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....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......h are as follows: Dispute related to an assessment of customs duty on some betel nuts imported by the plaintiff-respondents from Java to British India in 1932. Section 182 of the Sea Customs Act gave power to Customs Officers "to confiscate, to increase the rate of duty or to penalise" in respect of......a Market Baboshahi BahuÂmukhi Samabaya Samity Limited..............................................Opposite Party
Judgment
July 6, 2000.
Result:
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....7 as per noted schedule. Bids were submitted by 8 parties under a two envelope system comprising of the Technical and Financial Officers, it being a material condition of the Tender Document that the financial offer of only the technically qualified bidders would be opened at a later stage. The peti......o property, trade, etc. He has cited a decision as reported in AIR 1996 SC 11 Tata Callular Vs. Union of India, in which requirements of tender, principle of judicial review applicable to contractual power exercisable by government were discussed and was held that terms of the invitation to tender c..............................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: The Rule is discharged. Cases Referred to- AIR 1996 SC 11 Tata Callular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. C......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...Category: Others | Date: | Hits: 174
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......zed the goods on 24-1-2007 whereas preÂpared the seizure list on 31-7-2007 without followÂing the provision of any law and, as such, the impugned seizure is not a seizure which is clear misÂuse of power of the executive authority which canÂnot be sustained in the eye of law and should be declare......ent August 10, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Hossain, Advocates - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondents. Writ Petition No. 8954 of 2007. Judgment SM Emdadul H...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ...... Code of Civil Procedure is not amenable to writ jurisdiction and the same can, in an appropriate case, be dealt with by a civil Court". It has further been held that "the order passed in exercise of power under the Code of Civil Procedure cannot be chalÂlenged under Article 102(2) of the Constitut......¦â€¦â€¦â€¦â€¦Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......e investigation. In support of his contention he cited the case of Bangladesh Vs. Tan Kheng Hock reported in 31 DLR (AD) 69. In that case it was held that there is no provision in the Code conferring power upon the High Court to interfere in a case at investigation stage. High Court's power of super......r Vs. State………………………………………………………………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (A......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......as the Act) has no guidelines for its appreciation and violates the principles of Natural Justice; the authority has issued the impugned order compulsorily retiring the petitioner by exercising their power under the said statute in a capricious and discriminatory manner which is a clear case of "fra......ury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The Rule is made absolute. Cases Referred to- Mamun-ur-Rashid Vs. the Government of Bangladesh, 57 DLR 100; Bangladesh Biman Corporation Vs......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......revealed by the Local Audit Agency during their audit. The law does not provide that the respondent VAT authority can issue any demand notice on the request of the audit team but it is their absolute power in case of any discrepÂancy found, it may initiate proceeding under section 55 of the VAT Act...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Sekandar Spinning Mills Ltd………………Petitioner Vs. Commissioner, Customs Excise and VAT and others………………Respondent Judgment February 9, 2011. Resul......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......ot be separated without causing prejudice to either party, then the whole action may be declared null and void. 21. It is to be borne in mind that the Court of Settlement is not vested with the power to determine the status of a citizen. All that he is empowered under the provisions of Ord. 54...... Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......trial Court and without hearing the appeal on merit and allowing the application and passing of the impugned order, on the face of it, it appears the Appellate Court has made a futile exercise of the power, inasmuch as, the plaint itself is not in existence and thereby, as it appears the impugned or......Respondents-Petitioners Vs. Abdul Hamid……………………….Plaintiff-Appellant-Opposite Parties Judgment August 4, 2009. Result: The Rule is made absolute. Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41 DLR 168; Md. Badruddin Moral Vs......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ....... The new law was introduced to try ‘any person’ who has amassed property disproportionate to his known sources of income by improper means. It cannot be conceived of that the Legislature will be powerless where there is no question of violation of the fundamental rights in enacting a law for ta......e J Md. Hamidul Haque J Abdul Kabir………………Appellant Vs. State………………Respondent Judgment April 1, 1998. Result: The Rule is discharged. Cases Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafi......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......rovisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the Court to make such order as may be necessary to give effect to any order under this Cod....... This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..Category: Criminal Law | Date: | Hits: 112
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......stance and we opposite-parties, opposes this Rule stating that this hold that this application is maintainable inasmuch as in a case like this the High Court Division should not exercise its inherent power under section 561A of the Code of Criminal Procedure. He further submits that it is upto the t......isdiction) Present: Md. Mozammel Hoque J Md. Awlad Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, A......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......cedure under Order 37 came up for decision in the case of Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) Karachi 445. The learned Single Judge did not accept the contention that the powers conferred under Order XXXVII on a Court are in the nature of special jurisdiction or the Cour...... J Ansarul Hoque…………………Plaintiff Vs. Agrani Bank…………………Defendant Judgment December 10, 1997. Result: The applications are disposed of with a direction to return the plaints. Cases Referred to- Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, P...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......uires adjudication on facts and on evidence. The other one is in the case of Shamsunnahar Salam Vs. Md. Wahidur Rahman 51 DLR (AD) 232 wherein their Lordships have held that however extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evide......reme Court High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 201......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....titioner came to learn that in pursuance of notice at Annexure-C to the petition dated 5-3-1988 the respondent Nos. 3-8 are trying to hold fresh auction of the said shrimp cultivation project causing financial loss and prejudice to the petitioner. The petitioner further stated that he has invested a......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal of the Dispute Case No.10 of......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......h Constitution has recommended this in Article 125(b). This Article read with Articles 62 and 67 of the Representation of the People Order of 1972 (President’s Order 155 of 1972) gives the Tribunal power in an election dispute to declare the election of the returned candidate to be void, the petit......Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is discharged. Cases Referred to- Abu Ala Maudoodi Vs. Misbahul Islam Faruqul, 17 DLR (SC) 209; AIR 1921 (PC) 240; AIR 1955 (SC......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......tivated trespassers and when the property subjected to the trust is in imminent danger of being destroyed and wasted and trespassed and adversely possessed, the Court in exercise of its extraordinary power could allow what is necessary for the purpose of preserving the trust property. The learned Ad......ed in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... hold that the present writ petition is maintainable and the contention of Mr. Korban Ali fails.
6. Let us proceed to consider the other contentions raised at the Bar. Section 8 of the Ordinance empowers the Registrar to register a Trade Union on his satisfaction that the Trade Union has complied......as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines LimÂited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......is no grievance for alleged inability to pay loan from the loan giving agencies, namely, BSRS and ICB. The lawyers of the aforesaid two loan giving agencies have appeared in this proceeding by filing powers, But they have not filed any application alleging that the company is unable to pay its debt.......ross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17, 1990. Result: The application is dismissed. Cases Referred to- Mahmudur Rahman Vs. Monipur Tea Company Ltd., 28 DLR 133; ACK Krishpaswami Vs. M/s Stressed C......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ...... 102 of the Constitution. 12. He continued by submitting that there is an apparent distinction between clause (1) and (ii) of Article 102 of the Constitution. Clauses (ii) lays down a limit to the power of the Court to issue any writ in the nature of Certiorari if any other equally efficacious re......t, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23, 1998. Result: The Rule is discharged. Cases Referred to- L Chandra Kumar Vs. Union of India, AIR 1997 (SC) 1125; Sampath Kunzar Vs. Union of India, AI......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
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