Search Options
Judgment Advanced Search
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ...... 1995 2 All ER 714; R Vs. Liverpool Corporation, (1972 2QB 299); Lord Binkenhead's dictum in Birkendale District Electricity Supply Company Ltd. Vs. Southport Corporation, 1926 AC 355; MP Oil Extraction Vs. MP, AIR 1998 SC 145; Dr. Chanchal Goyal Vs. Roysthan, AIR 2003 SC 1713; India Vs. Hindust..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....ction is to be ascertained by reading the whole plaint, cause of action may not be a single cause, it may be a bundle of facts, as found by their lordships in 2004 BCR (AD) 138, 56 DLR (AD) 210. Cause of action consists of the entire set of facts which gives rise to a legal action and is to be ......an and others ...............Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection of a plaint would arise. A plaint with disclosure a caus..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ...... Tribunal, final report was sent to the Metropolitan Sessions Judge, Chittagong, ex-officio Metropolitan Special Tribunal No.1, Chittagong (hereinafter referred to as the Tribunal) for necessary action. The case was registered as Special Tribunal Case No.108 of 2005. The Tribunal by its order d..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......diction to try such case. (2) Where any proceedings are revived under sub-section (1), the accused in the case shall, if he is accused of a non-bailable offence, be released on bail to the satisfaction of the Court unless for reasons to be recorded in writing the Court otherwise directs. (..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......Chief Engineer under PWD was also taken up for consideration in the said meeting of SSB held on 20-10-2013, although it was not initially made an agenda for the said meeting. From the aforesaid actions of the respondents, it is evident that the respondents at the behest of a vested quarte..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......onal conduct of a Judge, not related to his or her judicial or administrative functions, do not constitute the offence of contempt of Court, so long as it does not impute improper motives on the action of the Judge. 14. Mr. Rokonuddin Mahmud appearing on behalf of the appellants in Crimina..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34. ......spondent No.4 vide Memo No.LG/46.87.00.007.27.004 (ashashuni). 12-45 dated 28-1-2013 had forwarded the enquiry report along with the reply of the petitioner to the respondent No.1for taking necessary action (Annexure-E). Considering those materials the respondent No. 3 vide the impugned Memo dated 2..Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......porting the words 'rural area' in section 5 and addition of such words will amount to legislation by the judiciary which is not at all permissible........................(23) Benami Transaction Because of benami transactions, multifarious litigations crop up across the country..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......dents determining the tenancy, it was pointed out that 'you are requested to deliver the vacant possession of the premises on 1-2-1999 to my client(s) or their representatives failing which legal action would be taken against you and you would be charged a sum of Taka 5,000 per diem by your ille..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......be dismissed. Mr. Islam has further submitted that since, in the meantime, the writ-petitioner, the loanee of the decree-holder-corporation, has already paid the entire outstanding dues, the cause of action to proceed with the application filed under article 27 of PO No. 7 of 1973 vide Miscella..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ...... for the appellant that the High Court Division itself could have formulated a point of law in the manner suggested, we are of the view that section 160 of the Ordinance does not provide for any such action. Clearly it is for the assessee to formulate any point of law and make the reference to ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......s a schedule Bank, under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory transactions of share business, open L/C for export and import business and of its clients. Western Union..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......ion (3) of section 11 provides that the Tribunal shall— a) confine the trial to an expeditious hearing of the issues raised by the charges. b) take measures to prevent any action which may cause unreasonable delay, and rule out irrelevant issues and statements. 10. T..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ealed “অর্থ অধ্যাদেশ, ২০০৯” pursuant to which 4.5% VAT had been imposed upon the private medical College. Accordingly, she submits that there remains no cause of action to maintain this application as such, it should be discharged as being infructuous. 11..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....realise the fine in accordance with law. Let a copy of this judgment along with LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 564 ......g the offence of criminal misconduct as defined in section 5(1) (d) of Act II of 1947." 56. Criminal intention is an offence under this section. Criminal misconduct cannot be imputed to any action of a public servant when he performs his function in accordance with the prescribed set ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......ency of fund and there is no ambiguity in the section to interprete it otherwise in view of the legal position that the main issue is the dishonour of a cheque by the bank due to fraudulent action of the drawer and if the view taken by the High Court Division that payment stopped by the dr..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......tion to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights are raised, the ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......heque was dishonoured. The moment, the cheque was dishonoured with the endorsement "payment stopped by drawer", the offence under section 138 of the Act, 1881 was complete, but the cause of action to file the petition of complaint arose after the accused had failed to make the payment of t..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5