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Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......for consideration. Their Lordships considered Article 105(2) of the Constitution of India, the Bill of Rights of 1689 the Constitution of the United States of America and the reported cases of Indian jurisdiction namely, the cases reported in AIR 1965 (SC) 745 and Tei Kiran and others vs. M Sanjiva ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ...... law and the Constitution. Meanwhile during last three years BLAST has provided legal aid in more that 3000 cases, including more than 220 cases in the Supreme Court of Bangladesh and has invoked the jurisdiction of this Court undertaking a public interest litigation programme in this Court which is..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....r list of children in the Dhaka Central Jail who have been languishing for more than 360 days with the number of the cases and the period of confinement. Respondents have also furnished other list of total 7409 prisoners. 7. Thus it appears that there is no dispute about the allegation made in th......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
.... him to be aggrieved of and, as such, he was not legally entitled to take any appeal against the decision of the Election Tribunal. Mr. Khandakar submits that the appeal preferred by the appellant is totally misconceived and incompetent and, as such, the same is liable to be dismissed. He further su......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402...Category: Criminal Law | Date: | Hits: 34
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......he suit premises the plaintiff felt constrained to file the suit. He further submits that though there is clause-H standing in the way of taking possession of the suit premises by the landlord in the absence of unwillingness of the tenant, but the House Rent Control Ordinance being special law provi......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......ng in an error of his decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff. He also submits that the trial Court erred in law in decreeing the suit in the absence of any finding on the date of dispossession. In view of the evidence of defendant No.2 as DW......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....respectively who are living in Gudaraghat Basti (briefly as Basti). The Basti is situated in CS and SA Plot Nos. 776 measuring an area 1.15 acres of land and 777 measuring an area 0.50 acres of land, total area 1.65 acres of land, under Joarshahara Mauza. The Basti was developed in the year 1996. It...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325...Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....hmed did not exceed the limit of fair criticism, though those were little harsh. He further submitted that Justice N. Ahmed once adorned the Bench of the High Court Division with an alert mind and totally committed to do justice. He is respected as a worthy judge of the Supreme Court. He made so......orne in mind that the principle of non-arbitrariness which is an essential attribute of the role of law is all pervasive throughout the Indian Constitution, and an adjunct of this principle is the absence of absolute power in one individual in any sphere of constitutional activity. The possibili......re set up and governed and methodology is provided for appointment of judges. The pivotal point in both the judicial systems in the process of appointment is the word "Consultation". In the Indian jurisdiction in the famous case of Supreme Court Advocates-on-Record Association Vs. Union of India,..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....also discharged. So, the order of recount stood confirmed. 6. Thereafter, the Election Tribunal on 30-04-2000 recounted the votes. After the recount, the Election Tribunal found that 3021 votes in total were cast in those four centers and out of those votes, 309 votes were invalid. Besides, the T...... the votes, the Election Tribunal sorted ambiguous votes of individual candidates and separated them from the total invalid votes from the count. The Election Tribunal found those votes ambiguous for absence of any initial or official mark inside the official seal. 15. Rule 34 of the Union Parish......antime. 7. It may be noted here that challenging the notification for holding by-election for the office of Chairman of the said Union Parishad, the election-petitioner moved this Division in writ jurisdiction in Writ Petition No. 4304 of 1999 with prayer for stay of the holding of the by-electio..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....spute or difference within the tenor of the contract, and bereft of any reason whatsoever cannot be sustained in law. There is no difficulty to declare such order illegal and arbitrary being based on total non-application of mind and for want of any reason. Such order has no doubt resulted in seriou......obhan as that of the employer however, without any consent of them. 5. Mr. Enayetur Rahim, learned Advocate for the petitioner, submits that the Court erred in law in appointing arbitrators in the absence of any dispute or difference either within the meaning of the contract or the Act which has ......e contract. Not otherwise. Let it be stated more clearly that where there is no dispute or difference raised within the tenor of the contract, there cannot be any occasion for the Court to assume any jurisdiction under the section. 10. Relevant portion of the arbitration agreement as contained in..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....agong and loaded the goods on ‘MV Sargodha’. It is averred that the plaintiff forward sold the entire quantity of rice to Messers Lokman and Hafiz Enterprise at a price of Taka 14.00 per Kg and a total price of Taka 41,56,740.00. The ship ‘MV Sargodha’ arrived at Chittagong Port on 21-4-95 b......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......, will it affect the liability of the defendants? v) Are the defendants responsible for the claim of the plaintiff. If so, to what extent? vi) Is the counter-claim maintainable in the admiralty jurisdiction? If so, to what extent the defendants are entitled to a decree/relief, if any.” 5...Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7....... resulted in failure of justice, and whether on that ground the decision should be quashed. If that be so then what should be the relief is again a matter which depends on several factors. The Courts jurisdiction to interfere is very much limited and much less in granting any relief in a claim based..
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......ed the objection of the petitioner by the impugned order. 5. Mrs. Promila Biswas with Ms Nahid Sultana, the learned Advocates appearing for the petitioners, submits that the appellate Court had no jurisdiction to accept the written statement. On the other hand, Mr. Shamsul Alam, the learned Advoc..Category: Procedural Law | Date: | Hits: 66
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....in Taka 869.00 in place of the price declared at Taka 573.91 for Flyban and 540.00 in place of the price declared at taka 417.39 for Sunflower giving retrospective effect from August 1995 to May 1997 total claim being for Taka 1,14,28,688.70 as well as the respondent No.2 in making demand for the sa......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......n fixing a price higher than that declared on 1-7-1997 retrospectively from August 1995 by issuing the letter dated 7-7-1997 and 14-7-1997 (Annexure C) and C (1) the respondents No. 3 has exercised a jurisdiction not vested in him by Rule 3(3) of the VAT Rules 1991 which does not authorise fixing ba..Category: Fiscal/Taxation Law | Date: | Hits: 91
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