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Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......amuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three months. 2. The prosecution case, in short, is that accused‑appellant Md. Niza......rejudiced which has vitiated the Dial. His last contention it that the conviction is not warranted by the evidence on record so far as the allegation of misappropriation is concerned. 5. Point for determination in this appeal is whether the trial was held in accordance with law or whether the sam..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ...... the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case". With the above observation Ju...... challenge. 2. Case of the petitioner is that; as per SRO No.151 Law/92‑1465/Customs dated 18‑6‑92 published in the Bangladesh Gazette customs duty was 15% ad valorem on the milk food infant formula "My Boy" under HS Code No.19‑01‑1901.10.10 and accordingly, petitioner opened an LC for ......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......and complete justice to the parties. Provisions for the amendment of pleadings are intended for promoting the ends of justice and not for defeating them. 19. We think that it is a well established principle that the object of Courts is to decide the rights of the parties and not to punish them fo......Bank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawye......n for amendment was filed just to cause delay in disposing the appeal as well as to harass the respondent and as such the amendment applicable is liable to be rejected with cost. 15. Now point for determination whether the amendment of plaint under order 6 Rule 17 of the Code of civil Procedure c..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......uch and hence, sub section (1)(b) of section 8 was beyond any qualm, applicable, whereas sub section (1)(b) has no role play in the instant case as it is entirely dependent on section 8(1)(a). The principle enunciated in Pak PWD case, is therefore out of the instant cases context. 14. In view ......neous case are reconstructed below in precise from. 3. The opposite party successfully respondent to a tender invitation, which the petitioner herein, (the opposite party in the Court below), henceforth referred to as the petitioner, floated, on 31.1.96 seeking bids from contractors for site deve......ies. Unless the Bangladesh Bank otherwise agrees, such reference shall not take place until after the completion or abandonment of works. 10. Perusal of clause 28 leads us to the equation that the determination of this appeal is dependent on the resolution of two issues of a twined nature, both c..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......d in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but....... The decisive test for determining whether a person holds any office of profit under the Government to the test of appointment. It is not correct to say that the several factors which enter into the determination of this question the appointing authority, the authority vested with power to determin..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......Court Division affirming the order of the trial Court has committed fundamental error of law. The learned Advocate further contended that the High Court Division has totally failed to consider the principle laid down in the decision reported in 19 DLR (SC) 198 and thereby, upholding the order of ......BLC (AD) 1. Lawyers Involved: Md. Abdur Razzaque Miah, Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner. Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leav......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256...Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......f Environment and Forest to benefit certain officials of the department of respondent No.3. The provisions of Saw Mills License Rules, 1998 is repressive, unfair, unreasonable and in violation of the principles of natural justice and in beach of fundamental rights of a citizen as enshrined in the Co...... May 25, 2008. Result: The petition is dismissed. Lawyer Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Civil Petition for Leave to Appeal No.1499 of 2006. Judgment Mohammad Fazlul Karim J. - This petitioner seeks......license was not renewed. The petitioner has in the mean time continued with the business per Rule 6(2) of Saw Mills License Rules, 1998 whereby an applicant may continue with his business pending the determination of the fate of his application for renewal, petitioner was repeatedly reassured of the..Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......ndent did neither give any notice to the petitioner nor was the petitioner given any opportunity of being heard before issuance of the impugned order of termination which was a gross violation of the principle of natural justice. Hence the impugned order was liable to be declared to have been passed...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t......e Karmachari Union, the petitioner was committed to preserve the greater interest of the workers of the Corporation. He also took pioneering role for taking the above mentioned resolution. Seeing the determination of the petitioner for the interest of the workers, the authority of the Corporation be..Category: Employment/Service Law | Date: | Hits: 156
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......rmed the said judgment and order committed no error of law. 10. The learned Advocate-on-record submitted that the learned District Judge as well as the High Court Division failed to appreciate the principle laid down in the decision reported in 18 D.L.R 109 that a still born suit should be buried......ias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 2011. Result: The Petition for Leave to Appeal is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- F......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ..Category: Procedural Law | Date: | Hits: 133
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......llful disregard of the law, and have voluntarily given lease and this constituted fraud and the learned Single Judge ought to have held accordingly and proceed to decide the case on that basis. The principle of law enunciated in the reported decision referred to above is in consonance with the w......ters Patent Appeal are, in short, as follows:- One Sudhir Chandra Saha and another instituted a suit being Title Suit No.218 of 1956 in the 1st Court of Munsif, Gaibandha, against Jan Mamud Sarker for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 exec......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......A Samad, Advocate ‑ For the Respondent No.4. Matter No.32 of 1995. Judgment Mainur Reza Chowdhury J.- On an application filed by the petitioner under section 241 of the Companies Act, 1994 for winding up of the respondent Company notices were issued upon the respondent Nos.1‑5 to show c......"contributory" means every person liable to contribute to the assets of a company in the event of its being wound up, and, in all proceedings for determining and in all proceedings prior to the final determination of the persons who are to be deemed contributories, includes any person alleged to be ..Category: Company Law | Date: | Hits: 185
.... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......ients placing confidence on their promise and relying upon such promise filed returns under section 82BB, hence subsequent issue of letter in violation of promise by the respondents is stopped by the principle of estoppel for which the impugned letter is issued in breach of the principle of estoppel......the clients placing reliance upon the petitioner's advice also filed their returns under section 82BB, which were duly accepted by the Income Tax Department as the final settlement of the tax payment for the assessment year 2009-2010.
3. It has been stated that the clients of the petitioner by no......important. The first quotation "manner to be determined by Board" is in the future tense whereas the second quotation "return filed under subsection (1)" is in past tense. This means that manner of determination for selection of return for audit is to be determined after filing of the return. If R..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......“While I would prefer not to accept those limitations as if they placed any technical obstruction in the exercise of the review jurisdiction of this Court, I would accept that they would embody the principle on which this court would not, in the exercise of such jurisdiction. It is not because a c......004 discharging the Rule should not be reviewed and/or pass such other or further order orders as this Court may deem fit and proper.”
2. Relying on the following averments the petitioner seeks for review of the judgment and order dated 22.08.2006 passed by the Hon’ble High Court Division., ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
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Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......onal Sessions Judge, Comilla in Sessions case No.74 of 1992 of 29‑3‑94 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life und also to pay a fine of Taka 1,000.00 in default, to suffer RI for one year more. 2. T......th the appeal are entitled in law to be acquitted. 20. Mr. AFM Shahid, the learned Deputy Attorney‑General, has submitted on the other hand, that the accused appellants with a premeditation and determination of causing the murder of deceased Serajul Islam flocked together in the tea‑stall of..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......ret the same and to comment which is needed. But in the present part of the litigation which is before me, I should not, so I refrain from doing so. At this stage, I am also restrained by the Settled principle of law to comment on the merits of the case of the parties that may prejudice other party ...... appeal and setting aside the order of temporary injunction passed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dat......28.2.96 is hereby vacated. No order as to costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..Category: Civil Law | Date: | Hits: 110
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ...... Court below has the power to review its own Judgment under Order 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous case was allowed by the trial Court. The appellate Court be......uardian of the person and property of a minor on the ground that he had no jurisdiction in the case. Upon review of the said order the Guardian Judge assumed jurisdiction in the case. It fell for determination before a learned Single Judge of the High Court of West Pakistan (Lahore Bench) as to ..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......d Advocate emphatically submitted that the impugned order of expulsion from the Medical College for ever is illegal, mala fide and has been made without lawful authority in flagrant violation of the principle of natural justice, as before making such an order no notice to show cause was saved on t......llows: The petitioner in Writ Petition No.2141 of 1993 was a 4th Year MBBS, student in the Chittagong Medical College bearing Roll No.113, Session 1988-89. He was elected Indoor Games Secretary for the 4 consecutive terms of College Chhatra Sangsad of the Chittagong Medical College having a ...... the answer papers the Examiners come to entertain suspicion about adoption of unfair means by particular candidate or candidates and the Examination Board has to consider such cases and come to a determination as to the nature of the offence committed and has to apportion the penalty which can ..Category: Others | Date: | Hits: 168
....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......n is not maintainable. Without initiating any proceeding or even without issuing any notice the action impugned against was taken by the respondent No.1 which in our view is certainly in violation of principle of natural justice and also flouts the provision of Article 40 of the Constitution by whic...... For the Petitioner.
SM Moniruzzaman, Assistant Attorney-General - For the Respondents.
Writ Petition No.7287 of 2007.
Judgment
Md. Ashfaqul Islam J.- Let the supplementary affidavit be formed part of the main petition. At the instance of the petitioner Saint Martin Commodities Limited......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......ants No.1 to 3 filed a joint written statement denying the materials allegations made in the plaint and contenting inter-alia that the suit is not maintainable in its present form and barred by the principles of waiver, acquiescence and estoppel. Their further contentions are that the plaintiffs h...... extinguishing proprietary right in 65 decimals of land of SA Plot No.573 and RS Plot No.79 and 80 and asked to submit objection, if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, ren...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......n No. 4 of 1988. Judgment Syed Misbahuddin Hossain J.- This Rule Nisi was issued calling upon the respondent to show cause why the proceeding in the Certificate Case No.Shilpa-1/86-87 pending before the General Certificate Officer (Respondent No.1). Sylhet and the notice dated 29.2.88 issued b......o pay Tk.1,02,07,480/-. 5. Mr. Abdul Wadud Khondker, the learned Advocate for the petitioner, has assailed the certificate proceeding on two counts. His first contention is that without previous determination of the dues, no requisition can be sent to the certificate officer for recovery of t..Category: Civil Law | Date: | Hits: 171
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