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Displaying 941-960 of 1984 results.

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....K M Subhan J.- This appeal by special leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partner­ship firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of M...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...

Category: Fiscal/Taxation Law | Date: | Hits: 122

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....0 on 27-4-88. Altogether he has withdrawn Taka 85,000.00 on that date. On 31-7-88 respondent No.4 deposited Taka 6,84,775.00 and on 1-8-88 he had withdrawn the entire amount and thus had withdrawn an excess amount of Taka 6,84,755.00. It is alleged in the plaint that respondent No.4 operated the sai......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......vidence of the 4 D.Ws. and the legal incidence that flows therefrom. Law requires that when the contending parties adduce evidence in support of their respective cases, whether oral or documentary, a duty is cast upon the Court to consider the same and thereafter to arrive at its conclusions with re..

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......rotection to public servants against frivolous, vexatious, or false prosecution for offence alleged to have been committed by them while acting or purporting to act in the discharge of their official duty. More so, the larger interest of efficiency of the State Administration demands that public ser..

Category: Criminal Law | Date: | Hits: 71

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ...... for the custody of the said property. Where the question is the custody of property like taxi cab, the Magistrate instead of entering into investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand o..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......a fide. This Court, under Article 102 of the Constitution cannot oversee the functions of a bank being run on a commercial consideration even if all its shares are held by the Government. This is the duty of the Board of Directors of the bank and its shareholders, the Government. 19. There is no ..

Category: Others | Date: | Hits: 134

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......xamine him. 18. P.W.6 SI Md. Khalid Hossain, the second investigation Officer, who has undertaken and continued the investigation from 22-3-05. He has stated, during examination-in-chief, that the duty to investigate into the case being entrusted on him by order of the Ministry of Home, he has un..

Category: Criminal Law | Date: | Hits: 79

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......n a particular point, it will be difficult for the executive to follow the directions. Whenever, a Division Bench of the High Court Division is called upon to decide a question of law, it becomes its duty to ascertain whether any pronouncement of the High Court Division exists on the point and the b..

Category: Employment/Service Law | Date: | Hits: 147

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......mprisonment for 5 months more. 2. Prosecution case has been narrated by Md. Jahangir Alam (PW 1), a Sub‑Inspector of Police of Cox's Bazar Police Station, which is as follows: While on mobile duty on 8‑4‑2002 towards Purba Bazar area, the informant got a telephonic message from Nazrul Is..

Category: Criminal Law | Date: | Hits: 128

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ...... When a Tribunal commits an error of law in deciding an issue raised by it, it acts beyond its jurisdiction and such decision of the Tribunal can be quashed under writ jurisdiction. 47. It was the duty of the Court to decide the question of maintainability of the suit as was raised by itself by r..

Category: Others | Date: | Hits: 185

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......the case referred to above the Appellate Division has held that the period of absence of Government servant on reinstatement in service after wrongful retirement shall be treated as a period spent on duty and he will be entitled to pay and allowances as admissible under clause (a) of the Rule. Claus..

Category: Criminal Law | Date: | Hits: 83

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... be contemptuous too. 13. Their Lordships of the Judicial Committee of the Privy Council in the case of R.V. Bertrand held thus: "The inherent prerogative right and on all proper occasions, the duty of the Queen in Council to exercise an appellate jurisdiction, with a view not only to ensure, ..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... which the defence declined. 13. The next witness is P.W.5 Md. Mosharraf Hossain. He is the Security Supervisor of Bangla­desh Biman and he deposed that on 30.5.86 from 6 A.M. to 2 P.M. he was on duty and at about 11-30 A.M. his superior Mr. Khaleque informed him that one Biman personnel has bee..

Category: Criminal Law | Date: | Hits: 87

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......Case No.25 of 1984, allowing the said case and directing the second party-petitioner to withdraw the impugned order of suspen­sion dated 19.8.82 and allow the 1st party-respondent No.2 to resume his duty with back wag­es. 2. Shortly stated the facts of the case are that the 1st party-respondent..

Category: Labour and Industrial Law | Date: | Hits: 166

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......a office and defendant Nos. 2, 4 and 5 were at Chittagong office, but the service return of notices is noted in the order-sheet by the learned Subordinate Judge. After receiving the notice the Courts duty is to see the manner of service and record it in the order-sheet whether the notice has properl..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......rties have battled mainly on the same at the time of hearing. Both the parties fiercely battled each other on the propriety of passing the temporary ad interim mandatory injunction and this Court has duty considered the same being competent to do so as per provisions of section 115(1) of the Code as..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......Islam certified that the work was done as per schedule and at the last page, he had written the price of the work done. Bill No. 9 was prepared on 5‑9‑92 and the Executive Engineer, Azizul Hoque, duty signed it. Signature of the Accountant also appeared at page 132. 22. At page 94 of the meas..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......inding. Further, the legal position is that where evidence has been duly placed before the trial Court and it has decided the suit on merit the revisional Court has no power to remand by shirking its duty, particularly solely for the purpose of writing the judgment afresh. This appeal, therefore, mu..

Category: Property Law | Date: | Hits: 64

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....el has also submitted that the Commission provided for in the impugned Ordinance is a misnomer. Whilst it has been given the title of a "Commission", its jurisdiction, powers and functions are far in excess of those granted to a properly constituted commission under the law. The true meaning of a "C......n-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as embodiment ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....4,87,474 in their account. But on 28‑5‑85 and 29‑5‑85 the bank debited Taka 3,03,37,212 from the account that is most illegally and without any authority debited the account Taka 40,77,980 in excess. 4. Further case of the plaintiff is that the ship was though beached at the 'Bhatiari' ya......ffs would repay their entire loan together with interest within six months after beaching of the ship at ‘Bhatiary’ yard of the plaintiffs. It was also agreed that the plaintiff would pay customs duty. The plaintiff did not comply with any terms and conditions of the contract. 9. They denied ..

Category: Civil Law | Date: | Hits: 92