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New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ll Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mohd. Mokarram Hossain, (1977) 29 DLR (AD) 185; Tamlin Vs. Hannaford, 1950 (1) K.B 18; State Trading Corporation of India Vs. The Commercial Tax Officer, A.I.R. 1963 SC 1811; British Broadcasting Corporation Vs. John..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....0) 22 DLR (SC) 120; P.L.D. 1959 (SC), 486; A.I.R, 1952 (SC), 214; Ghotagoda Vs. State, (1963) 15 DLR 517; Alim Vs. State, (1967) 19 DLR (SC) 268; Aminuddin Vs. State, (1970) 22 DLR (SC) 1; Fakira Vs. Emperor, AIR 1937 (PC), 119; Adalot Vs. The Crown, (1956) 8 DLR (FC) 69; Md. Afzal Vs. The Crown, 19......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..

Category: Criminal Law | Date: | Hits: 107

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......peared on behalf of the appellants, informed us that some amendments of the revisional powers of the High Court Division under section 439 of the Code of Criminal Procedure have also been effected in India and Pakistan. He mentioned that in India the Sessions Judge has been given the same powers of ..

Category: Others | Date: | Hits: 135

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ......August 12, 2003 the highest ever in the world being 8.8. Besides, the­reof of the Power Development Board sub-station in the city collapsed. On 26-12-2004, a magnitude 7.3 earthquake occurred in the Indian region of Nicobar Island near Bangladesh. The Bangladesh Metrological Department issued a sta..

Category: Constitutional Law | Date: | Hits: 211

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... appeal is dismissed. Cases Referred to- Mohammad Jamil Vs. Improvement Trust, Rawalpindi, 17 DLR (SC) 520; Secretary of State, represented by the Collector of South Arcot Vs. Mask and Company, Indians Appeals Vol. LXVII 222; Anisminic Ltd. Vs. Foreign Compensation Commission, 2 AC 147; Sm. Kr..

Category: Property Law | Date: | Hits: 78

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....kumar Divetia Vs. State of Gujarat, AIR 1997 (SC) 2193; State of U.P. Vs. Dan Singh AIR 1997 (SC) 1654; State of Andra Pradesh Vs. P.T. Appaiah and another AIR 1981 (SC) 365; Sharat Chandra Mitra Vs. Emperor ILR 38 Cal. 202; Ahmed Sher Vs. Emperor AIR 1931 Lah. 513; Granade Venkata Ratnam Vs. The Co......6; Muhammad Shafi Vs. The Crown, 6 DLR (West Pakistan) 104; Ibrahim and another Vs. The State, 11 PLD (Lahore) 715; State Vs. Lieutenant Colonel Syed Farook Rahman and 14 others, 53 DLR 287; Union of India and another Vs. B.N. Ananthapadmanabhiah, AIR 1971 (SC) 1836; Mattar Vs. State of U.P. 2002 SC..

Category: Criminal Law | Date: | Hits: 94

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59....... of order sought to be amended. 34. Scope of section 35 of the Income-tax Acts 1922 was exhaustively dealt with in the case of Maharana Mills (private) Ltd. 1959 ITR 350 SC by the Supreme Court of India. It held, inter alia, that – ''The power under section 35 is no doubt, limited to rect..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......epresentation on the part of the public authority on the claim of the persons aggrieved by the decision. In this connection it will be profitable if I reiterate an observation of the Supreme Court of India in case of National Buildings Construction Corporations Vs. Raghunathan and others, AIR 1998 S..

Category: Employment/Service Law | Date: | Hits: 147

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....Present: SK Sinha J S Rahman Miah J Hasan Rony…….Petitioner Vs. State…….Respondent Judgment August 22, 2004. Result: The appeal is allowed. Cases Referred to- Emperor Vs. Balmakund, AIR 1931 All 1 (FB); Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422; State......ence, by all the circum­stances of the case." 11. These statements of law were approved by a Full Bench of the Allahabad High Court in Emperor Vs. Balmakund, AIR 1931 All 1 (FB), Supreme Court of India in Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422 and our Appellate Division in State Vs. L..

Category: Criminal Law | Date: | Hits: 128

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....78. Result: The appeal is disposed of. Cases Referred to- The Crown Vs. Muhammad Fazal Bangash, 8 DLR (FC) 102; King Vs. Sibnath Banerjee, 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri ......s a valid order and it was further held, that the function of preventive detention was capable of being dealt with under the Rules of Busi­ness framed by the Governor under section 59, Government of India Act, 1935, and that preventive detention was a matter lying within the executive authority of ..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....s or their witnesses during the litigation amounts to a contempt. But at the same time we must point out in the words of the Judicial Committee of the Privy Council in the case of Shamdasani Vs. King Emperor (1), which were re-emphasised in the recent case of Izuora Vs. Queen (2), that this power ''......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134.......esaid suit. 4. The defendant No.1 has contested the suit by filing a written statement stating, inter alia, that said Pulin Behari and others while in peaceful possession of the suit land left for India before 1965 and they have been living there as permanent residents. Consequently, the suit lan..

Category: Property Law | Date: | Hits: 56

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia, 7 DLR 606; Abdul Barek Mia Vs. ABM Serajul Islam, 20 DLR 501; Md. Ashid Mia Vs...

Category: Civil Law | Date: | Hits: 74

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......te Division of the High Court of Bangladesh which shall consist of the Chief Justice and two other Judges to be appointed by the president after consultation with the Chief Justice. 58. In British India High Courts are established under the Statute of patent. In the letter patent preamble the wor..

Category: Constitutional Law | Date: | Hits: 264

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....rs Vs. State, 7 BLT (AD) 149; SA Alim Vs. Dr Golam Nabi and another, 3 BLT 1; Shamsuddin Vs. State and another, 49 DLR (AD) 159; Abdul Hye Khan and others Vs. State, 40 DLR (AD) 226; Girdhari Lai Vs. Emperor, AIR 1925 (Oudh) 413; Sanmukhsingh and another Vs. King, AIR 1950 PC 31; King Emperor Vs. Sh......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..

Category: Criminal Law | Date: | Hits: 94

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......ts of debts and the term 'obligation' or 'bond' was used to describe the sealed document which generated the duty to pay and the action was known as the action of debt sur contract. 16. In British India in the eighteenth century by different charters Royal Courts of Justice were established for t..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......s a source of some enormous meta physical power even above their mighty Kings in different forms in different countries, such as in old Mesopotamia, in Athenian Cities, in Egypt, in China and also in India. 19. The history also records that some two thousand five hundred years ago there were asse..

Category: Employment/Service Law | Date: | Hits: 99

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......nces of a particular case can never be regarded as a binding precedent, much less 'law declared' within the meaning of Article 141 of the Constitution so as to bind all Courts within the territory of India. According to the well-settled theory of precedents every decision contains three basic ingred..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....€¦Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002; Kishen Singh Vs. Emperor, AIR 1927 Lahore 580. Lawyers Involved: ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj, 41 DLR (AD) 30; Md. Ismail Hossain Vs. Government of Bangladesh, 27 DLR (AD) 353; Daily Rated Casual Labour Vs. Union of India, AIR 1987 (SC) 2342; Kerala Hotel and Restaurant Association Vs. State of Kerala, AIR 1990 (SC..

Category: Employment/Service Law | Date: | Hits: 145