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....r that is to be conferred” (Jurisprudence 10th Edition 155).
138. According to Prof. Hilaire Barnet, who cites Hans Kelsen, John Austin and J L Hart, ”When one comes to search for the ultimate higher authority which itself validates the basic norm, a logical impasse is reached..... On a domes......ble.
94. The ratio in the case State-v-Haji Joynal Abedin (32 DLR AD 110) yielded no dissimilar harvest. In that case, again, the question of the validity of martial law itself was not put on the scale. The question, as ignited by the petition was, almost identical to the one the instant petitio..
Category: Constitutional Law | Date: | Hits: 482
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....id in the previous term i.e. 1402-1404, was at Taka 5,20,000.00, that there was no satisfactory bid for the term 1405-1407 from the Fishermen’s Co-operative Society, or from any individual i.e. 25% higher than the previous years in successive five schedules and that at the 6th schedule only the pe......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
.... accumulated rents of several months at a time granting rent receipts to the petitioner. The opposite party appellant bank thereafter suddenly stopped accepting rent on the plea of direction from the higher-authority in spite of offer in time and also gave assurance to the petitioner that after gett......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ..Category: Property Law | Date: | Hits: 34
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....offence under section 32, such person shall be liable to a penalty not exceeding fifty thousand Taka or three times, the value of the goods in respect of which such offence is committed, whichever be higher and such goods shall also be liable for confiscation and upon conviction by a Magistrate such......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....r this provision of the Code. Subsequently the review application vas filed by the opposite party against the order 13.9.84. The opposite party instead of preferring a revisional application before a higher Court filed a petition for review of the order under Order 47, rule 1 of the Code. "When such......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
.... misconduct." 27. Hence reprimand is the mildest punishment that can be meted out to an Advocate found guilty of professional or other misconduct. Suspension from practice is a sentence of a higher degree but it really belongs to the intermediate class of punishment. Removal from practice i......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
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......t he was involved in the Murgi Milon murder case; that the detenu under cover of his political association with the opposition has been carrying on smuggling of gold, illegal arms on an international scale; that he is the god-father of a group of local terrorists. And that one Italian made Petro-Bre..Category: Criminal Law | Date: | Hits: 45
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....m authority, illegally and arbitrarily, they have directed the petitioner to appear before them only for the purpose of converting the value of the goods to facilitate the customs authority to impose higher duty and tax. On hearing the submissions of both parties it led us to find that the customs a......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... to 5000 acres and then finally 8555 acres. Agreement could not be signed due to disagreement between the parties about the rate of payment. Opposite party No. 1 worked on 7500 acres but billed for a higher quantum. The opposite party No. 1 claimed payment @ Taka 2000 per acre and submitted bills at...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....d, made over the case docket to him. He perused the same and found that Nabi Hossain after conclusion of investigation submitted memorandum of evidence. He (PW 23) then on receipt of the order of the higher authority submitted charge sheet against nine accused persons under sections 302/34/109 of th......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....: "Lawyers as they are, they are the very limbs of the administration of justice. The standard of care as owed by them to the Court and to the unhampered administration of justice is very much higher than that expected from the layman. They are not mere conduit-pipes for passing on to Court w......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
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
.... tax can only arise from transfer of such capital asset. 18. Let us also understand the concept of capital gain and capital loss with the help of some illustration. When you sell an asset at a higher price than you paid for it, the difference is your capital gain. For example, if you buy 100 ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ation on the ground of being misconceived for not seeking to adduce or accept the expert report as additional evidence against which the appellants-opposite parties did not take any legal step in the higher Court of competent jurisdiction. 9. The appellants-opposite parties filed another app......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....from the then Vice-Chancellor hailed and that the former was instrumental in not allowing the petitioner to join in the National University. The petitioner and Dr. Manzur-e-Elahi had prosecuted their higher studies in Madina Islamic University at the same time and there was rivalry between them. The......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....e to the punishment for an offence triable under the Act. 11. It appears by the term "effective punishment of grave offences" used in the preamble in simpliciter speaks of intended imposition of higher sentences, namely, sentences of death or imprisonment for life or 14 years rigorous impriso......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......r of the Prime Minister's Office appointing 60 persons including the Petitioners to the posts of Deputy Assistant Directors in the National Security Intelligence (NSI) Directorate in the national pay scale of Taka 4300-185 x 7-5595-EB-195 x 11-7740. The appointment would stand cancelled if the candi..Category: Employment/Service Law | Date: | Hits: 107
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
.... pages 56-57: "Now the question what should be the right approach for a court of appeal in deciding a question of fact already decided one way by the Court of first instance has drawn attention of higher courts. In the case of Radha Prasad Singh vs. Gajadhar Singh and others, AIR 1960 SC 115 the ....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..Category: Property Law | Date: | Hits: 32
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....ce dealers and used to purchase rice from Hilli border for sale at Noakhali, Chittagong and other areas and over snatching of money from them by the BDR when they gave out to report the matter to the higher authorities the case was started falsely to implicate them. 5. The question in the cas...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....cused under section 342 of the Code of Criminal Procedure. It appears to us that it was done in a slipshod manner, violating the mandatory provisions of law which has been highly discouraged by the higher courts of this sub‑continent. 47. From close scrutiny, we find from the evidence that ex....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......nce it must be read subject to all the qualifications however dishonest which witness introduces in cross-examination then this would lead to the paving of the way for miscarriage of justice on large scale). This would encourage dishonest witnesses to damage a true prosecution case by deliberate..Category: Criminal Law | Date: | Hits: 27
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