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................Petitioners
Vs.
President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents
Judgment
May 20, 2003.
Result:
The Rules are made absolute.
Case Referred to-
National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195.
La...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......malapur issued a letter dated 22‑5‑2000 asking the petitioner company to show cause within 7 days of receipt thereof as to why legal action would nor be taken under the Order for causing possible loss in revenue for reasons of difference in price and false certification.
6. The petitioner rep..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....ye J Md. Rezaul Hasan J Mehedi Hasan.........................Petitioner Vs. The State.........................Opposite party Judgment June 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate......a bundle of facts which are to be proved before the trial Court by adducing evidence. Accordingly, the learned advocate for the ACC submits that the interference under section 561A of the Code is not called for at this stage, hence he prayed for discharging the rule. We have heard the learned adv...... for tender in respect of the rest of the houses; that the accused No.1 allegedly having approved the price fixed by the Price Evaluation Committee for sale of the said 18 abandoned houses has caused loss to the Government and thus committed an offence under section 5(2) of the said Act of 1947, sec..Category: Administrative Law | Date: | Hits: 173
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....rticle 14 of the Loan Agreement envisages the loan to be secured as hereunder in the form of a Guarantee provided by the Local Partner ("LP"), i.e., the Opposite Party Northern Corporation Limited, also a Bangladeshi entity: "Article 14. Guarantee.- 1. The due repayment of principal, and payme......he Opposite Party of the Borrower's default of the Loan Agreement. Furthermore, directly putting the Opposite Party on notice of the nature of such default, the Petitioner by a letter dated 8.10.2009 called in the Guarantee and made a formal demand of the Opposite Party for payment of the principal ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....in-Charge, Gopalganj, 41 DLR (AD) 30; Md. Ismail Hossain Vs. Government of Bangladesh, 27 DLR (AD) 353; Daily Rated Casual Labour Vs. Union of India, AIR 1987 (SC) 2342; Kerala Hotel and Restaurant Association Vs. State of Kerala, AIR 1990 (SC) 913; Dr. AK Jain Vs. Union of India, 1987 (Supp) SCC 49......7-10-2004 was in relation to the presence of a nail in the food supplied by BFCC to Qatar Airways and the observations made therein vis-a-vis the service conditions of the two sets of employees are uncalled-for, unjustified and unwarranted. 9. In the Supplementary Affidavit-in-Opposition da...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....a..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March 11, 2010. Result: The rule is made absolute. Cases Referred to- State of Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; State Vs. Abdul......e proposal was not matter for consideration at that time, yet for the personal benefit and to create opportunities for the sponsor, the Secretary, Ministry of Energy and Mineral Resource on 28-6-1998 called for the opinion of Petro Bangla. The then Petro Bangla sent the proposal of BAPEX and Reservo......30 (thirteen thouÂsand six hundred thirty) crore 50 (fifty) lakh from three gas fields namely Chhatak, Feni and Kamta by converting those as abandoned and marginal gas fields and thereby caused huge loss to the national exchequer. It has been further alleged in the FIR that the then Prime Minister ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....opy of the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration i......lowed. Now, how the court will be guided has been laid down by the judicial decisions over the years in the subcontinent. 17. “Where there is a vacancy in the office of Mutwalli and the Court is called upon to appoint Mutwalli the Court will ordinarily appoint a member of the founder's family i...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
....3 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnaphuli Paper Mills Limited passed a resolution to change its name from the original name to Karnaphuli Paper Mills Sramik Karmachari Union...... question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisions and provision of law is not called for in disposing of the present application. Those mailers may be considered at the lime of h......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....and submitted that the Labour Court is not a Court subordinate to the High Court within the meaning of section 435 of the Code of Criminal Procedure as such this Rule is liable to be discharged. He also submitted that the learned Labour Court after considering the facts and circumstances of the case......al. (4) All decisions of Labour Court, other than awards referred to in sub-section (3) of this section, and sentences referred to in sub-section (3) of section 36, shall be final and shall not be called in question in any manner by or before any Court or other authority." 12. So, obviously th......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....on Parishad should not be declared to have been made without any lawÂful authority and of no legal effect and why the petiÂtioner should not be declared as Chairman of the said Union Parishad and also the election of Malonchi Union Parishad Polling Centre being illegal and void re-election of that......ner. There is no apparent violation of any rule and furthermore this point also involves a question of fact as to how and in what manner the rules have been violated. 8. In the present case we are called upon to deÂcide a complicated question of disputed fact which can be better settled upon evi......e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... and Flood Control, Government of the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248......h Writ Petition No.1576 of 1994. Judgment AK Badrul Huq J.- The two petitioners of Writ Petition Nos. 998 of 1994 and 1576 of 1994 by two applications under Article 102 of the Constitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District ......pact Assessment, shortly ‘EIA’. ‘EIA’ for ‘CPP’ shows that project will have more positive impact compared to negative one. The only negative impacted environmental issue will be a slight loss of seasonal wet-lands and its habitats. To compensate, the project is implementing a Community ..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....t has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a qualified person to act as Nikah Registrar on purely temporary basis until Nikah Registrar is licensed by the Gov......section 4 of the Act, 1974 is as follows: “4. Nikah Registrars.- For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such area as it may specify: Provided that n......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....e approaching towards the jetty of the Chittagong Port MV Hawai Splendour hit her and caused damage. 9. Simultaneously with the filing of the aforesaid Admiralty Suit No.33 of 1995 the plaintiff also filed an application for the arrest of MV Hawai Splendour as a security for the plaintiff’s cla......nd the signal that the vessel was not under command were duly displayed. At that time the vessel Mauro D'Alesio was found about one mile away, approaching to pick up the pilot. The vessel immediately called MVMauro D'Alesio on the VHF channel reporting that MV Hawai Splendour was not under command a......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Mutaleb and others…………………………………...Opposite Parties Judgment January 18, 1996. Result: The Rules are made absolute. Cases Referred to- Hali Mandal and another Vs. Khirode Bala Debya, 12 DLR 74; Labbu Ra......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......de and unintentional and as such, the memorandum of appeal requires to be amended and the heirs of Abdul Hashim are required to be brought on record, otherwise the petitioner shall suffer irreparable loss and injury. 10. By his Order dated 12‑11‑84 the learned Subordinate Judge rejected the s..Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....h Court Division of the Supreme Court, as Arbitrator and requested the opposite party either to concur in the said appointment of arbitrator or to nominate another arbitrator from their side, if they so desire. That notice was received by the opposite party, but they have not nominated any other Arb......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......he opposite Party in respect of embankment work at Patenga, Chittagong. While the said work was going in full swing a devastating cyclone occurred on 20-4-91 causing serious damage to the project and loss to the petitioner which adversely affected the continuation of the contract works. The petition..Category: Alternative Dispute Resolution | Date: | Hits: 245
....y of Board of Residence and Discipline, Bangladesh Engineering University & others…………..…………………Respondents
Judgment
November 11, 1996.
Result:
The Rule is made absolute.
Case Referred to-
Board of Intermediate and Secondary Education Vs. Rumana Ahmed, 1992...... made a detailed statement before the Board in writing vide Annexure‑III (a). It appears from the said statement that Dr. Mahfuzul Aziz, Associate Professor of Electrical and Electronics Department called him at about 2‑10/2‑11.00 PM just after the commencement of the examination at 2‑00 PM ......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....ed that the proceedings will continue and that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150....... No exception can therefore, be taken. The learned Magistrate had directed that the proceedings will continue and that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) ......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
....1978.
Result:
The appeal is dismissed.
Cases Referred to-
Heyman Vs. Darwins Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A.I.R. 1953 S.C. 182; The Printers (Mysoro) Private Ltd., Vs. Pothan Jeseph, A.I.R. 1960 S.C. 1156.
Lawyers Involved:
Ahmad Sobhan, ...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......m of Tk. 92,000/- and deposited the balance sum. The Plaintiff Respondent put its claim in the Plaint at Tk. 84 and odd lacs including a sum of Tk. 50 lacs, claimed as compensation or damages for the loss suffered by it because of the unlawful acts of Appellants.
On being served with notice of th..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
.... Criminal Appeal No.286 of 1983. Judgment Habibur Rahman Khan J.- The appelÂlant Abu Taleb has been convicted under Section 397 of the Penal Code and sentenced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by the Assistant Sessio......on of the dacoity. He could not also say as to whether he will be in a position 16 identify any of the dacoits, if produced before him afterwards. He only stated that P.W. Fatik told him that dacoits called one Mofazzal at the time of getting down from the bus. In reply to cross examination the said......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....gh Court Division (Rangpur Bench) (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur RahÂman Khan J Sirin Begum, wife of detenu Md. Ofazuddin Dewan, son of Late Samiruddin Dewan of Goshala Bazar (Tumal quarter), Police Station & District Lalmoni......ined in law. The learned Assistant Attorney-General has found himself helpless in explaining away the inherent anomalies and the apparent infirmities in the order of detention. The respondents though called upon, could not place any material for the satisfaction of the Court. 14. Having considere......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....d of limitation and for permanent injunction restraining the defendants Nos.1-4 from filling up the suit water reservoir with earth and/or changing its nature and feature in any manner." There were also prayer for temporary injunction and mandatory injunction made in pursuÂance of the suit. 3. I......howing that a customary easement right may be acquired by virtue of local custom as easement in respect of some propÂerty within the locality in which the custom applies and easement of this sort is called customary easeÂment. The plaintiff according to him claimed not cusÂtomary easement but cus......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
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