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Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......e find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......e Judge of the High Court considered the question of the default, and concurred with the finding of the trial Court but did not consider the other question of the sufficiency of notice to quit or the nature of the tenancy and dismissed the revisional case. 4. Of the questions set out above, we th..Category: Property Law | Date: | Hits: 87
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......cts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171....... that the Municipal Committee could not lease out the Octroi posts was without any substance. 5. Leave was granted to examine the contention of the appellants that the power of taxation in its nature is such that no private person can be allowed to collect and appropriate whole or any part ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... 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.......mpugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......esh. Any action taken or proposed to be taken under the Martial Law Regulation is, therefore, illegal. 8. The contention of the learned Counsel or the appellant raised the basic question as to the nature of the Martial Law Regulation promulgated by the then Government of Pakistan and its validi..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ...... DLR (HCD) (1998) 174. ......cree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendants only it may be set aside as against al..Category: Procedural Law | Date: | Hits: 80
....
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.
......ons of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......GED without following the rules or guidelines absorbed some employees on pick and choose basis in the revenue budget. The High Court Division in Writ Petition Nos.3218 and 4455 of 2010 issued similar nature of rules in respect of other employees. Since they have been working in different projects fr..
Category: Employment/Service Law | Date: | Hits: 147
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......nd a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607....... matter of facts and circumstances it is not desirable to infer that the petitioners have got reasons to feel insecure at Barisal Divisional Headquarter while facing trial there. 6. As regards the nature of the case so transferred to the present Tribunal, we may be permitted to state that the cas..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......one shop namely "Azad Bastraloy" at Goneshtola, Dinajpur Town and allegedly recovered some foreign print sarees as described in the seizure list. Subsequent to the preparation of the seizure list, signatures of the witnesses were obtained but the owner of the shop was not found present at the time o..Category: Criminal Law | Date: | Hits: 73
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......it Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002. 10. In the backdrop of the aforesaid circumstances, two vital questions to be decided in this Rule are: (1) the nature of the appointment of the petitioners and (2) of any legal right or legitimate expectations o..Category: Employment/Service Law | Date: | Hits: 125
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ....... No one ‑ For the Respondents. First Miscellaneous Appeal No. 5 of 1985 and First Miscellaneous Appeal No. 273 of 1991. Judgment Gour Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Sui......nsent of the parties, yet there is nothing on record to indicate what weighted with the learned Subordinate Judge in appointing a receiver for the suit land. The impugned order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. ..Category: Civil Law | Date: | Hits: 89
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. ......ellant 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. ...... 4. The testimony of PW 1 has been mentioned above while narrating the prosecution case. PW 2 had recorded the confessional statement of the appellant on 18‑4‑2002 and proved the appellant's signatures and his signatures appearing therein. He states that the confessional statement has been rec..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. ......mmons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ...... ব্যবস্থা আছে। 42. A reading of section 5(1) of the Act, makes it clear that the Court shall have full power to decide all questions, whether of title, priority, or of any nature whatsoever which may arise in the bankruptcy proceeding or which the Court may deem fit, expe..Category: Others | Date: | Hits: 185
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......e appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......f such member or officer or servant, unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of ..Category: Property Law | Date: | Hits: 81
....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.
......ediately.
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.
...... two of these cases by the High Court. It is true that the usual method of enforcing a Judgment granting an order of mandamus is by commitment for contempt, but such a mandamus must be of an absolute nature.
An order directing the reinstatement of a person in a great public Department is not one ..
Category: Criminal Law | Date: | Hits: 83
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ........................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, A......dispossessed the plaintiff from the suit land by forcibly entering into the suit land therein and breaking the huts. The defendants then erected furniture shop in the suit land in order to change the nature and character of the suit land. 20. In cross-examination, he stated that total suit land w..Category: Property Law | Date: | Hits: 85
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. ......accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......ation of the crew but without any specification. He denied the defence suggestion that a statement was secured from the appellant by inducement and he also denied the defence suggestion that the signature of the appellant was also secured by force. He also denied a suggestion by the defence that..Category: Criminal Law | Date: | Hits: 87
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. ...... and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; ...... its property from the local limits of the jurisdiction of the Court with the intent to obstruct or delay execution of any decree and the allegations made in the applications are vague and general in nature without any concrete material before the Court below for its satisfaction as required by law ..Category: Procedural Law | Date: | Hits: 118
....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.......ourts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......ed Deputy Attorney General on the point of maintainability of the suit appears to be without any substance.
15. Mr. Goutam Kumar Roy, the learned Deputy Attorney General next submits that the very nature of transfer of the suit property to the plaintiffs by way of a registered deed is not free fr..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ...... the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ot constitute any offence, in such cases it will be legitimate for the High Court Division not to allow the proceeding to be continued against the accused persons. The inherent power which are in the nature of extraordinary power also has to be pressed in aid when there is a flagrant abuse of the pr..Category: Criminal Law | Date: | Hits: 76
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......ier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......e to anyone.
7. Mr. Mahmudul Islam, the learned Advocate, appearing on behalf of the added respondent No.3, has submitted that the petitioner’s contention is based upon a misconception about the nature of value added tax realised under the VAT Act, 1991. VAT in its present form, first emerged i..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......ondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......n the company may make the application for rectification of such register upon any of such grounds. 31. The grounds tot rectification of the share register in the section appear to be of universal nature and available in all jurisdictions. Earlier under section 38 of the Companies Act, 1913, such..Category: Company Law | Date: | Hits: 232
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