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Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......ivision has failed to consider that plaintiff must prove its case whether the matter is heard in ex parte or on contest and in the instant case, the ex parte decree having been passed suo moto in the absence of proper evidence and materials, the High Court Division ought to have interfered with the ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......cretary Internal Resources Division, by judgment and order dated 27.2.2007 discharged the Rule holding that assessment made on the basis of Yellow Book value can not be said to be illegal and without jurisdiction. 6. We are of the view that since the Appellate Division having authoritatively sett..Category: Fiscal/Taxation Law | Date: | Hits: 64
....e and distributor in Bangladesh with a view to operate STAR channels in Bangladesh for a period of three years (Annexure-'A').
3. The facts and issues as arise in this Application straddle a total of three policy and statutory regimes as have been in place from 2001 onwards. At the time tha......o its coffers. Therein lies the justification of the petitioner's legitimate expectation to be treated fairly with a discernible level of predictability of the respondent's course of action. In the absence of such predictable course of action by the respondent it is this Court's view that it is un......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......made by the petitioners in the case land but a reference to the judgment of the court of Appeal below unerringly shows that it did not rely upon the claim of Taka 2,50,000 as improvement costs in the absence of any satisfactory, cogent and reliable evidence and this being the scenario the court of a......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....ea of Mouja Karwan Bazar, Police Station Ramna, District Dhaka measuring an area of 6 katha 12 chhatak as described in the schedule of the plaint by auction, at a price of Taka 14,30,000 per katha, total amounting to Taka 96,52,000 as the highest bidder. Thereafter, defendant vide its Office Let......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....er pointing out and bringing out by the accused appellant is an open place accessible to everyone and that the appellant did not have any exclusive possession and control over that place, was under a total obligation to prove that the accused appellant himself kept the arms and ammunition in the pla......nt, submits that the place from where the accused-appellant brought out the arms and ammunition in question was an open place accessible to everyone and there is every likelihood of plantation in the absence of positive evidence that the accused appellant himself kept the alleged arms and ammunition......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....ut of 'kha' schedule, an area of 0.38 acres of land out of schedule 'ga' and an area of 0.12 acres of land out of schedule 'gha' of the suit jote and thereby the plaintiff has been possessing a grand total area of 4.70 acres of land in ejmali out of the suit jote. 4. It is further set forth that ...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98.......0-1-1995. Being aggrieved by the decree, the defendant No. 1, Nur Rahman, preferred Other Appeal No. 25 of 1995 which was allowed with the finding that the suit is undervalued and is out of pecuniary jurisdiction and that the suit is bad for defect of parties and that further decided permitting the ..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....verriding power given by section 20 of the Act cannot be extended to nullify the provisions contained in the 1986 Act. Their Lordships concluded : "... it can safely be concluded that Parliament totally excluded the. jurisdiction of ordinary Courts in relation to juvenile offenders. In other wo...... shows that the learned judge lost sight of the provisions of the Act. We also do not know whether the other aspects of informality of the proceedings before a Juvenile Court, i.e. lax procedures and absence of publicity and members of public apart from parents/guardian of juvenile and his represent......trial Judge convicted the condemned prisoner/appellant and sentenced him as aforesaid. 16. In the course of submissions an interesting legal point has been raised from the Bar with regard to the jurisdiction of the Nari-o-Shishu Nirjatan Daman Tribunal to hear the case. 17. Submissions on be..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....ining one i.e. apartment No. 3B (located on the 3rd floor at the western side of the building) as shown in the brochure of the "BLISS" Apartment to the plaintiff at a 10% discount price, provided the total discounted price of the apartment project including a car parking space and the driver's room ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......heir written statement. The learned Counsel submits that there was no valid contract between the plaintiff and defendant No. 1. He refers section 22 of the Specific Relief Act which provides that the jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant su..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......at when it is established that the husband and wife were residing in the same house at the relevant time, the husband is duty bound to explain the circumstances, how his wife met her death and in the absence of any explanation coming from the husband irresistible presumption is that it is the husban......ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ..Category: Criminal Law | Date: | Hits: 40
....e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......es not like to interfere in the matter of imposition of punishment by the University Authority pursuant to its legal proceeding against an incumbent. But this Court will not go slow in exercising its jurisdiction under Article 102 of the Constitution if there was an error apparent on the face of the..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....the case. It has also been held that "any sitting", referred to in sub-section (7) of the section 35, means one or more than one sitting, but it does not mean all the sittings or, in other words, a total absence. Total absence of the members from the entire proceedings is a violation of sub-sectio......997. At the time of dismissal of the petitioner his first service record which was not clean was taken into consideration. He had a bad record of service. He was guilty of negligence for unauthorised absence and also for threatening his colleagues and superior officers using filthy language. In some......any Labour Courts as it considers necessary and, where it establishes more than one Labour Court, shall specify in the notification the territorial limits within which each one of them shall exercise jurisdiction under this Ordinance. (2) A Labour Court shall consist of a Chairman appointed ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....nd conditions of the aforesaid agreements. However, the Arbitrator opined on scrutiny that Mr Mosta Gausul Hoq, the respondent No. 2, took Taka 500,000.00 as a loan from the petitioner and out of the total amount he paid back a sum of Taka 4,08,904.00 to the petitioner, leaving an amount of Taka 91,......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....d 10-4-2003 and 10-5-2003 (Annexures B & C) filed by the opposite party No. 1 it becomes clear that a new claim and new allegations of facts, raised subsequently by the opposite party No. 1 are totally inconsistent with his earlier pleadings or a go-bye to his earlier pleadings/ case of joint ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
...... under section 42(1) of the said Ain since it has not been done in accordance with the provision of law. We find no infirmity or illegality there which can be interfered with by this Court under writ jurisdiction.
20. To summarise, we are also to say that since a cheque cannot be equated with..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....riate step for securing his arrest and commit him to jail to serve out the remaining part of the sentence. In view of the provisions laid down in section 35A(1) of the Code of Criminal Procedure, the total period the appellants have been in custody before pronouncement of judgment by the trial Cou...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
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