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Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ...... Cases Referred To- Tata Cellular Vs. Union of India (AIR 1996 SC 11); Delhi Bar Association Vs. Union of India 13 S.C.C. (628); A. Satyanarayana Vs. S. Puroshotham (2008 SCC 5 416); M.P. Oil Extraction Vs. State of Madhya Pradesh (1997 7 SCC 592); Ugar Sugar Works Ltd. Vs. Delhi Administration ..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......mit statements of her properties moveable and immoveable including liabilities disclosing sources of her income standing in her own name or in the names of her dependents within 45 days failing which action under section 4(2) of the Act would follow. 3. The impugned notice dated 27-3-94 as above ..Category: Criminal Law | Date: | Hits: 78
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......n application for amendment has been filed out of mistaken view of law. Mr. Khandaker continues to submit that in view of the fact that abatement of the suit precludes fresh suit on the same cause of action and as such, according to him, the learned Assistant Judge committed no illegality in allowin..Category: Property Law | Date: | Hits: 71
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......tation at the back of the assessee without pointing it out to the assessee of the fact of the delay. (b) Whether the Taxes Appellate Tribunal Division Bench-I, Dhaka was justified in upholding the action of the Commissioner of Taxes (Appeal) in construing the receipt of the order by the Authorise..Category: Fiscal/Taxation Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......not entitled to get the benefit of paying interest at 1% less as provided under the NIP 1982. The defendant also claimed that the entire loan has already been repaid by the plaintiff and the transaction has become past and closed. The defendant the plaintiff as fixed in the loan agreement and in..Category: Civil Law | Date: | Hits: 126
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ...... are 35 Nos. in the last 5(five) years (1994-1998) instead of the existing. In this connection, we are hereby enclosing the corrected supply records as per tender terms for your kind reference and action (which is to be replaced in Chapter 6.1 of our Bidding Document instead of the existing). ..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......d to any adjournment for his failing to pay the earlier CP cost but the learned Subordinate Judge granted him rather a gratuitous adjournment, which did not really deserve. We strongly disapprove the action of the learned Subordinate Judge to be too complacent in granting adjournment to a party who ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......his information received from Courts regarding his imprisonment or release in a criminal case vide Rule 178(3). The Speaker or the Secretary of the Parliament Secretariat has no authority to take any action in respect of a Member regarding his seat being vacant or not on the basis of any unofficial ..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ...... hut of his step mother in search of money then why other accused were hired by him. The man who could not make an appeal for want of money, how could he promise to pay so much money. 12. The retraction did not receive proper consideration from the trial Court on the grounds that the retraction ..Category: Criminal Law | Date: | Hits: 41
Category: Property Law | Date: | Hits: 97
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... 205C as the report was relating to an offence exclusively triable by the Court of Session. So, he should have sent the record of the case to the Court of Session, We are further of the view that the action taken by him is not in conformity with the provisions of section 205C and, as such, the order..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......years and since he accepted the offer to purchase the suit property as per valuation determined by Abandoned Authority a right had been created in his favour which could not be taken away by malafide action of defendants. Plaintiff further pleaded that the suit property if sold in auction, the loss ..Category: Property Law | Date: | Hits: 83
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ...... is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that the action of the defendants in disconnecting gas line of the plaintiff and continuance of such disconne..Category: Others | Date: | Hits: 132
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......arged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeking remedy against the impugned order...Category: Fiscal/Taxation Law | Date: | Hits: 84
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......that after dismissal of the suit even on the question of title the application did not deserve consideration otherwise the plaintiff would be allowed to commence fresh litigation on the same cause of action. He took us through the judgment and submitted that learned Subordinate Judge already found t..Category: Property Law | Date: | Hits: 83
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......t were made during the period between 24th March, 1982 and the date of commencement of the Constitution (Seventh Amendment) Act, 1986. The said Act 1986 also ratified all orders made, things done and action and proceedings taken or purported to have been taken or done by the President or CMLA or by ..Category: Criminal Law | Date: | Hits: 52
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... 27. On the above pleadings of the parties, following issues were settled: 1. Whether or not the suit was maintainable in the manner and form as framed; 2. Whether the plaintiffs had cause of action in the suit; 3. Whether the valuation of Other Suit No. 15 of 98 and court fees paid there..Category: Property Law | Date: | Hits: 139
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......tion 302 of the Penal Code. He be set at liberty at once, if not wanted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... above is not applicable in the facts and circumstances of the instant case; rather the case reported in 48 DLR (AD) 20 applies. Therefore, the contention of respondent Nos. 1 and 2 that the cause of action of the petitioner involves the amending clause of exclusivity of the Agreement and that defin..Category: Information Technology Law | Date: | Hits: 321