Search Options
Judgment Advanced Search
Displaying 6941-6960 of 7133 results.
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....s not efficacious or adequate, and, where the wrong complained of is so inextricably mixed up that the High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. It is needless to add that the High Court Division is to see that......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......able condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under section 33 of the Customs Act withi...... enhanced sales tax and customs duty on enhanced tariff value and cleared the goods on 6-6-90. His case is that he paid an excess amount of Taka 6,36,032.00 on an enhanced tariff value although in law the imported goods were liable to be assessed on the basis of the tariff value as contained in ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....ith a second show cause notice along with a copy of the record of the authority’s decision, that the petitioner was not, prejudiced and that there was no violation of the principle of natural justice The notification up grading the post of Sheristader came into force on 7-11-85 The petitio...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......yers Invoved: Abdus Sobhan, Advocate instructed by SH Siddique, Advocate-on-Record—For the Petitioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 799 of 1994. Judgment AM Mahmudur Rahman J.- Th...... 8, 1999. The Bangladesh Public Service Commission (Consultation) Regulation, 1979, Regulation 9 In passing order of compulsory retirement there was no violation of any provision of law and consultation with the Public Service Commission was not required as the petitioner was not ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 Mokseda before the occurrence and abscondence of Billal immediately after the occurrence an......e is nil. In these circumstances the accused appellant has been convicted on a gross and perverse mis-evaluation of the facts and circumstances of the case and upon a palpable misapplication of the law of circumstantial evidence. 6. After discussing the evidence of the witnesses and co..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......y appointed and he had still time to improve his result upto 22-6-97. 9. Statute 32(2) (e) of the First Statutes of the Dhaka University Order, 1973 is as follows: “Act according to the service rules and regulations in the matters of appointment, leave, disciplinary ......s Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same by the Governing Body cannot make it lawful or valid&......ip;…………… Respondents Judgment: April 26, 2000. Natural Justice, Service Matter The order of removal having not been made by following the law and without giving the plaintiff any opportunity to show cause subsequent approval of the same ..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....vision Bench presided over by Mr. Justice Khandker Mahmud-ul Hasan for vacating the order of stay. It appears from the order-sheet of the writ petition that the Division Bench presided over by Mr. justice Khandker Mahmud-ul Hasan directed Rahman, Rahman and Huq, Chartered Accountant to submit an......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ...... The Constitution of Bangladesh, 1972, Article 102 The writ-petitioner who filed the writ petition can very well make a prayer for non- prosecution and it is upon the writ- petitioner to proceed with the case or not. Order for discharge for non-prosecution ought not to have been mad......rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......t case the plaintiff contends that the sale price in the question questioned document is too low which is indicative of the fact of mortgage and that there is also a stipulation. This stipulation, according to the defence, has been made behind their back and when they came to know of this they c......1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available to a mortga...... below to the effect that the deed in question is a mortgage deed and wrongly held that the deed is an out and out sale deed. (4) Whether the learned Single Judge misconceived the relevant law governing the suit for redemption of mortgage and erroneously reversed the judgment of affirma..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... Judgment March 15, 2000. The Companies Act, 1994 (XVIII of 1994), Section 91(1) (b) Articles of Association of IFIC Bank, Article 114 The power of the Board of Directors in Article 114 to recommend does not mean power to reject any such candidature. No such power ......ider can ever be eligible to be elected as Director of the Bank in spite of having duly qualified shares unless the Board of Directors recommends his case, which goes against the concept of company law as well as principle of franchise. 14. Following submissions of the Caveator were allo..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ...... in the instant case, whatever alteration was made it was made in respect of a regulation. On the above two counts we are unable to a argument of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is als...... question in this appeal is, whether after the omission of clause (8) of regulation 42 of the Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, hereinafter referred to as the Regulations; the appellant could yet be governed by the said provision. 3. The ap......lauses Act, 1897 (X of 1897), Section 6 The Bangladesh Steel and Engineering Corporation Employees Service Regulations, 1989, Regulations 42(8) It is well settled that any procedural law is retrospective in its operation. A subsequent omission by way of amendment of a procedure can..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......gh Court Division has, therefore, committed no error of law in upholding the order of the Subordinate Judge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......ndents Judgment June 16, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order 11 rule 8 The provision of Order 11, rule 8 of the Code of Civil Procedure is directory in character and the court is yet possessed of powers to extend time in a proper case…&......instant case, there has been no failure on the part of the defendants to comply with any order of the court to answer interrogatories. The High Court Division has, therefore, committed no error of law in upholding the order of the Subordinate Judge refusing to strike out the defence. Thi..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
....by this Court in Mujibur Rahman vs. Bangladesh, 44 DLR (AD) 111 in the following terms; “Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of an...... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......sp; August 8, 1999. The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging ...... 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Referred to- Md. Abdul ..Category: Constitutional Law | Date: | Hits: 151
Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ...... Abdul Malek, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 72 of 1998. (From the judgment and order dated 24-11-97 passed by the High Co......ccess. 5. Mr. Abdul Malek, learned Advocate for the petitioners, submitted that there being no legal evidence on record the impugned judgment and order of the High Court Division is bad in law and that the learned Judges of the High Court Division having had discarded the confessional s..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......nt July 15, 1999. The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ..Category: Employment/Service Law | Date: | Hits: 70
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ve executive service and the judicial service. The former performs the function of assisting the political executive in framing policies and also in executing policies while the judiciary administers justice without fear or favour the judiciary judges the administrative service administers administr......ative Tribunal for any grievance with respect to their service conditions and the said Judges and magistrates performing judicial functions shall be guided under Articles 115, 116 and ll6 A and according to the findings in the impugned judgment made above. (iv) It is declared that in order......dres by Bangladesh Civil Service (Reorganisation) Order 1980 with amendment of 1986 is ultra vires the Constitution……..76(3) Article 115 Necessary steps be taken forthwith for the president to make Rules under Article 115 to implement its provisions which is a constitutional mandate. N......primacy over those of the executive……..76(7) Article 116A and 132 Security of tenure, salary, other benefits, pension and independence from parliament and executive shall be secured framing law or rules or executive orders having the force of law under article 133…………76(8) The A..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... appellant for treatment of illness the suit was dismissed for default and as such said order should be set aside and the suit restored. The order of restoration having been made in the interest of justice invoking the provisions of section 151 of the Code for setting aside such an order is not i......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......of my learned brother Kazi Ebadul Hoque, J. Bimalendu Bikash Roy Choudhury.- I have gone through the judgment of my learned brother Kazi Ebadul Hoque, J. I would like to add a few words about the import of sub-section (1) of section 6 of the Artha Rin Adalat Ain, 19......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ...... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......vided in the Service Rules of the PDB. An employee cannot raise the plea of violation of fundamental right in case of transfer. ……….…..(6 & 7). Cases Referred to- Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27. Lawyers Involved: Shei...... Sherpur and Mymensingh. Broadly, the case of the petitioners is that as per Government decision and instructions their service is not transferable and, as such, the transfer orders are without any lawful authority. 3. Positive case of the respondents as set up in the affidavit-in-opposi..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ies Act, 1991 (XIV of 1991), Section 46 In view of the inspection report and recommendation of the standing committee it cannot be said that there was no material before the respondent no. 1 to form the opinion concerning the appellant or that the said opinion was fanciful. There was no r......ng the appellant to refrain from performing the functions of the Managing Director the same was arbitrary exercise of discretion on the part of the respondent No.1 and High Court Division erred in law in not holding so and discharging the Rule. He further contended that there was no material on ..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ffidavits. Admittedly the Presiding Officer lodged first information report on the disturbance and he also submitted a report to the Returning Officer and the District Election Commission was also accordingly informed. If at all there was no disturbance as submitted by Mr. Hannan, he could have ......udgment January 17, 2000. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election process is still on, the High Court Division ought not to have interfered with the matter on a disputed and controversial fact and resolved them on mere ......polling station could not announce the result of counting of ballots and there having been clear violation of Rule 39 of the Election Rules, the returning officer rightly and in accordance with law recommended for holding re-election at the disputed centre, which report the District Election..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......sp; November 8, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Section 491 It will be inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she sho......ege that she is a minor and the accused had committed offences under the aforesaid Act. It was totally wrong on the part of the High Court Division not to take into account all these facts and the law itself and to make an order of release upon its own expert opinion that she is about “to ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....…(8) When the High Court Division did not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………&......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......s 423 & 424 There is no illegality in not discarding the evidence of eye witnesses on the ground of close relationship as ocular evidence cannot be disbelieved when the witness appeared to be truthful and were telling the truth……………(8) When th...... 2. The prosecution case is that on 24-9-89 at about 11 in the morning the accused-petitioners along with others being armed with daggers, spears, sticks and other weapons formed into an unlawful assembly and attacked Hafizuddin Sarker Hearing hue and cry of deceased Hafizuddin Sarker so..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......in view of the provision of section 8(a) of Act XIII of 1987, briefly the Act, the trial against him having not been completed within two years from 20-1-87, he is immune from facing the trial and accordingly obtained a Rule in Criminal Revision No. 1236 of 1991. By the impugned judgment and ord......amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment Act. So the learned Divisional Special Judge had no authority to revive the case under the provisions of the Code of Criminal Procedure………&h......adesh Gazette on 1-4-87). Section 9 thereof having saved the action of revival of the case taken under the said Ordinance on 26-2-87, the learned Judges of the High Court Division misconceived the law and thereby misdirected themselves in holding that the case in question been stopped on 1-8-90 ..Category: Criminal Law | Date: | Hits: 59
614613612611610609608607606603601600598595594593592591588586