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Displaying 1181-1200 of 1984 results.
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
.... 17. In the instant case the appeal was filed under Section 17 of the Arbitration Act, 1940 which amongst other provides that no appeal shall lie from such decree except on the ground that it is in excess of, or not otherwise in accordance with the award. In the instant case the High Court Divis......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....ly misconceived and that under section 151 of the Code of Civil Procedure is equally not maintainable. 21. In that view of the matter, we are of the view that learned Joint District Judge acted in excess of his jurisdiction in granting stay in Title Suit No. 12 of 2002 of all further proceedings ...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......ারপ্রাপ্ত চেয়ারম্যান নির্বাচন করবেন। 9. From the above notification, it appears that if the acting Chairman fails to perform his duty or if he loses confidence of the majority members, the UNO with the prior concurrence of the ma..Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......no alternative but to send the record of the case to the Court of Sessions for passing appropriate order under section 205C. His second contention is that after repeal of chapter XVIII of the Code, a duty is cast upon the Court of Session at the time of framing charge against an accused person to ex..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....n the Act that it is the Publisher who alone shall decide whom he shall appoint the Editor. The Learned Deputy Attorney-General has then conceded that the Additional District Magistrate has acted in 'excess of his jurisdiction' in this case. 87. Article 147(3) of the Constitution of the People......re, is required in interpreting a Constitution than in construing a statute. The Constitution is not to be construed in any narrow pedantic sense and a broad liberal spirit should inspire those whose duty it is to interpret it, for a Constitution, which provides for the Government of a country, is a..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ...... Customs House, Dhaka. By the said letter, attention was drawn by stating that through secret information they came to know that imported goods would be sold in open market and thereby huge amount of duty would be evaded. Similar letters were also written from the office of respondent No. 5 on 24-7-..Category: Criminal Law | Date: | Hits: 158
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......years. The two sentences were made to run concurrently. 2. Prosecution case, in short, is that the informant Md. Asaduzzaman Farazi, a Sub-Inspector of police, along with his forces, was on rescue duty on 6.4.1999, when he had received secret information that the appellant and his accomplices wer..Category: Criminal Law | Date: | Hits: 44
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......ion. He submits that even in the aforesaid decision placed by Mr. Mahmudul Islam it has been held that even though there is no evidence but that by itself does not relieve the Court altogether of the duty of assessing the damages as best it can on evidence and materials actually placed before it. He..Category: Banking Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. .........The motives, springing from weakness as often as from wickedness, show some of the basest and some of the better emotions of mankind, cupidity, revenge, lust, jealousy, anger, fear, pity, despair, duty, self-righteousness, political fanaticism; or there may be no intelligible motive at all." 3..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544....... to enlarge appellants Ershad Ali and Abul alias Choto Abul on bail. 2. Chandpur PS Case No.11 dated 11-2-99 was started against the appellants and 2 others upon allegation that while doing patrol duty at Merkatiz Road, Puranbazar Chandpur a police party found 10/12 persons running away. They got..Category: Criminal Law | Date: | Hits: 38
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......ch of the High Court said that the word “Government” denotes the person or body of persons administering the laws and governing the State. “Government” is the body of persons charged with the duty of governing and exercising certain powers and performing of certain duties by public authoriti..Category: Criminal Law | Date: | Hits: 69
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......formant lodged a first information report with the Khulna police station against the accused petitioner and 2 others alleging, inter alia, that on 27-4-1996 at 23:00 hours the informant was on patrol duty while he reached in front of NK Food. Tutpara main road found 3(three) youths in suspicious mov..Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......BNS Tamjeed at 21-06 north longitude and 91-31 east latitude which is inside the territorial water of Bangladesh in which contrabands items were being unloaded from the vessel without payment customs duty and the charges. Further, the mere fact that the vessel was proceeding to the port declared in ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ntial drying up as happened in Nigeria. As time would pass by, gas production would accelerate, creating huge surplus after meeting demand and without obligation as the contractors’ part to utilize excess production for value addition on it’s own account for cost recovery. The concession under t...... after due consultation, and is not, therefore, amenable to judicial review. The Executive Organ of the State is entrusted with the job of conducting day to day affairs of the State, inclusive of the duty to arrive at commercial contracts, with which the Judicial Organ would not interfere, save wher..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......titude. It is only when the assets of the convict are not sufficient to cover the amount of the fine, he shall then suffer imprisonment for default to pay the fine and not otherwise on any pretext. A duty is thus cast upon the trial Court to take urgent steps for realisation of the fine imposed upon..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....d wealth statement for the year 1993-94 submitted by the petitioner and submits that the Respondents must show by positive papers and record that the petitioner has any other wealth and properties in excess to those as mentioned in the said Annexure X-X(1) (Annexure D-D(l) in order to make the petit...... Deputy Attorney-General Shahabuddin Ahmad appearing for the Respondent No.2 refers to the provisions of section 9 of the Anti-Corruption Act, 1957 and submits that in view of said section 9 power or duty under section 4(1) of the Act upon the Government have been delegated to be exercised and disch..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......50 DLR (AD) 52. He also referred to the case of Tazal Hoque Vs. Md. Affan, reported in 17 DLR 613 on bona fide purchaser for value without notice. 11. In view of such submissions, I feel, it is my duty to examine closely the entire evidence, both oral and documentary, on record in facts and circu..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... of Order 22. If it is proved that plaintiff was prevented by any sufficient cause from continuing the suit the Court shall set aside abatement. In considering prayer for substitution the Court has a duty to see whether the application has been filed in time and whether the suit has abated in the me..Category: Property Law | Date: | Hits: 71
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......he period of limitation if he is satisfied that the appellant was prevented by sufficient causes from presenting the appeal within the prescribed period of limitation and the said sub-section casts a duty upon the appellate forum to give a chance to the appellant to explain the delay. But in the fac..Category: Fiscal/Taxation Law | Date: | Hits: 128
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... for any reason income, profits or gains chargeable to income tax have escaped assessment in any year or have been under-assessed, or have been assessed at too low a rate, or have been the subject of excessive relief or refund and not otherwise and that this section is a residuary section. It can be......e Act and, as such, the subsequent notice served by the DCT under section 34 of the Act was premature, illegal and without jurisdiction. The learned Advocate further submits that it was the incumbent duty of the assessing officer to complete the assessment of the assessee applicant under section 23(..Category: Fiscal/Taxation Law | Date: | Hits: 96
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