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Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......nguishing for more than 360 days with the number of the cases and the period of confinement. Respondents have also furnished other list of total 7409 prisoners. 7. Thus it appears that there is no dispute about the allegation made in the petition about continued custody of the under trial prisone..Category: Criminal Law | Date: | Hits: 45
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......cree for recovery of possession can be made against a tenant so long as the tenant paid rent to the full extent allowable by the Ordinance and performs the condition of the tenancy. 9. There is no dispute that the Miscellaneous Appeal was dismissed on 28-2-1996 while the suit in question was pend..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......Counsels. 10. It is admitted that the plaintiff was a tenant under the defendant No.1 in the suit shop first at a rent of Taka 1,600 and then, finally at Taka 2,000 under defendant No.1. It is not disputed that the plaintiff inducted the defendants No.2 without any intimation to or consent of the..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
.... acceptable if (1) the contemner appreciated that his act was within the mischief of contempt, (2) he regretted it, (3) his regret was sincere, (4) the apology was accompanied by expression of the resolution never to repeat again and (5) the contemner made humble submission to the authority of t......n Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:…………………….. 158. No matter what constitution is agreed on, there will always be disputes as to whether government policies are "Constitutional." Individuals, parties, businesses,..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......g contested by respondent Nos.1 and 2 by filing an affidavit-in-opposition. Petitioner filed affidavit-in-reply to the same and also filed a supplementary affidavit showing the latest position of the disputed land. Writ Petition No.11851 being contested by respondent No.1 by filing an affidavit-in-o..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... any reply to that and the contractor was constrained to make an application under section 8(2) of the Act before the above Court for appointment of arbitrators for the parties for arbitration of the dispute. 3. The employer opposed the application by filing a written objection. It was mainly con..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......s they suffered the defendants are entitled to a decree for US $ 90,440 equivalent to Taka 36,17,600.00. 4. Upon the pleading of the parties the following issues were framed to adjudicate upon the dispute: “i) Is the suit maintainable under the Admiralty Jurisdiction? ii) Has the plaintif..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7.......parency invitation of the fresh bids is neither arbitrary nor malafide nor illegal.
5. On consideration of the materials on record and submissions of the learned Advocates we find that there is no dispute that under the initiative of the Prime Minister, Ministry of Land took up the scheme for con..
Category: Civil Law | Date: | Hits: 92
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......uty Attorney-General on the maintainability of the writ petition, in view of the provision of appeal as provided in rule 42 of the VAT Act, 1991, we are of the view that since the respondents did not dispute the fact that the declaration of price was filed on 11-4-1994 and the same was accepted by t..Category: Fiscal/Taxation Law | Date: | Hits: 91
..... Subrata Das, Assistant Commissioner/Magistrate was directed to enquire and report but strangely enough the enquiry report was removed or lost from the Chairman of the Selection Committee and in the resolution of the Selection Committee name of Abdul Samad Bepari was included in place of plaintiff ......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly.
Ed.
This Case is also Reported in: 53 DLR (2001) 365...
Category: Procedural Law | Date: | Hits: 88
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......Government, and that the learned Single Judge of the High Court Division had failed to consider this aspect of the matter and illegally affirmed the judgments of the Courts below. 6. There is no dispute that Kali Mohon Sen was the original owner of the suit pond. Plaintiff-petitioner claimed th..Category: Property Law | Date: | Hits: 26
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....and 26.1.86 another meeting was held wherein if was resolved to expedite construction of the permanent building of the union parishad at Nandigram village and the parishad issued a copy of the said resolution dated 26.1.2008 to the defendant Nos.1, the upazilla parishad Nabiganj and also the defen...... decision 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: VII ADC (2010) 541...Category: Civil Law | Date: | Hits: 72
.... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280.......in 22 DLR 322 and the case of the Managing Committee NMC Model High School and others VS. Obaidur Rahman Chowdhury and others, reported in 31 DLR (AD) 133 in support of his contentions. There is no dispute to the proposition of law that amendment of pleadings can be allowed at any stage of the pro..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......83 enshrines that any person aggrieved by a decision of Election Tribunal may within thirty (30) days of the decision prefer an appeal to the District Judge within whose jurisdiction the election and dispute was held and the decision of the District Judge in such appeal shall be final. 20. Sectio..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......endant No.1 from time to time but without any response from him, that the last demand was made on 1st Falgoon, 1382 BS in front of Rashid, Momin, Seraj and others and he also asked them to settle the dispute. In cross-examination the witness said that he did not know that the defendant Nos.3 and 4 a..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition are that, the petitioner took some loan from the res..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......r, extend, curtail or otherwise alter the limits of any such Union for which a Nikah Registrar has been licensed to exercise his jurisdiction. The learned Judges further rightly held that there is no dispute that the Government is competent to curtail the jurisdiction of any Union and declare any pa..Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....es Rules, 1987 there is a provision for calling special general meeting but those provisions were not followed and, as such, the removal of the plaintiffs from the managing committee of the Samity by resolution in that general meeting is apparently illegal and the learned Assistant Judge considering......he affairs of the samity. Admittedly, the plaintiffs are not in possession of the office premises so they are not entitled to any order of temporary injunction. It has further been contended that the dispute that arose between the plaintiffs and the defendants are relating to the business or affairs..Category: Administrative Law | Date: | Hits: 146
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......which is engaged in extraction and distribution of gas is an industry. Thus the industrial rate should apply in the instant Case. 15. The DCT disallowed the gratuity being a provision. There is no dispute that the assessee employs mercantile system of accounting. In the Case of an assessee mainta..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......entation made to the Chairman, the plaintiff was constrained to serve a notice upon the defendant on 16-8-1984 under chapter 66 of the contract for appointment of an arbitrator for arbitration of the dispute. He also appointed Mr. SM Shahidullah,an engineer, as an arbitrator from his side. The defen..Category: Civil Law | Date: | Hits: 132
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