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Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......nt No. 1 herein giving him two months time to report to the office; outstanding claim with regard to US $ 12,489.11 or his claim for residence grant etc. shall be settled after his joining the duty and the writ respondents (appellants herein) shall be under legal obligation to refund al..Category: Employment/Service Law | Date: | Hits: 105
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......o the application or else any decree in his favour will be in executable, his employer will not being bound by the decree. The Board of Directors or the Chairman thereof who is entrusted with the duty of administering the Bank can only execute a decree if the Bank is bound by it." ..Category: Administrative Law | Date: | Hits: 124
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......ের বেপারে আমি কিছুই জানিনা। 15. In the case of Safdar Ali Vs. Crown, 5 DLR (PC) 1953 page 64 Per Abdur Rashid C.J.- "In a criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and that..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ustice. Where, however, there is found to be something directed by the judgment of which review is sought which is in conflict with the Constitution or with a law of Pakistan, there it would be the duty, of the Court unhesitatingly to amend "the error." 36. The duty to exercise the power of re..Category: Constitutional Law | Date: | Hits: 149
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... Penal Code on the basis of the evidence on record even without drawing the attention of the accused to the point when examined under section 304 of the Penal Code. In such circumstance, it was the duty of the appellate Court to send back the case on remand for a re-trial of the case on framing o..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......the property in question as per provision of the Ordinance has been listed as the abandoned property and the said list has been published in the Bangladesh Gazette and consequent thereupon it was the duty of the respondent No.1 to dislodge the statutory Presumption as in section 5 (2) of the Ordinan..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......he Supreme Court of Bangladesh, that the respondent Nos. 3-5 deliberately and continuously in violation of the provisions in different Articles of the Constitution and ignoring constitutional duty who were voted by the people and elected for 5 (five) years and took oath of the office as Mem..Category: Constitutional Law | Date: | Hits: 147
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......bsp; Craies on Statute Law, a statute is retrospective "which takes away or impairs any vested right acquired under existing laws, or creates a new obligation, or imposes new duty or attaches a new disability in respect to transactions or considerations a..Category: Others | Date: | Hits: 86
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323....... filing affidavit-in-reply by the writ-petitioner; that the respondent No. 1-writ-petitioner failed to satisfy the Court by filing affidavit regarding the latest position of the trial Court and a duty is cast upon the respondent No. 1-writ-petitioner to file a specific statement in the writ peti..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
.... on record. We have failed to find out any support therefore to maintain the finding of the High Court Division. For the reasons aforesaid the impugned judgment of the High Court Division being in excess of its revisional powers and even not being a proper judgment of reversal is not sustainabl......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..Category: Family Law | Date: | Hits: 180
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......cific Relief Act for not seeking consequential relief. The learned Counsel also submitted that even if the defendants did not raise the question of maintainability of the suit as framed the law casts duty on the Court to examine the question of maintainability of the suit and to give its finding on ..Category: Property Law | Date: | Hits: 45
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....fendant appellant and when they refused the suit for realization of aforesaid amount was filed. 3. The suit was contested by the present appellant alleging that when the plaintiff demanded excess payment the same was not accepted. The present appellant denied the claim of the plaintiff as......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... provided under section 194 of the Customs Act, 1969 is not an equally efficacious remedy under Article 102(2) of our constitution because it stipulated deposit of 50% of the amount of penalty or the duty demanded as condition precedent. Subsequently this view was modified in M/s. Mohammad Brother..Category: Trust/Waqf Law | Date: | Hits: 190
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......t Khulna. In the night following 8-11-81 there was a dacoity in the TCB godown No. 1 whereby 112 cartons of DANO milk food were looted away by miscreants after overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Daulatpur RS. The plaintiff along with othe..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......worshipper other than the Shebayet or members of the family in a proper case may apply to the court for being appointed as the next friend to protect-the interest of the Deity and in such a case a duty is cast upon the court to examine as to whether if such worshipper if so appointed the interes..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......s as follows:- "21.................. in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty. in the service or pay of a local authority or of a corporation, body or authority esta..Category: Criminal Law | Date: | Hits: 40
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......s of parties on the basis of events happening after the starting of the action, is well recognized and accepted as a rule of justice, equity and good conscience. In some cases, it is almost the duty of the court to advert to subsequent events brought to its notice lest it should fail to do s..Category: Property Law | Date: | Hits: 56
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......aw and service Rules and that on the basis of the enquiry report Respondent No. 2 was dismissed with approval from the appropriate authority, that Respondent No. 2 is an officer entrusted with the duty of the administration and managerial nature and hence being not a worker complaint case u..Category: Labour and Industrial Law | Date: | Hits: 79
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....ober 16, 1984 in exercise of powers conferred by section 19 of the Customs Act and section 4(1) of the Sales Tax Act exempted sugar from assessment of customs duty and sales tax leviable thereon in excess of 50% and 10% respectively subject to the fulfillment of the terms and conditions specified......ority to return the Bank guarantee furnished by the writ petitioner, herein the respondent. 2. The writ petition was filed impugning the action of the Customs authority in assessing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanc..Category: Fiscal/Taxation Law | Date: | Hits: 74
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......by their motorcycle and dashed him down. Shahed grappled the convict and Mesbauddin caught hold of him. The convict inflicted dagger blow on the chest of Shahed. People rushed there. Police on mobile duty came. The convict was assaulted and he sustained injury. The victim and the convict were taken ..Category: Criminal Law | Date: | Hits: 47