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Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......been convening and holding meetings of the Thana Parishad Co-ordination Committee without consulting the petitioner or even informing him of the same and thus many resolutions have been passed in his absence for the distribution of money and relief materials. 5. Upon receiving the aforesaid infor......ion of law as Annexures A and C, are only circulars creating no legal right. Therefore in the absence of infringement of any legal right the petitioner cannot come before this court invoking the writ jurisdiction. 10. Mr Moudud Ahmed, the learned Advocate, appearing on behalf of the petitioner ha..

Category: Administrative Law | Date: | Hits: 462

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... position in the Company. The petitioner, in the circumstances, lodged GD Entry No.1687 dated 27-8-99 at the Tejgaon Police Station in this regard. In spite of such false and fake transfer and in the absence of the requisite adhesive stamps being affixed on the share transfer forms the Company enter...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..

Category: Company Law | Date: | Hits: 203

Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)

....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159...

Category: Criminal Law | Date: | Hits: 120

Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)

....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..

Category: Family Law | Date: | Hits: 155

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....rld Bank, the defendant No.1, provided the Government of India with the necessary financial assistance for construction of the said Farakka Barrage. The plaintiff contended further that Bangladesh is totally dependent on the water flows from the Ganges for its various purpose and because of the cons......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......m for which the defendant is liable to be called upon to answer his demand. Paragraph Nos. 26 and 27 of the plaint are as follows: “26. That the plaintiff resides under Ramna PS Dhaka within the jurisdiction of this court and the plaintiff is seriously affected by the Farakka Barrage which is t..

Category: Others | Date: | Hits: 79

Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)

....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..

Category: Health Law | Date: | Hits: 266

M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)

....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ..

Category: Civil Law | Date: | Hits: 92

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690.......such a dispute, it is necessary to consider the relevant provisions of sub-section (1) and (6) of section 26 of the Electricity Act, 1910. The said provisions are set out hereunder: (1) In the absence of an agreement to the contrary, the amount of energy supplied to a consumer or the electric......d in tampering with the meter and breaking the body seal is outside the ambit of section 26(6) of the said Act and the Electrical Inspector or the person acting under section 26(6) has, therefore, no jurisdiction to decide such cases of fraud. It is only the dispute as to whether the meter is or is ..

Category: Others | Date: | Hits: 131

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

.... The appellants challenged the proceeding against them by an application under section 561A of the Code of Criminal Procedure taking the ground that the cognisance as taken on a private complaint was totally barred by section 195(l)(c) of the Code of Criminal Procedure in that when the alleged forge......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......agistrate, Chittagong, as GR Case No. 190 of 2000, under sections 420/467/468/471 is found to be an abuse of the process of the court and is liable to be interfered with by this court in its inherent jurisdiction. 28. So far the argument advanced by the learned Deputy Attorney-General is con..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......th at the behest of his brothers. 8. Accused Almas absconded all through, Accused Monir, on bail, absconded after commencement of the trial with the framing of the charge. So the trial was held in absence of those two accused, who were defended by a state defence lawyer. At the last stage of the ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....hat the accused petitioners prayed for "enlarge the petitioners on ad-interim bail" and this also was written by hand, not typed. The descrip­tion made in the cause title and prayer made for bail is totally contradictory. It also appears from the order sheets annexed with the affidavit, that, despi......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....ts that his client, respondent No. 3, has been pos­sessing the suit property through allotment by the Government and the claim of the petitioner's getting possession of the same through the Court is totally false. He therefore, submits that the instant Rule is liable to be discharged. 13. Th......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......28­12-1983 (Annexures-A) releasing the properties in question from the Ka list of the Abandoned Buildings and subsequently, inclusion of the same in the said list on 23-9-1986 is illegal and without jurisdiction. 11. As against this, Mr. Adilur Rahman Khan, Deputy Assistant-General, submits..

Category: Property Law | Date: | Hits: 39

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......e Act and thus is not applicable in the present case. In that view of the matter, the impugned decision suffers from illegality and infirmity calling for interference by this court in this revisional jurisdiction. 8. In the result this Rule is made absolute without any order as to costs. The impu..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....th the pre-emptees and delivered their respective possession; that the vendors transferred 0.05 acre of land to their cousin Jobeda Bibi and rest 0.21 acre along with 0.02 acre of Mouza Dipchandrapur total 0.23 acre of land, transferred to pre-emptees; that the deed under pre-emption is not a sale d......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..

Category: Property Law | Date: | Hits: 23

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....ted 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. ......2(7) of the Ordinance. 24. Such omission was first noticed by the Inspecting Additional Commissioner of Taxes. Upon hearing, he found to the effect that claim of such loss was notional in the absence of any transfer of any share or debenture. The loss did not arise out of any sale or purchas......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

....oy being in ownership and possession of the suit land by virtue of gift entered into an agreement on 25-12­-1975 with the plaintiffs to sell the suit land on receipt of Taka 55,000 as advance out of total consideration amounting to Taka 1,30,000 and delivered possession of agricultural land; that o......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......pect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Schedule of the plaint were null and void, Collusive, inoperative and without jurisdiction. 3. The case of the plaintiffs, in short, is that Mohan Bashi Roy and Jashoda S..

Category: Property Law | Date: | Hits: 32

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615....... of the Ain is contrary to the provision so laid down in section 28(3) of the Ain for not exhausting the procedures as provided under section 33(1) (2) (3) and (4) of the Ain and, as such, is without jurisdiction, for the legislature did not give mandate to the Adalat to skip the provision, as conta..

Category: Constitutional Law | Date: | Hits: 168

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..

Category: Employment/Service Law | Date: | Hits: 76

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......it was allowed by the Adalat Subsequently, only defendant No. 7 entered appearance and filed written statement. At this juncture the present petitioners, the defendant Nos. 1-5 upon invoking the writ jurisdiction under Article 102 of the Constitution has also obtained the present Rule. 6. Mr...

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

....e of the conditions for completion of the transfer of shares was to procure stamped transfer forms (Form 117) for both TSL and TRI's share holding in the Company, which was agreed to be procured at a total consideration of US$ 30 million. Said stamps was worth Taka 27,000,000. The peti­tioner ISL w......legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......ing might have created genuine apprehen­sion that the customs authority did not want to end the matter and take any final action but subject the petitioner to unnecessary harassment. Invoking of the jurisdiction under Article 102 of the Constitution by the petitioner against such notice for hearing..

Category: Business or Commercial Law | Date: | Hits: 178