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Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......dant examined 2 witnesses in support of their case. After hearing the parties, the learned Assistant Judge by his impugned judgment dated 30-4-90 decreed the suit, on consideration of the evidence on record, with the findings that the impugned order dated 11-9-89 as contained in Memo No. 63 of 1989 ......ions brought against him and asserted that these were totally false and frivolous. Thereafter defendant No.4 by his Memo No. 63/89 dated 11-9-89 informed the plaintiff that he had been dismissed from service with effect from 11-9-89 on the basis of the resolution dated 3-9-89 adopted by the Executiv..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......s Jogendra Chinu Barai, P.W. 4 is Bejoy Charan Barai and P.W. 5 is Parbati Charan Sarker. P.W.s were duly cross examined by the defence accused who examined no D.W. 342 Cr.PC statement of accused was recorded and kept with the record. 4. Upon evidence trial Court found the accused Nibash Chandra......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......torney-General—for the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul Hoque Chowdhury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to why the imp......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....private bonded warehouse licence. This was to enable it to store its imported raw materials in the bonded warehouse, without being required to pay taxes and duties immediately upon the arrival of the goods in the country. In response, the respondent No. 5 wrote to petitioner on 14-8-2000 and request......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....distributor for delivery of products of the complainant's mill on 18‑11‑89 for a period of one year, that on different dates the petitioner took delivery on payment of portion of the price of the goods and in the process an amount of Taka 1,51,57,600/50 fell due from the petitioner to the compla......t be allowed to proceed otherwise it would amount to an abuse of the process of Court. 8. Regard being had to the facts and circumstances, the submission of the learned Advocates, the materials on record and in the light of the decision cited, we are of opinion that the impugned proceedings shoul......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......e. It is stated that the petitioner was appointed for conduction of a particular case as a Special Public Prosecutor for which the petitioner acquired no legal right as no terms and conditions of his service as a Special Public Prosecutor is governed or regulated by any law and statutory Rule and, a..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....t amount already received by the plaintiff resulting in the plaintiff’s failure to run the mill properly. When the plaintiff prayed for further amount the defendant bank wanted hypothecation of the goods which the plaintiff refused. The bank also demanded further security though the entire project......claimed the plaintiff has to prove the loss by adducing convincing evidence. But no such evidence has been adduced. The trial Court, according to Mr Mohammad Ali, failed to appreciate the evidence on record properly and came to, the wrong finding which requires interference. 9. Mr. Abdul Awal, t...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ......allottees also paid their salami instalments and some of them also paid their all dues and the allotment was made in respect of 31 residential plots. It is further stated that there is no material on record to show that any fundamental rights or Constitutional right of the petitioners has been viola......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
....) Act, 1991 is contrary to the provisions of section 7 of the said Act and the said section 7 having provided for imposition of such supplementary duty on luxury, socially undesirable and unessential goods, imposition of the same on essential goods like milk powder by section 7(15) of the said Finan......’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that imposition of 2.5% supplementary duty on the imported milk powder by section 7......tion 3 of the said Act provides for assessment and payment of VAT at the rate of 15% on the import of goods at the stage of import, goods produced in Bangladesh at the stage of making or manufacture, services by the person at the, time of giving the service and in other cases by the supplier. Luxury..
Category: Fiscal/Taxation Law | Date: | Hits: 93
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......lared as abandoned property in the ‘ka’ list of the abandoned buildings as published in Bangladesh Gazette dated 23-9-86 at page 9962 (161) at Serial No. 81 by mistake as the property was rightly recorded in the name of Begum Nessa Bibi in the SA Khatian No.70. Md. Ali Akbar, their predecessor p......e People’s Republic of Bangladesh. Besides this fact the Settlement Court in their judgment also found the inclusion of the case house in the list of abandoned house as illegal.
4. In spite of service of notice upon the respondents no affidavit-in-opposition has been filed denying the asserti..
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Republic. The very purpose of this special scheme is nothing but to acknowledge the supreme sacrifices made by the freedom fighters in the War of Liberation. The BCS (Special) Examination, 2000 is a good gesture on the part of the Government to show respect to the freedom fighters and to acknowledg...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......r fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution. The respondents in order to ensure welfare of the families of the freedom fighters, in particular to recruit them in the service of the Republic, published a notice in the Daily Bangladesh Observer dated 8-12-2000 (Anne..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....e any claim nor sought for any relief for allotment of alternative plots to them. Annexure D contained the publication of the names of the provisional allottees. Therefore the petitioners had not any good cause to challenge the said publication. The petitioners, even have not been able to produce be......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178.......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......ecree after two fears of closure of the pathway in 1987 by the defendants and that the pathway was not sufficiently indentified. 13. Mr. Harun-ar-Rashid, learned Advocate took me through the record and submits that existence of the pathway would be found in Exhibit 1 and was not denied......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......Islam, who was the predecessor of the instant writ petitioners. He further submits that the Court of Settlement erred in law and acted most illegally and mala fide in not considering the materials on record as well as the possession of the case properly and documents in respect of the bona fide tran......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......sory power. 7. At the trial six PWs and three DWs were examined. Besides this, both sides adduced documentary evidence. The learned Senior Assistant Judge on consideration of the evidence on record decreed the suit with the finding that the plaintiff was not a worker as defined in section 2...... in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vide Memo No. HO/ADMN/DD/91/6-B dated 5-1-1991 issued by the petitioner-defendant No.3 is il..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court and in view of this provision service of processes on the Government Pleader is good service on the Government. This view also finds support from the decision in the case of Govern......aintiff. 3. The plaintiff's case, in brief, is that Government gave compensations on the basis of State Acquisition and Tenancy Act, 1950 and accordingly, during SA operation the suit land was recorded in the name of the Government in khas Khatian No.1 and Government gave settlement of the su......ial of the aforesaid suit plaintiff examined only one witness (Tahshilder) and the defendant examined 2 witnesses including himself. 9. PW 1 A Bari, Tahshilder, although disowned the fact of service of notices upon the Government in Miscellaneous Case No. 221 of 1969 but said that he firs..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
.... arrived at the port of Chittagong on 20-4-1976 and left Chittagong Port on 1-5-1976 after discharging her cargoes. When defendant No. 4, the clearing agent of the plaintiff, went to take delivery of goods they failed to deliver 37 bales of raw cotton as the same was not traceable and accordingly, t......defendant on account of short delivery of goods or damage of the goods. If so, to what extent? 4. To what relief, if any, are they entitled? On considering the evidence and materials on record, the trial Court decreed the suit by its judgment and decree dated 18-5-1986 and 22-5-1986 ......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......and others reported in 50 DLR (AD) 27 on perusal it appears that it has no manner of application in the present case as it involved notifications issued by the President as to terms and conditions of service of the employees of the Republic of Bangladesh under the proviso to Article 133 of the Const..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......d others, 46 DLR (AD) 181; Md. Ziauddin Biswas vs. District Judge, Chuadanga and others, 37 DLR 235 and Md. A Ghafur Mondal vs. Md. A Samad Talukder and another 1993 BLD 485. 10. I have perused the record. 11. It appears from the record that in support of their respective cases both the ...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
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