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Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ial Court allowed such custody for ten days. The same was reversed in appeal by the impugned order. Hence the Rule. 4. The learned Counsel appearing for petitioner submits that by exercising power under Section 16A of the Family Court Ordinance, 1985 (briefly as Ordinance), Family Court is ......positeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instanc......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......f the goods pledged remained with the debtor with the obligation as per contract. Under hypothecation a creditor has a right over the goods belonging to the debtor and such right gives the creditor a power to cause the thing to be sold to recover his dues out of the proceeds. It is also an act of pl....................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Result:
The appeal is allowed.
Cases referred to-
Sahera Bibi and others Vs. Abdul Motaleb and others, 17 DLR 373; Habibullah and others Vs. A ......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......পাদন করিবেন।”
When translated into English the gist of the section will be as follows:
Section 21(1): “The VAT authority appointed under section 20 shall exercise all powers and shall perform the duties as are conferred and imposed on him by the Act and he shall be e......dul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ...... no action was taken. The petitioners, therefore, obtained this Rule Nisi from this Court. Mr. Md. Abdus Samad Kamal, learned Assistant Attorney General appearing on behalf of respondent No. 1, filed power. He, however, did not file any affidavit-in-opposition controverting the statements made in th......a Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is made absolute. Case referred to- Kazi Kamal Vs. RAJUK and another, 44 DLR (AD) 291. Lawyers Involved: Md. Idrisur Rahman......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......nce before the Statutory Arbitrator. Nor he had any grievance that the acquisition was not for a public purpose. 14. Close reading of the Ordinance makes it clear that section 7 of the Ordinance Empowers the Deputy Commissioner to make an award of the compensation for the property acquired and/or......n) Present: Md. Abdur Rashid J S Rahman Miah J Animal Protection Society Chittagong ………Appellant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advo......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ent to take cognizance of such an offence except on the complaint in writing of the Court concerned or some other Court to which it is subordinate. This provision thus puts restriction on the general power conferred upon all Courts of the Magistrate by section 190 of the Code of Criminal Procedure t......d others ....................Accused Petitioners Vs. Md Nurul Islam .......................Opposite Parties Judgment March 1, 2004. Result: The Rule is discharged. Cases referred to- Zakir Hossain and other Vs. State and another, 43 DLR (AD) 102; Mahir Molla and others Vs. St......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......der section 43 of the Act. 29. In order to appreciate the conflicting submissions of the learned Advocates on the issue, I must first refer to section 43 of the Act. 30. Section 43 of the Act empowers the Court to rectify the register if the name of any person is entered in or omitted from the..................................Petitioner Vs. CA Hamid and Co. Ltd. and others.............Respondents Judgment February 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publicatio......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......es incurred by him out of the funds in the conduct of the Society's business and no legal proceedings either civil or criminal shall lie against him in respect of anything done in accordance with the powers conferred on him by Rule 55 of the Co‑operation Societies Rules, 1987. These Rules were fra......Code. 3. Mr. Md. Ozair Farook, learned Advocate, appearing on behalf of the petitioner, submits, that the learned Magistrate has acted illegally in framing charge against the petitioner in failing to consider that the initiation of the proceedings for misappropriation of the bank's fund at the in...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....is farther contended that whenever the demand was made by the petitioner for payment of the arrear dues the respondent No.1 though admitted the liability refused to pay the same on grounds of extreme financial hardship and assured the petitioner that he would be paid in a matter of weeks and months.......d party creditor of the Association on account of the non‑payment of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. M...............Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacharja, ILR 36 Ca......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
....Service upon retirement, is entitled to net pension for life after surrender of half of their gross pensions but applies only if they are not re‑appointed after their normal retirement, that excess financial benefit if received by any self-drawing officer on account of pay or allowance, pension be......the pension benefits accrued to them earlier or should be kept in abeyance under sub‑section 2 of section 20 of the Ordinance No. XX of 1982.
16. In this connection, it should be noted that all powers in the Republic belong to the people and Article 11 of the Constitution guarantees that the R......cial Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Chowdhury J
Chief Election Commissioner and 3 others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Res......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......orage Ltd., is a private limited company and they have cold storage at Daulatpur, Khulna. The respondents were supplying electricity to the Daulatpur Ice and Cold Storage Limited by installing a high power transformer at the premises of the cold storage and since then the respondents were submitting......Case is also Reported in: 57 DLR (2005) 109.
......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
..
Category: Others | Date: | Hits: 135
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......o order dated 10-4-2010 the respondent No.2 directed the petitioner-company to deposit the amount in question. This abrupt decision of the respondents in manifestly unjust and unbridled exercise of power on the part of the authority and had certainly indulged in excesses.
24. Fortified with all...... 61.
......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... absolute but only subject to certain restrictions on her right to alienation, and subject to devolving of the estate upon the next heir of the last full owner upon her death. The restrictions of her power of alienation are however inseparable from her estate. 20. Alienation of the estate by her ......s.....................Petitioners Vs. Krishnapada Biswas & others.......................Opposite Parties Judgment June 19, 2002. Result: The Rule is discharged. Case Referred to- Lala Brij Lai Vs. Musammat Inda Kunwar, (1914) 23 Indian Cases 715; Mohammad Nuh Vs. Brij Beh......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
.... 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.
...... he submitted that invoking of the constitutional jurisdiction under article 102 of the Constitution couldn’t be entertained and permitted.
17. Secondly, he submitted that the Government being empowered under section 25 A of the Act made the PSI Order. Any liability to be incurred by a PSI Agen......diction)
Present:
Md. Abdur Rashid J
Siddiqur Rahman Miah J
Intertek Testing Service (BD) Ltd. and another..........................Petitioners
Vs.
President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents
Judgment
May 20, 2003.
...... 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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......tion of rape. Mazeda clearly stated in her evidence that she put up strong resistance to the accused and struggled all the while. We find no evidence on record to find that the accused completely overpowered her by physical assaults or instant threat of life to neutralize her power of resistance aga......dhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....er company, Padma Oil Co. Ltd., is a Public Ltd. Company having their Head Office at Chittagong and the shares of the said Company were held by Bangladesh Petroleum Corporation, as well as by several financial institutions, public institutions and individuals of the public and that the petitioner ...... held as follows: "The setting up of a statutory corporation, amongst others under the Order (President's Order 17 of 1972) in the name of Bangladesh Jute Mills Corporation having some controlling power over the nationalised company, did not destroy the corporate character of the company. That be..................................Petitioner Vs. SM Nurul Islam and ors ...... ................Opposite Parties Judgment May 21, 2002. Result: The Rule is made absolute. Cases Referred to- New Dhaka Industries Ltd Vs. Ouamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mill...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......or attempt to compel) the employer to sign a memorandum of settlement by using intimidation, coercion, pressure, threat, confinement to a place, physical injury, disconnection of telephone, water and power facilities and such other methods; (e) compel or attempt to compel any workman to pay, or r....... Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is made absolute. Cases referred to- Secretary, EPIDC Vs. Serajul Huq, 25 DLR (SC) 80; Khulna Newsprint Mills Ltd Vs. Khulna Newsp...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332....... well as deposition categorically stated that he never mortgaged his property as security of the Bank guarantee in favour of the defendant Nos. 1 and 2 by executing any mortgage deed accompanied with power of attorney and at the trial finger print specialist of CID Mrs. Setara Begum was examined as ......or Alam …………………Appellant Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, ......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....CC in the sense that the will be governed by BFCC rules and service regulations and that Biman service facilities and benefits will not be admissible to them. 3. Under the administrative and financial policy formulated by BFCC Board, BFCC Management has been recruiting employees since 199......such contractual appointments of the petitioners are against the provisions of the Bangladesh Biman Corporation Ordinance of 1977. The impugned Organization Order No.13 of 1989 is ultra vires the power of the Director (Administration) of Biman Corporation. BFCC being a permanent set up within ....................Petitioners Vs. Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The Rule is discharged. Cases Referred to- Bangladesh Biman Vs. Rabia Bashri Irene, 55 DLR (AD)132; Sheikh Abdus Sabur Vs. Returning Off...... 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)
....Criminal Procedure made any allegation of misappropriation of any public money for her personal gain or made any allegation that by abusing her official power she had created an opportunity to make financial gain to others or caused any financial loss to the public exchequer. On the other hand, th......ar examined under section 161 of the Code of Criminal Procedure made any allegation of misappropriation of any public money for her personal gain or made any allegation that by abusing her official power she had created an opportunity to make financial gain to others or caused any financial loss t......-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 Quader Chowdhury, 28 DLR ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
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