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Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......turn under rule 17 of Order 5 of the Code made by the process server is merely in the form of a statement without any affidavit in the form of a solemn declaration, the court would be under a legal duty to examine the process server on "oath" as to the proceeding of service and may also make furth..Category: Procedural Law | Date: | Hits: 66
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......ual promotions, he rose to the post of the Furnace-in-charge. While working as such he was suddenly suspended on 27.3.85 by Respondent No.2 upon allegations of misconduct for wilful negligence of duty for not healing the furnace in time. He was also charge-sheeted. There was a domestic enquiry i..Category: Labour and Industrial Law | Date: | Hits: 124
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......, আবার অক্সিজেন দেয় আবার কথা বলে”। So the above evidence, shows that the state of condition of the victim was very serious and so it was the duty of the Court to see whether the victim had the physical capability of making such a dying decla..Category: Criminal Law | Date: | Hits: 33
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......ry decree. The provision of rule 14 of the said order has provided the procedure in details as to how a commissioner who will be appointed to make partition as per preliminary decree will perform his duty, submit his report and how the objection, if any, filed against the commissioner’s report wil..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......rror may be perpetuated and grievous wrong be the result”. It is further stated in page 325 that: “In the absence of constitutional restrictions, a Court generally, has power, and it is its duty to overrule or modify its former decisions which in its opinion are erroneous of wrongful”. ..Category: Property Law | Date: | Hits: 34
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......lal Vs. Stock Exchange, Bombay, AIR 1991 Bom 30 and called upon us to accept DSE as “a statutory public authority” within the meaning of Article 102(5) of the Constitution as it performs a public duty after being registered as Stock Exchange under section 3 of the Securities and Stock Exchange O..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....ch the hand of one Shahed, a helper of BRTC bus was blown off at Shahbagh. The respondent Nos. 3 to 5 called half day hartal throughout the country on 11-5-99. The hartal was observed on that day but excesses were committed by the police. The Daily Star on 12-5-99 published pictures of the police at......s are forced to remain indoors for fear of their life. The petitioner submits that this Court in exercise of its jurisdiction under Article 102 of the Constitution has not only the right but also the duty to protect the citizens and their fundamental right guaranteed to them by the Constitution. The..Category: Constitutional Law | Date: | Hits: 216
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ...... maintainable at the instance of the defendant. I have already held that the Court has inherent power to grant such injunction of mandatory nature in order to maintain the status quo. Further, if the duty of the Court is to see that its order is properly obeyed and neither party alters the character..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ...... Courts including the Supreme Court, to pass any order of temporary or interim injunction or stay against the Government or any Government officer acting or purporting to act in discharge of official duty, etc. and, in doing so, expression used in the Proclamation was in the following terms: ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... godown of the petitioner it was found that 167 bags of fertiliser was lying in the godown against the closing stock of 66 bags in the Register maintained by the petitioner and 101 bags thus found in excess of the stock. This had been done by the petitioner with a mala fide intention to sell the exc......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Category: Fiscal/Taxation Law | Date: | Hits: 63
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... the LTI of Habiba Banu with her admitted signature. The Court of Settlement dis- believed the title deeds of the petitioners on the ground that some of the LTI are highly indistinct and some contain excess ink. For this indistinct and excess ink in the LTI of vendor of the petitioners in the title ...... the title deeds of the petitioners do not tally with each other. This finding of the Court of Settlement is not lawful. Since the original documents have been produced by the petitioners, it was the duty of the Court of Settlement to come to a finding about the genuineness of those documents afte..Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......form any function in connection with the affairs of the Republic or any local authority. It is one of many such mobile phone companies. The company is receiving Value Added Tax (VAT) or supplementary duty not for its own, it is collecting the VAT and taxes for the government according to the law. It..Category: Fiscal/Taxation Law | Date: | Hits: 131
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....er of Taxes to reassess the total income of an assessee if any income chargeable to tax escaped assessment or has been under-assessed or has been assessed at too low a rate or has been the subject of excessive relief or refund under the Ordinance. 15. Clause 34 of sub-section (1) of section 2 def......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......g regard to the contents and dates in the alleged letter and the receipt it can be said that these documents are nothing but fabricated documents. 33. Under the law party alleging fraud is under a duty to prove the same to the satisfaction of the Court on evidence. Mere suggestion proves nothin..Category: Business or Commercial Law | Date: | Hits: 209
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......6‑1996 vide Annexure-F should not be declared to have been issued without lawful authority and as being unconstitutional and why the respondents should not be directed to levy and collect customs duty, VAT and other taxes in respect of the goods imported under L/C No. 1761296122 dated 30‑10-..Category: Fiscal/Taxation Law | Date: | Hits: 56
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......iff when the case was taken up for hearing but for not depositing the costs within time allowed by the court. The power under section 151 of the Code is not a new one, it is inherent by virtue of its duty to do justice between the parties before it and it is within the province of the court to invok..Category: Property Law | Date: | Hits: 36
Category: Property Law | Date: | Hits: 31