse...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
....over vacant possession of the said 1 (one) decimal of land in their favour which infuriated her and she told that if they made further demand about the said 1 (one) decimal land she would give them a good lesson and out of said incident Ferdous‑Ara Khanam pursued her Behai, the Minister-in-charge ......at he would take step to install fire fighting device and would inform the department as to the installation o such device within 15 days from the date of receipt of the licence. There was nothing on record to show that the petitioner took any such measure to install fire fighting device. The licens......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....ensidyl was of Indian origin as the same was not tested by a chemical test examination and were smuggled into Bangladesh and the appellant carried the same with the knowledge that these were smuggled goods. Next, he submits the failure on the part of the prosecution to secure arrest of Mahadeb, the ...... PS Case No. 61 dated 31‑7‑1998 under section 25B(2) of the Special Powers Act was started. 3. The Police investigated the case, visited the place of occurrence, prepared sketch map and index, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and fin...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......st the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985 filed Miscellaneous case under Order 9 rule 13 CPC on the allegation of suppression and non-service of summons and being unsuccessful filed appeal which was also without any fruit and that on ..Category: Civil Law | Date: | Hits: 66
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