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City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......ies against the environment etc. Moreover the organization is also working to protect environment and take legal steps against the activities of destroying environment as well in case of violation of law. 3. The writ petitioner No.1 is the Secretary of Human Rights and Peace for Bangladesh and ot..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......sitory as on the record date i.e. 25.09.2005 shall be entitled to dividend and vote in the said AGMs. The said notices were more or less in identical terms. 10. The respondent No.18 Company as per laws relating to Securities and Exchange Commission published a public notice dated 26.12.2007 as pr..

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......exercise of its inherent power the defendant ought to be directed to return the vessel to the plaintiffs till hearing of their petition dated 2‑4‑2002 for temporary injunction, because a Court of law is not that powerless to watch and remain a mere spectator to such a defiance. 15. In the cas..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......it of the case of the parties, the trial Court rightly dismissed the suit of Kalimullah. But in appeal the appellate Court without considering the entire evidence on record rather on misconception of law found the lease in question was not valid beyond five years and thereby, the petitioner acquired..

Category: Property Law | Date: | Hits: 27

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......eding the contempt petitioner must prove beyond all reasonable doubt that the contemner has willfully and deliberately violated the court's order/direction. It is also now well settled proposition of law that in contempt matters personal liability of the contemner must be proved and there cannot be ..

Category: Property Law | Date: | Hits: 34

Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)

....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......Rokanuddin Mahmud, the learned Counsel appearing for the petitioner, submits that in view of the provisions of sections 86 and 133 of the Co-operative Society Ordinance, 1984 the suit is barred under law and the learned Subordinate Judge evidently erred in law in refusing to reject the plaint under ..

Category: Civil Law | Date: | Hits: 70

Bhola Vs. State, 2001, 30 CLC (HCD)

....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......was started under sections 302/34 of the Penal Code. 3. The police investigated the case and submitted charge‑sheet against the convict appellant and three others under the aforesaid sections of law. During trial charge was framed under section 302/34 of the Penal Code. 4. It appears that th..

Category: Criminal Law | Date: | Hits: 41

Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)

....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......tioner. MA Mannan with Abdul Momen Chowdhury Advocates—For the Respondents. Writ Petition Nos. 1370 and 1371 of 1992. Judgment Syed Aminl Islam J.- As common question of law and facts are involved in these Rules they were heard together and are being disposed of by this..

Category: Labour and Industrial Law | Date: | Hits: 121

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....referred to above. 19. Mr. Abdul Wadud Bhuiyan, learned Counsel, however, took a bit different view than that the learned Counsels advanced so far before this Court. He is of the view that the amending provision though not expressed explicitly about the curtailment of jurisdiction of this Cou......appeared jointly before this Court and prayed for deferring the delivery of judgment on the ground that they had received specific instruction from the learned Attorney-General to the effect that the law namely, the provision of Rule 19 Gha as referred to above, was; going to be amended shortly. In ..

Category: Criminal Law | Date: | Hits: 50

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......l disposal of the Partition Suit No. 8 of 1999 which was pending before the Court of the Subordinate Judge, 1st Court, Sadar, Mymensingh. It has been stated that the Court below committed an error of law in staying further proceeding of the SCC suit on the ground of a partition suit pending between ..

Category: Property Law | Date: | Hits: 37

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... days in preferring Criminal Appeal No. 86 of 2005 pending before the learned Sessions Judge Munshiganj is condoned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......it 1 and the first information report marked as Exhibit 1. In cross-examination she stated that accused Mozam and Akam were her husband and debor respectively. Accused Khorshed was her local uncle-in-law. Accused Mazid and Alek were her neighbours. Prior to occurrence Kabil, elder brother of her hus..

Category: Criminal Law | Date: | Hits: 82

RAK Ceramics (Bangladesh) Private Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others, 2007, 36 CLC (HCD)

....quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ...... source. The petitioner had never intended not to pay supplementary duty against the sales/supply of goods. The default might have happened due to ignorance of the new system by introduction of a new law of VAT. It already deposited a sum of Taka 54 lac pursuant to the notice and requested said resp..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......quire any title on the basis of the pattra. The learned Advocate for the petitioner referred the case of Laxmi Kanta Roy vs. Upazila Nirbahi Officer and others 46 DLR 136 and submitted that since the law on enemy property itself died with the repeal of Ordinance 1 of 1969 on 23-3-1974, no further ve..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......f the assessee and not on merit by its order dated 9-2­2002. 5. Against the order of the Taxes Appellate Tribunal, above two reference applications were made and following common questions of law referred to this Division for determination: (1) Whether, in the facts and circumstances ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......ক্রয়কে সাত বৎসর মেয়াদি খাইখালাশী বন্ধক হিসেবে ঘোষণা করিবে।" 14. From the above provisions of law it is clear that to get the aid of the Ain the land transferred must be within 1 acre and the va..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......eclared to be ultra vires the Constitution and why the impugned order of discharge dated 14-2­-2004 as in Annexure-F and all subsequent actions taken should not be declared to have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allo..

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ...... exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..

Category: Property Law | Date: | Hits: 40

Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)

....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ...... any ingredients of offence of criminal breach of trust attracting sections 406/420 of the Penal Code and it appears that the learned trial Court passed the moral conviction which is not warranted by law. Evidently, the trial Court as well as the appellate Court failed to appre­ciate the evidence o..

Category: Criminal Law | Date: | Hits: 40

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......he petitioners pursuant to the SRO No. 159-Ain/2005/450/ MUSAK dated 9-6-2005 issued by the respondent No. 4 so far as it relates to the petitioners should not be declared to have been issued without lawful authority and is of no legal effect and why the respondent No.6 should not be directed to sup..

Category: Fiscal/Taxation Law | Date: | Hits: 131