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Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....7 DLR (AD) 31 in the case of Ananda Builders Ltd. vs. Bangladesh Inland Water Transport Authority and others, he strenuously argues that contract does not become a statutory contract simply because a public functionary entered into the contract, unless a statute stipulates terms which have been inco......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....plated under section 7 of the PO 16 of 1972 and sections 4 and 5 of the Ordinance No. 54 of 1985 was served upon the petitioner requiring her to surrender possession of the property and, as such, the publication of the said property in the list of the Abandoned Buildings is illegal and the Court of ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....y subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited company 100% shares of which are owned by the Government of Bangladesh, published a......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....13. The expressions "either generally or in respect of any one or more offences" used in this section, according to us, is very significant. Though the section does not circumscribe the powers of the public prosecutor, the essential consideration which is implicit to accord consent is that it should......vs. State of Karnataka, AIR 2001 SC 116, the public prosecutor filed an application for withdrawal from the prosecution the charges under TADA Act on the grounds, inter alia, "in order to restore the peace and normalcy in the border area and among the people in the border area and to maintain peace ..Category: Criminal Law | Date: | Hits: 43
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ...... constructing houses and shops and the second party is trying to take forcible possession of the said property of the first party. In such circumstances there is a serious apprehension of breach of peace and a proceeding need be drawn. On the aforesaid application, the learned Upazila Magistrate b..Category: Criminal Law | Date: | Hits: 32
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....st and other costs and reserve the right to move the highest authorities, national and or International in order to realise their lawful dues from the Bank. 32. Those declaration before the Notary public it appears were not produced before the court below before and there was no mention in their ......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
....11-2000 is not tenable in law inasmuch as it has been passed in gross violation of the terms of the contract and to the great prejudice of the defendant company causing serious loss of revenue to the public exchequer. Subsequently, the learned lower Court failed to consider that for making unlawful ......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....according sanction shows that the sanction was mechanically accorded without referring to the facts. 6. Section 6(5) of the Criminal Law Amendment Act, 1958 makes it a condition precedent that the public servant cannot be prosecuted or proceeded against without sanction from the Government for an......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
.... the land described in the notice and hence the question of handing over possession does not arise.
12. It is stated that no notice of requisition was served upon the petitioners nor was there any public notice given at convenient places or near the property and that being so there was no requisi......er under Police Station Kaliakair, District Gazipur originally belonged to Raj Kishore Paul, his brother Joy Kishore Paul and Ray Kishore Paul, Hara Kishore Paul, and Rain Kishore Paul; that while in peaceful possession the aforesaid owners through a kabala dated 7-4-1972 transferred 1.40 acres of l..
Category: Property Law | Date: | Hits: 31
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....by the plaintiff-petitioner discloses prima facie case an order of temporary injunction should be passed to avoid further complication in view of present social condition and the tendency of litigant public to use force to come to possession under the garb of order of status quo. 16. The principl......10-96 an application under Order 39 rule 1 of the Code of Civil Procedure praying for restraining the defendant Nos. 1 to 14 and 29 to 32 by an order of temporary injunction from interfering with the peaceful possession of the plaintiff-school and from transferring the suit land of the 3rd parties. ..Category: Property Law | Date: | Hits: 21
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....and the facts of the instant case are altogether different and distinguishable. We find that the provisions as laid down in the Anti-Corruption Manual are applicable for the offences committed by the public servant and if any private individual commits any forgery the Court of law will initiate proc......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....PW I Md. Amjad Hossain was appointed as an attorney by a power of attorney executed only on 16‑10‑2000 exhibit 1 to depose in the suit on behalf of the plaintiff. It was authenticated by a notary public. Before him one Abdul Hakim was similarly appointed an attorney to do the same job by a power......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....therefrom have been transferred to the Druta Bichar Tribunal, Chittagong and feeling aggrieved thereby the petitioners moved these applications under Article 102 of the Constitution of the People's Republic of Bangladesh. 5. The submissions made by the learned Advocates in support of both the wri......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....perience also demand that the High Court Division (Revisional Court) will have to be a little more scrutinising, even in a case of acquittal, because in the ultimate analysis it is in the interest of public justice and or prevention of miscarriage of justice which prompt the Court of revision to int......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
.... report to that effect. Respondent No. 2 having found that the factory in question was creating pollution and environmental hazard causing injury to the locality took prompt action in the interest of public health by issuing the impugned notice. The respondents also denied the allegation that a land...... the support of an influential person. There was mass production of muri and the factory was running round the clock and the noise of the machines and the people working in the factory disturbing the peace and tranquility of the adjacent areas together with health hazard making the lives of the resi..
Category: Environmental Law | Date: | Hits: 226
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... for a term which may extend to seven years and shall not be less than one year, and shall also be liable to fine." 13. The case of the prosecution was that the appellant was caught by the general public with 326 bottles of Phensidyl in a rickshaw in Panch Dona Bazar but the alleged rickshaw or t...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... account sheet shall not make any difference, as the same has already been included in the total Income computation sheet. 10. It may be pointed out here that in the case of returns submitted by a public limited company or any body corporate established or constituted by or under any law or any o......2-93 to 1997-98 are without lawful authority and 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: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
.... Division
(Special Original Jurisdiction)ar
Present:
Syed Amirul Islam J
AKM Shafiuddin J
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Refe......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
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