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Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....ion is maintainable. The learned Advocate further submits that even if it is admitted for argument’s sake that the Federation is not a statutory body but it is controlled by the Bangladesh Swimming Council, a statutory body which provides for election of the federation under the supervision and co......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....confirmed all of them. On 23-8-04 the alliance Government appointed 19 Additional Judges. 39. Against such appointment, the National Media, the Supreme Court Bar Association and the Bangladesh Bar Council raised serious objections. In spite of national outcry against such appointments, the allian......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ..

Category: Constitutional Law | Date: | Hits: 252

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....ts and grant relief to the parties accordingly, if so doing it can shorten litigation and best attain the ends of justice." 23. Besides, we find in the case reported in PLD 1948 (PC) 73, the Privy Council held that amendment of the pleadings can be allowed even when a legal right has accrued to t......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ..

Category: Procedural Law | Date: | Hits: 60

Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)

....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......8 addressed to the Dist. Election Officer, Bagerhat. We have clearly stated therein that it was not possible for him to send the result of election of centre (a) because pol­ling was stopped in that Centre. We find that the Re­turning Officer had taken this stand as early as on 12.2.88. 5. Resp..

Category: Election Law | Date: | Hits: 81

Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)

....t the requirement of adherence to the provisions of section 164(3) Cr.P.C. is not a mere matter of form, but substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed. Vs. The King Emperor, AIR 1936 P.C. 253. Before recording a conf......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...

Category: Criminal Law | Date: | Hits: 31

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......8 contested the election for the office of Chairman of No. 1 Ali Nagar Union Parishad within the Upazila Beani Bazar in the Dis­trict of Sylhet held on 10-2-88. The voting at Dhaka Uttar Muhammadpur Centre was initially stopped for 2 hours from 11 A.M. to 1 P.M. and again fully stopped at 4.10 P.M...

Category: Election Law | Date: | Hits: 119

Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)

....eported in 1993 BTD 31. In that case a special larger Bench of the Taxes Appellate Tribunal, Dhaka considering the various decision of the Apex Courts of the Sub-Continent and a decision of the Privy Council in the case of Colonial Sugar Refining Co. Vs. Irring (1905 AC 369) accepted contention of t......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......ner has unlawfully grabbed. Of the acquired land in the said LA Case at least 6.12 acres of land including the case are to be transferred to the Ministry of Industries for establishing “World Trade Centre”. When the measurement process was going on it was first time detected that the petitioner ..

Category: Property Law | Date: | Hits: 22

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....lic or a local authority. 15. In the case of Principal Abdul Ahad Chowdhury Vs. Habibur Rahman and others, 1995 BLD 124, the petitioner, Principal Abdul Ahad Chowdhury as Chairman, Central Command Council, Bangladesh Muktijodha Sagsad filed a writ petition and obtained a Rule Nisi challenging som......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..

Category: Information Technology Law | Date: | Hits: 217

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

.... has been improperly admitted in evidence in the trial Court can not be entertained for the first time in the Court of Appeal. In Gopal Das Vs. Thakurnji, AIR 1943 PC 83, their Lordships of the Privy Council observed: "Where the objection to be taken is not that the document is in itself inadmiss......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...

Category: Property Law | Date: | Hits: 36

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....Company (GD) and others ...................Opposite Parties Judgment November 16, 2003. Cases Referred To- S Zafar vs. Abdul Khalique, PLD 1964 Karachi 1964 (1713) = 16 DLR (WP) 49; Arts Council of Pakistan vs. Reazuddin Pirzada, PLD 1969 Karachi 349; Wahid Sadque vs. Mozibur Rahnian, 4......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...

Category: Civil Law | Date: | Hits: 100

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......he list has the sanction of law. The pesh Imam, Muazzins of the Mosque of the factory, the teachers and other employees of the educational institutions of the factory and the employees of the Medical Centre and Hospital get their salary from the fund of the factory. In the elections held previously ..

Category: Labour and Industrial Law | Date: | Hits: 99

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....n (Tenth Amendment) Order, 1977 (Second Proclamation Order No. 1 of 1977) so far it relates to inserting Clauses (2),(3),(4),(5),(6) and (7) of Article 96 i.e. Provisions relating to Supreme Judicial Council and also clause (1) of Article 102 of the constitution, and (f) all acts and legislative......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ..

Category: Constitutional Law | Date: | Hits: 482

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....ecision reported AIR 1932 PC 244 cited by Mr. Nurullah, the company filed a suit making a claim against its director alleging that they allowed a decree to be time barred and it was held by the Privy Council that in order to debit the Directors with the unrealised amounts of these decrees it was nec......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...

Category: Company Law | Date: | Hits: 197

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

.... of income tax. The learned Advocate in support of his submissions relied on the decisions reported in 29 DLR (SC) 41 and 32 DLR (AD) 83 wherein Bangladesh Small Industries Corporation and Bangladesh Council of Scientific and Industrial Research Laboratory have been found to be a local authority res......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...

Category: Fiscal/Taxation Law | Date: | Hits: 94

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

.... Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellane­ous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judg­ment and order dated 5.7.87 passed by Tr......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..

Category: Others | Date: | Hits: 72

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......lso saw the occurrence. When the witnesses went to the place of occurrence the condemned prisoners went away. Thereafter, the informant and Nazim Uddin took the victim Shamsu Sikder to Elashin Health Centre by rickshaw and as there was no arrangement for treatment, they took the victim to Sadar Hosp..

Category: Criminal Law | Date: | Hits: 36

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

.... 1922 still did not fall within section 4(3) because the income was not derived from property held under trust or other legal obligation for religious or charitable purposes. It was held by the Privy Council reversing the decision of the High Court that the property of the Association consisted of t......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

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

....awyer of such stature, to whom the Courts always place trust, if he takes the advantage in such manner without respecting the canons of profes­sional conduct and etiquette as provided for in the Bar Council Order and Rules, 1972, then question may arise as to what then, fee junior lawyers will lear......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

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

....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.......ped up between the parties relating to the management, which led to commence­ment of various cases against each other. Lastly, the disputes were referred to the Singapore Interna­tional Arbitration Centre in Singapore. 4. In the course of arbitration, the parties reached understanding and s..

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