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Displaying 1381-1400 of 1984 results.
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....ed Advocate appearing for the petitioner drawing my attention to the provisions of section 96 (12) of the Act submitted that as the order of dismissal was made appealable, the Court below on acted in excess of its jurisdiction in entertaining the application under section 151 of the Code. On the oth......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......oor illiterate plaintiff-petitioner though has been in possession of 1.88 acres of land excluding the decretal land .87 acres of land for which he paid separate court fees and have been in possession duty paying rents to the Government and his name was also recorded in RS Khatian is being deprived b..Category: Property Law | Date: | Hits: 34
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......tful, the benefit of doubt must be given to the accused and he should be acquitted of the offence charged. The relevant portion of Safdar Ali's case runs as follows: "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the de..Category: Criminal Law | Date: | Hits: 43
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......od of 1 (one) year and as per term No. 10 of the clearance certificate the petitioner on 3‑5‑2003 filed an application before respondent No. I along with the treasury chalan for renewal which was duty received by him. Before taking the impugned action respondent Nos. 1‑2 did not comply with th..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......s that making the demand pursuant to Annexure D(1) is also illegal and not tenable in law. Dr. Zahir further submits that as per SRO No. 173/Ain/97/1723/ Custom, dated 8‑7Â-1997 the rate of import duty of vessel and other floating structures for breaking up which is covered by HS Code No. 8908 is..Category: Fiscal/Taxation Law | Date: | Hits: 77
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......t Teacher of the said School alleging, inter alia, that he has been a Senior Teacher of Mathematics of Narayanganj High School for a long time and he has been honestly and efficiently discharging his duty all through. It was further contended that defendant No.4, Head-Master in charge of the school,..Category: Employment/Service Law | Date: | Hits: 72
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......lekhal Progressive Fishermen’s Co-operative Society vs. Bangladesh the Appellate Division held that, “It is well settled that in order to entitle a person to ask for the performance of any public duty by mandamus it is necessary to show that he has a legal right for claiming such performance apa..
Category: Fiscal/Taxation Law | Date: | Hits: 108
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......son whose aim would be only to see that the accused persons are convicted. The purpose of a Criminal trial is to investigate the offence and to determine the guilt or innocence of the accused and the duty of a Public Prosecutor is to represent not the police nor an informant but the State, and this ..
Category: Employment/Service Law | Date: | Hits: 108
....gislation like rules is made by the executive authority in exercise of power vested under the parent law then the vires of such subordinate legislation can be questioned on the ground of its being in excess of such power or in conflict with the provisions of the parent law. But there is no scope for......
Judgment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Shah Dairy Products Ltd., calling upon the respondents to show cause as to why imposition of supplementary duty on the import of milk powder by the petitioner as evidenced by Ex-Bond Bills of Entry No.C69121..
Category: Fiscal/Taxation Law | Date: | Hits: 93
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....er and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so......ary to the law being Rule 10(1) of the Bangladesh Civil Service (Age, Qualification and Examination for Direct Recruitment) Rules, 1982. The respondent No. 1 PSC being reposed with the constitutional duty of selecting candidates in the service of the Republic cannot and does not have unfettered and ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......ing the authority that due to illness he was not in a position to join at the new place of posting. The defendant No. 4 by the letter dated 21-5-1990 framed charge against him for gross negligence of duty, insubordination and misconduct asking him to show cause within 7(seven) days as to why discipl..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......tionaries. In that view of the matter since the executive has consÂtituted a "Reconciliation Committee", vide AnneÂxure E, to resolve the dispute of those sick industries it has become an incumbent duty on the part of the financial institution to keep the pending case in abeyance till financial de..Category: Civil Law | Date: | Hits: 133
Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......above vehicles for home consumption and after physical examination the said vehicles were found to be consistent with the declaration but even then the Customs authority without assessing the customs duty and other charges on the imported vehicles on the basis of invoice/C & F value, assessed th..Category: Fiscal/Taxation Law | Date: | Hits: 64
....¦¨à¦•à¦¾à¦°à§€à¦•à§‡ লিখিতà¦à¦¾à¦¬à§‡ অবহিত করিবে৷
10. That being the case, this Court is of the view that it would not indeed, be overreaching itself or acting in excess of its authority to probe into the nature and scope of the respondent's statutory duty in a w......behalf of the petitioner. This Court notes that no Affidavit-in-Opposition has been filed in this case.
9. This Court has at the outset taken note that the crux of this case has to do with the duty to exercise discretion as is implicit in the grant of power earlier under the Nitimala and now ..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......resulting in an error in the decision occasioning a failure of justice. Mr. Garib Newaz next submits that as per proviso to sub-section (3) of section 24 of the Non Agricultural Tenancy Act it is the duty of the court to make an inquiry into the disputed amount of Taka 2,50,000 incurred by the petit..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....iff. According to plaintiff, after taking possession in the suit plot, he found a ditch having 40' depth filled up by garbage, and for the construction of his 18-storied building, he had to expend an excess amount of Taka 80,00,000 for foundation and piling. The defendant disowned such plea. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......ferring to the Indian case of Sheela Barse and another vs The Union of India, AIR (1986) SC 1773 and also the case of Baktiar Hossain (supra) that when an accused claims to be below 16 years of age a duty is cast upon the Court to direct an enquiry to satisfy itself as to whether the accused is a ch..Category: Criminal Law | Date: | Hits: 167
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......ion laid down in section 106 of the Evidence Act. 28. It is well settled that when it is established that the husband and wife were residing in the same house at the relevant time, the husband is duty bound to explain the circumstances, how his wife met her death and in the absence of any explan..Category: Criminal Law | Date: | Hits: 40
....e said examinaÂtion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......short) was made thereunder to vest all powers and responsibility in the National University to conduct all examinations fairly and properly held under it. The university authority is charged with the duty to ensure that no unfair means, illegal acts, misconducts are committed by the examinees, if su..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......iracy of the respondent Mill Authority and some leaders of the union he was dismissed from service on 5-3-1994. Subsequently, he was reinstated on 6-12-1994. Though the petitioner was discharging his duty with sincerity, honesty and devotion the respondent No.2 Mill Authority raised false allegation..Category: Labour and Industrial Law | Date: | Hits: 108
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