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....ip;……Respondent
Judgment
March 3, 1975
Result:
The Rule be discharged.
Whether before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In acc......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
.... 2013 Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on the court by consent. It is also well sett...... case filed by respondent No. 2 under Article 27 of President Order No. 7 of 1973. He submits that Artha Rin Adalat only entertain Suit (মামলা) filed by the financial institutions upon payment of ad valorem Court fee. However, in the present case the Artha Rin Adalat having entertaine......973). Respondent No. 2 filed an application under Article 27 of the President Order No.7 of 1973 against the father of the petitioner before the Artha Rin Adalat, 2nd Court, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous C..Category: Others | Date: | Hits: 3
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......the designation and pay scale of Linemen. Mr. Serajul Huq has, however, explained that this was allowed by mistake and when detected, the mistake was corrected and the order was cancelled and further payment was stopped. 7. In view of the discussion made above, it is clearly found that both the......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....li brought 30 heads of cattle for selection. But the Sub-Divisional Livestock Officer, namely the accused-appellant delayed in making selection on various pretexts, causing loss to Keramat AM and his partner Sultan Mia, P.W. 13. Ultimately at noon of 31.12.70 the appellant asked Keramat Ali to see h...... They used to select the plough cattle at Jessore and after giving numbers on them the seller was asked to deliver the cattle at the camp at Daulatpur, Khulna to the officer-in-charge of the camp and payment was to be made when the officer-in-charge of the camp acknowledged receipt of the cattle. ......nt after making entries in the relevant papers paid Keramat Ali Tk. 6115/00 which was short by Tk. 20107-, which was deducted by the accused as illegal gratification and Tk. 107- on account of a loan advanced earlier to Keramat Ali. The appellant, however, obtained a receipt from Keramat Ali fo..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....al Revision No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Co......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....le 5(1) (a) of the Emergency Powers Rules has been served upon the detenu. This order is under challenge in this Writ Petition. 3. Detenu Khalequzzaman, it is stated in the petition, took active part in the iteration war. He was the President of JSD, Chandpur, Comilla. In 1973 he contested in t......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Akbor Ali—For the State. Criminal Revision No.327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Di......was further alleged that the petitioners on 16-6-76 took Tk. 15,000/-and again on 20-6-76 took Tk 3,000/-with the promise that they would deliver the goods shortly bat on 6-11-77 they denied any such payment. 3. On receipt of the complaint, the learned Sub-Divisional Magistrate examined the com...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....obinda Chandra Tagore, Advocate‑ For the Petitioner. Not represented- the Respondent. Civil Order No.6052 of 2003. Judgment ABM Khairul Haque J.- The petitioner and the opposite party Nos.7 and 8 filed a suit being Title Suit No.45 of 2000, in the Court of Assistant Judge, Kota......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....sed by the learned Judge of the Nari-O-Shishu Nirjatan Daman Bishesh Adalat (hereinafter referred to as the Adalat) in Family Appeal No.7 of 1997 affirming the judgment and decree dated 19.11.1996 in part passed by the learned Judge of the Family Court, Paikgacha, District, Khulna in Family Suit No.......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
.... Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin Ahmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of the Pe......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......ami, the learned Advocate appearing on behalf of the writ petitioner has taken us through the writ petition and the annexure to the writ petition and submits that the petitioners are guarantor of the loan granted to the borrower Sonargaon Dying process and Finishing Mills Ltd. represented by its Man..Category: Civil Law | Date: | Hits: 37
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ...... liable to pay VAT it can only be charged VAT at the rate of 4.5%. Further Respondent No.4 under section 14(1) of the VAT Act issued SRO No.131 dated 8-6-2006 exempting the petitioner industry from payment of VAT and under the said SRO the petitioner is not liable to pay VAT since the petitioner's......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... by us in this context. 18. Our considerate view is that the petitioners' case should be sympathetically taken into consideration by the Government. A small Association of the petitioner doing a particular business should be considered favorably by the Government in this regard since they hav......in 1991, the indenting service was included in the 2nd schedule of the VAT Act and thereafter in the SRO No.170-Law/2000/ 269-VAT dated 08.6.2000 under Service Code No.S.014.00 and was subjected to payment of VAT. 4. The petitioner No.1 Bangladesh Indenting Agents Association objected to such i......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
....the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the learned Subordinate Judge, Comilla in a suit for partition.
2. Plaintiffs have alleged that the suit properties belonged to Arman Mir and Jamirudd......nt receipts B series, to prove original tenancy of Arman Mir with respect to the lands of Batwara No.38. Court of Appeal below in this connection observed that by the dakhilas ext. B series showing payment of rents with respect to the entire lands of the khatians, the interest of the co-sharers ...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
....e thereunder in 1997. He also submits that at the behest of a vested quarter an inter-ministerial meeting was held on 30.3.2009 under the chairmanship of the Minister for Communication in which the Department of Environment was requested to withdraw its ban in the collection of stones by excavator m......environment of the concerned area intact.
In the light of the findings made before, we find substance in this Rule.
37. Accordingly, the Rule is made absolute except the portion relating to the payment of compensation subject to the condition that the Ministry of Environment may frame any guid...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....mpugned proceeding is nothing but an abuse of the process of the Court and the Rule is liable to be made absolute. 7. Mr. Abdur Rouf, the learned Deputy Attorney General appearing for the opposite party-State submits that the inherent jurisdiction under section 561A of the Code should not be invo......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....s Case No.51 of 1997 arising out of GR Case No.13 of 1995 corresponding to Kanaighat Police Station Case No.1(3)95 for commission of the offence punishable under section 302 of the Penal Code. 2. Apart from the death reference, the condemned prisoner Moinuddin also preferred Jail Appeal No.361 ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....03 respectively passed by the learned Senior Assistant Judge, Begumganj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instituted the suit against the defendant for declaration that his remov......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....rs were issued by the respondent No.4 in favour of the petitioner on 20-3-1986 and 25-10-1989 respectively. The petitioner thereupon started the execution of work and received running bill except a part of running Account bill No.5 for construction of remaining work of ICE and Denting Shop. The Su......for his illegal and arbitrary action, but no steps were taken by the respondent No.2. Then the petitioner wrote a letter to respondent No.2 on 11-5-1997 requesting him to the make arrangement for payment of their dues for the contract work upon forgiving past misunderstanding between the parti......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ent: Sharif Uddin Chaklader J Sheikh Abdul Awal J Mark Parco, Managing Director APL (Bangladesh) Pvt. Ltd. and others…………….Petitioners Vs. 1. The State……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agrabad Com Area, Chittagong, Represented by its Chief ......s been alleged that cargo may be delivered after surrendering documents and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd. and the Bank will endorse it only after receiving payment on behalf of the complainant. It has been alleged that accused persons took away all the gar......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..Category: Criminal Law | Date: | Hits: 114
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....ccused Manjur struck the deceased by lathi. Accused Dabir Fakir pressed him by knee. Sustaining such injuries the deceased became unconscious. On their alarm locals came to the spot and the accused departed from the scene. The deceased was admitted to Mollarhat hospital, wherein on 06-10-1990 he suc......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
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