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....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......fter closure of the mills since 4-11-1999. Then again, on 10-12-2001, the writ-petitioner wrote to, the Superintendent for cancellation of registration, but the respondents did not take any action on the applications filed by the writ-petitioner. The High Court Division specifically n..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......2000 issued a notice demanding justice to the respondent No.1 (appellant herein) with a request to do justice in implementing the judgment and order dated 22-9-1998 in AT Case No. 203 of 1992. But no action was taken as yet in this behalf. 9. Thereafter the present respondent No.1 of all these ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......ed by the petitioner it is stated that the BJI constitution does not recognize the propagation of religion through coercive means. The BJI constitution in clauses 4(2) and 4(3) clearly states that no action shall be taken by BJI unless the same is constitutional and within the legal and democratic f..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......e ground stated above.
18. From the sentimental point of view the case of the petitioners obviously carries weight with the people in general. They having come to Court as petitioners of a legal action cannot unfortunately depend on mere sentiment and must stand the test of law before being qua..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......d extensively on merit in each such case, the Labour Court, however, on the question of jurisdiction based on its reading of section 33 and section 213 of the Act found on a prima facie cause of action arising in each case. That Court proved hesitant to abdicate its jurisdiction and authority a..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......e suit by filing written statement denying allegations made in the plaint and contending inter alia that the suit was not maintainable in its form and frame, barred by limitation and without cause of action. The substantive ease of these defendants in short, is as follows: On the death of Moulivi Ba..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......ately, the accused did not take any step to pay the said amount within the statutory period of 30 days from the receipt of this legal notice. After expiry of the statutory period of 30 days, cause of action arose and the complainant-opposite party filed the instant petition on 20.10.2008. Accordingl..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... of section 141 of the Act, 1881 has clearly mandated that a complaint alleging an offence punishable under section 138 thereof has to be filed within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. In other words, no complaint alleging ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......ays of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition of complaint after expiry of one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. The moment the period of thirty days e..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... below has committed a gross error in law in rejecting the miscellaneous case. He has further submitted that on a plain reading of the application filed under Section 96 of the said Act, the cause of action apparent on the face of the record thus, the rejection of the plaint by the Court below on co..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......t No.2 by filing separate written statements denying all the material allegations made in the plaint contending inter-alia that the suit is not maintainable, barred by limitation and no cause of action. The definite case of the defendant is that the recorded owners namely Annayda Charan Das and..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dishonoured the cheque. Accused did not deny that he had no knowle..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ....... Nazmul Islam, Deputy Manager, Grameen Telecom. The Appeal filed by appellant on 4.10.2003 with Appeal Commissioner is clearly much after the expiry of sixty days time limit. Appeal Commissioner’s action is both legal and judicious. The appeal thereby fails. Appeal is disposed as outlined abov..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......es of the third party mortgagor and the third party guarantor. Although this first proviso speaks of the property and not of the body, but the intention of the legislature is clear, which is that any action to be taken through the execution process, the first person to be attracted is the main borro..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......egedly inducted into the possession of the suit land as their permissive possessor and since the plaint is totally silent on this vital point, the trial Court rightly held there was no cause of action of the present suit and the plaintiffs at this stage to fill up the lacuna sought the amendme..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......olute. Article 31 of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unrea..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ...... The defendant petitioner filed written
statement contending, inter alia, that the suit is not maintainable and the
suit is barred by limitation and that the plaintiff petitioner has no cause of
action in the plaint and therefore, the plaint is liable to be rejected.
4. The defendant No.1,..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......w. 2. In both the petitions the Rule Nisi was issued almost in a common manner. In writ petition No. 16520 of 2012 Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the document..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......acrylic polymer in primary form’ classified actually under H. S. Code No.3906.90.00. Subsequently the Customs authority issued notice dated 12.01.2003 asking the appellant to show cause as to why action should not be taken against it for certifying wrong H. S. Code against the imported goods cau..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......medies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in contravention of the principles of natural justice or wher..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
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