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MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....stributes and sells a complete range of Mobil brand lubricants to the requirement of the customers in Bangladesh. In 5th Extra Ordinary General Meeting of the company dated October 18, 2009 a special resolution was passed resolving to change the name of the company from 'Mobil Jamuna Lubricants Lt......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......onths of the occurrence he heard from the villagers that Hashem confessed in the Police Station that he along with Shahjahan, Hossain, Anis and Nuru killed the victim. He also deposed that over the dispute of cow lifting 'Salish' was took place and the accused persons were asked to leave their vil..Category: Criminal Law | Date: | Hits: 112
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......ned on this point suggesting that he forged Ext.2 claiming it to be the first agreement of sale, which was however , denied by P.W.1. But it is important to note that the plaintiff-respondent did not dispute the genuineness of the first agreement of sale filed by the defendant-appellant in original ..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ion money for the property of Gulshan was paid from the joint fund of two brothers and even any motive of benami transaction was not shown either in plaint or evidence. 7. In this case there is no dispute about the equal shares of the two brothers in the property of schedule ‘A’ and the only ..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... is a statement of his own. He further submits that whether or not the petitioner was going to give a declaration as claimed in not admitted by the prosecution or the respondents and as such, it is a disputed question of fact to be decided by the Special Tribunal wherein the Special Tribunal Case is..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......Malaker. She denies the suggestion that accused Niranjan Malaker was not involved in the alleged murder. 11. PW 2 Dharani Kanta Das states that he did not see the occurrence, that there was a land dispute between the Accused Syama Kanta and deceased Makhon Chandra Das, that they held a salish abo..Category: Criminal Law | Date: | Hits: 75
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....itioner’s calculation total loss sustained was at taka 6,14,244.00, that the respondent No.3 Badarkhali Samabaya Krishi and Upanibesh Samity Limited on 14-2-1988 by adopting an illegal and malafide resolution cancelled the lease of the petitioner and issued notice on 5-3-1988 under the signature o......agement and control to his chosen man. 4. In the obtaining circumstances, on 12-6-1988 the petitioner filed a petition to the respondent No.1 District Co-operative Officer, Cox’s Bazar raising a dispute for its settlement since the dispute touches the business and affairs of a co-operative soci..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......its decision otherwise two members might be imbibed for the same seat. 11. Mr. AF Hasan Ariff submits that the election process does not always end with the declaration of the result. In case of a dispute it continues till the final disposal of the election dispute. The Bangladesh Constitution ha..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....int and asserting that the dismissal order was passed on due consideration by the proper authority, inasmuch as the Board of Directors of the Corporation in its duly held meeting for the purpose took resolution dismissing the plaintiff opposite party No.1 from service as he was found guilty of the c......rted in 49 DLR 38 the number of CPSLA has been printed incorrectly as 229/1983 whereas the correct number is CPSLA No.299/1983. Mr. Shorful Islam Khan, the Learned Advocate submitted that there is no dispute that the decision of the Appellate Division is binding upon all but from the judgment of the..Category: Employment/Service Law | Date: | Hits: 182
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... Ordinance was competent before the Labour Court. In the present rule the petitioner has not approached this court under Article 102 in the capacity of a bargaining agent in respect of any industrial dispute. Our opinion on the facts of the present case is that the present writ petition is quite mai..
Category: Labour and Industrial Law | Date: | Hits: 171
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......ed before one can obtain any relief under Article 102 of the Constitution for the remedy provided by this Article is not intended to be a substitute for the ordinary forms of legal action. It is undisputed that the present petitioner filed an Election Petition on 2-1-93 before the Election Tribun..Category: Election Law | Date: | Hits: 154
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ribunal, 2nd party (CPA) submitted written objection before the arbitral tribunal denying the material allegation made in the statement of claim. The arbitral Tribunal framed the issues to settle the dispute. 4. After hearing both parties and perusing the documents without examining any witness A..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ...... examine any person as a witness or examine any person in attendance though not summoned as a witness or recall and re-examine any person already examined who are expected to able to throw light in dispute………………………(11) Section 540 of the Code of Criminal Procedure is manifest..Category: Criminal Law | Date: | Hits: 97
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......rned Advocate appearing for the petitioners after placing the materials on record submitted that accused and complainant are residents of Brahmanbaria town and close neighbours and they have boundary dispute between them and over the same one civil suit and three criminal, cases are pending in the C..Category: Criminal Law | Date: | Hits: 75
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... Ahmed, Advocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending appointment of Assistant Pr......voking writ jurisdiction under Article 102 of the Constitution, more so when allegation of political consideration for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall no..Category: Employment/Service Law | Date: | Hits: 228
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......n the circumstances the member of the public could legitimately expect. In the words of Lord Scarman in In re Findlay (1985) AC 318, 338, "But what was their legitimate expectation?" Where there is a dispute as to this, the dispute has to be determined by the Court, as happened in In re Findlay. Thi..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....in rejecting his claim and thus, erred in law in passing the impugned judgment and decree dismissing the suit as a whole. In this connection Mr Siddique also relied upon the audit report Exhibit-'1', resolution taken by Ailchara Union Parishad dated 15-12-1983, Exhibit-'1 (Ka)', letter written by th......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......e Court rightly and legally on consideration of evidence negatived the plea of motive. Now let us consider whether the lower appellate Court erred in law in arriving at a finding on possession of the disputed land and the conduct of the parties in dealing with it. The question regarding the benami t..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......24 of 1970 reversing those of Mr. M.S. Rahman, Munsif, North Raozan made in Title Suit No.160 of 1969. 2. The plaintiff filed the suit for declaration of title to and recovery of possession of the disputed land against the defendants. His case was that Sirajul Huq was the original owner of the di..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ...... for 12/13 years. He did not commit any offence. He had nothing to say if he was guilty in the eye of law. 36. These are all the evidence adduced by the prosecution as well as defence. There is no dispute that on 13-6-2000 at 10.00 PM the victim Ayesha Akhter was murdered by cutting her throat du..Category: Criminal Law | Date: | Hits: 118
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