Search Options
Judgment Advanced Search
Displaying 6721-6740 of 7097 results.
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....gned judgment and order, the High Court Division declared the confiscation of the seized goods in question as illegal on two grounds. One is that the Customs Departmental failed to comply with the provision of section 180 of the Customs Act. Other is that the finding of the Tribunal was not base...... were the same goods as were sold in auction and the Tribunal having disbelieved the claim of the writ petitioner by assigning reason which being a finding of fact, the High Court Division erred in law in setting aside that finding in its writ jurisdiction. It was also noticed in the leave grant..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......der of the trial Court. 6. Leave was granted to consider whether the learned Judge of the High Court Division upon correct appraisal of the material facts and the principles of law applicable to amendment of plaint was justified in interfering with the order of amendment of ..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....composition of the Board on a different fact. 6. Mr. Amirul Islam, learned Advocate adopting the submission made by Dr. Zahir submits that earlier order was passed invoking the provision of Order 39 rules 1 and 2 of the Code of Civil Procedure and this Rule though relates to ......ed asking the petitioners to show cause as to why the aforesaid Memos and the proceeding initiated under section 46 of the Bank Companies Act, 1991 shall not be declared to have been issued without lawful authority and is of no legal effect. 3. The short fact leading to this..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
....n revision set aside the order of the executing court holding that an application under Order 21 rule 32 of the Code of Civil Procedure was not maintainable. On further revision under the repealed provision of section 115(3) of the Code, High Court Division made the Rule absolute. Leave was gran...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ..Category: Property Law | Date: | Hits: 57
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....oner proprietor of Jeni Money Exchange Company was a licensee as money changer under section 3 of the Foreign Exchange Regulation Act from the Bangladesh Bank initially for a period of 1 year with provision for renewal. 2. Upon an allegation made by the Assistant Manager, Se......t of rent for the premises, salary of staff, etc. on account of the order of suspension. Furthermore, he argues that Bangladesh Bank, the principal, had no right to suspend the licence of its agent lawfully appointed. 7. We find no substance in the submissions. The principal ..Category: Business or Commercial Law | Date: | Hits: 83
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......ry injunction in favour of Humayun Kabir in respect of these two holdings it could not be said there was no such holding. 6. The High Court Division did not commit any error of law in directing the Office-in-Charge Motijheel PS to hand over possession of holding Nos. 59 and 5..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......ree the appellant preferred this appeal. 6. Mr. SS Halder, learned Advocate for the appellant, submits that the learned Single Judge of the High Court Division fell in error of law in finding that there is no finding of service of notice by the learned SCC Judge without notic..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ...... It is only the averments made in the plaint are to be considered to come to a finding as to whether those disclose a cause of action and the Court while deciding such application is not permitted in law to travel beyond the averments made in the plaint. The High Court Division in the instant case o..Category: Civil Law | Date: | Hits: 105
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ......heirs the suit as a whole cannot be held to have abated calling for discharging the Rule in the revision case as having become infructuous. It has further been argued that there are good grounds of law in the revision which if considered the revision case would have been allowed and the Rule issu..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......ction 5(1)(b) of the said Ordinance was issued to the respondent Nos. 1-6 or any other person inclusion of the disputed property in the “Kha” list of the abandoned buildings is without lawful authority…..(6) ..Category: Property Law | Date: | Hits: 69
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
....on 9(Ka) of the Am but the fact remains that they took nude photographs of Shiriti Kona Biswas and Ripon. In the case of Kalu and another vs. State, 45 DLR (AD) 161, their Lordships by applying of provision of sections 236 and 237 of the Code of Criminal Procedure held that although the accused ......ng been framed for commission of rape under section 6(3) of the said Ain, the conviction and sentence under section 9(Ga) for committing an offence of immoral act is illegal and not sustainable in law. 7. Syed Ziaul Karim, learned Advocate appearing in Criminal Appeal No. 3..Category: Criminal Law | Date: | Hits: 72
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......of 1908), Order XLVII rule 1 Non-discovery of alleged fact and even after discovery if found genuine would not have proved the case of the petitioner, the High Court Division committed no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence..Category: Property Law | Date: | Hits: 107
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......stantive offence of murder his liberty can be curtailed under section 497 of the Code of Criminal Procedure. As such violation of fundamental right cannot arise since “save in accordance with law” as mentioned in Article 32 of the Constitution not only refers to criminal law but also ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ...... Tribunal Case No.51 of 1997. 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....elections for the present Parliament referring to Article 20(1), 61(b) of the Representation of the People Order, 1972 and Rule 9(1) of the Conduct of Election Rules, 1972 being the existing legal provisions for allocation of symbols in the parliament election. The symbol “Langol” wa......, if any, as the President may from time to time direct, and the appointment of the Chief Election Commissioner and other Election Commissioners (if any) shall, subject to the provisions of any law made in that behalf, be made by the President.” 7. Thus it appears that the El..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....similar. 7. The case of the respondent Nos. 1-4, in short, is that work performed by the three sections are distinct as well as different, as such, as a matter of necessity the provision for maintaining separate seniority of the said 3 categories of employees has been provid...... Group V was combined since inception of the Corporation and thus the change in the Organisation set up and the separate seniority list prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Co..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....bance while performing duties as a warder in Pabna Jail proceeding was initiated against him and after inquiry it was found that the respondent is guilty of misconduct and accordingly following the provision of Rule 205 of the Jail Code he was ultimately dismissed. 4. It is a...... General of Prison has not recorded any reason for not issuing a second show cause notice thereby violated the constitutional protection available to the respondent and relying on the principle of law enunciated in 44 DLR (AD) 104 (Jamuna Oil Company Limited and another vs. SK Dey and another) a..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ork for 48 hours per week while clerical staff of the Chittagong main office and the terminal office would work for 38 1/2 hours per week and that the overtime rate would be paid in accordance with provisions of Factories Act, 1965 and the Shops and Establishments Act, 1965. Pursuant to the sett......sion of the Labour Court and discharged the Rule Nisi issued in the aforesaid writ petition. 2. The petitioner seeks review on the following grounds that in absence of any law or award or settlement securing any right to claim overtime allowance at the rate double the r..Category: Labour and Industrial Law | Date: | Hits: 128
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ...... 3. The learned Advocate for the petitioner submits that as a Joint Mutwalli petitioner is entitled to manage the affairs of the Waqf Estate and as such, High Court Division erred in law in upholding the order of the Additional Deputy Commissioner to hand over the charge to the oth..Category: Property Law | Date: | Hits: 47
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....contested the Rule by filing two separate affidavits-in-opposition denying material allegation made by the petitioner stating, inter alia, that the notification was published in compliance with the provision of the ordinance. 4. The petitioner of Writ Petition No. 2259 of 988......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
880879878877874873872871868867866864862861860859858857856854