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Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......om) Plastic Sachets (Fleaxo pack) printed with the name of Delicia Dairy Foods Limited at the rate of US $ 41 per roll C&F, Chittagong, that after arrival of the goods petitioner submitted import documents in the office of the Customs Authority, Chittagong for assessment of customs duties on the..Category: Fiscal/Taxation Law | Date: | Hits: 189
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....g rent and/or remaining in possesÂsion. All these are very relevant questions to be deÂcided on the basis of evidence on record. But these have not resolved and it has occasioned a total failure of justice. 17. It is, therefore, ordered that the judgment and order passed in Miscellaneous Appeal......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ed by the law Vicarious liability means that one person takes or supplies the place of another so far as liability is concerned. In short, vicarious liability is based on social convenience and rough justice. This is an adequate explanation of the doctrine, subject to the qualification that the mast......R (AD) 127. Learned Advocate further submits that, as regard claim made by the plaintiffs there is no basis for the claim made under head 2, 3 and 5 as these claims are totally without any supporting documents. Learned Advocate on this score relied on the decision of Smt. Kamla Devi Vs. Kishanchand ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....ee was passed against the petitioners ex-parte as they did not appear in the case. Laws says that when after service of summons if any one did not appear to contest the suit then for fare and natural justice, as per provision of rule 19 of Order V CPC the process server is required to be examined in......ng loan. Judgment debtor No.2 on behalf of Judgment debtor No.1 received the said money and expended the same for constructing the building. As per sanction letter, defendant No.2 executed the charge document, and as security, mortgaged the scheduled property. The period for repayment of loan was up..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....ssary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality and risks of such unregulated sand mining, served, by registered post, a notice demanding justice dated 2-11-2005 (Annexure-D) upon the respondents demanding immediate steps to stop illegal ......g 528.789 hectares is located in the mouzas of Puranlaur, Ikratia, Chaliaraghat, Ghagra, Lamashram, Gokulpara, Noyagaon, Rana Para, Kunat, Suhala and Rajai under Sunamganj district. 5. The bidding document dated 2-4-2009 of respondent No.6 for leasing out the Balu mohals of Sunamganj district hav..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....d this Rule. 7. Mr. Dewan A.M.S. Zaman, the learned AdÂvocate for the petitioners, has submitted that the imÂpugned order of the learned Munsif suffers from illeÂgality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts......as it would be in violation of the agreeÂment entered into between the plaintiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to the specifi..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....llate Tribunal. The Appellate Tribunal on consideration of the materials on record has given correct findings and we do not feel that he has comÂmitted any illegality which occasioned any failure of justice calling for our interference by this Court in these cases. Consequently these Rules are disc....... Now coming to the question on merit, it is found that the Appellate Tribunal as a Court of fact has considered the claim of the respective parÂties, the nature of land, the evidence both oral and documentary and the law and has come to an indeÂpendent assessment of fact in this case. The AppelÂ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
.... the suit for a declaration that the order of dismissal made by defenÂdant No.1 is illegal, ultra vires and without jurisdicÂtion and is of no legal effect and is against the prinÂciple of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party c......ourt." 8. In the present case, in paragraphs 7 and 8 of the plaint, it is alleged that the plaintiff was not afÂforded opportunities for cross-examination of the P.Ws. and to examine the relevant documents on the basis of which he was found guilty. Paragraphs 7 and 8 of the plaint runs as follow..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......f an offence after a report under section (1) has been forwardÂed to the Magistrate and whereupon such invesÂtigation, the officer in charge of the police staÂtion obtains further evidence oral or documentary, he shall forward to the Magistrate a further report or reports regarding such eviÂdenc..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....ccused facing trial on capital charge, learned Sessions Judge was if satisfied in holding trial without taking step to arrange their state defence, in as much as condemned prisoners are fugitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence.......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....al Sessions Judge, Noakhali the real culprit namely, Tasir Ahmed was left out and alÂlowed to go scot free. This inaction on the part of the police is not conducive to the proper administraÂtion of justice and this has the effect of shaking conÂfidence of the litigant public in the administration...... drop Tasir Ahmed against whom Nasir Ahmed made serious allegation in a stateÂment before the Magistrate. I do not know whether any Addl. S.P. ordered for further invesÂtigation because there is no document in support of such order. Inspector Serajul Islam, as it apÂpears has allowed the most vet..Category: Criminal Law | Date: | Hits: 117
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......tÂed for the purpose of the suit. They also contended that original owners by executing a Bainapatra in their favour accepted Tk. 8000/- and delivered possesÂsion of the land to them and though no document could be registered yet they continued in possession thereof. The story of possession and d..Category: Property Law | Date: | Hits: 109
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
...., (oppoÂsite party Nos.68-69), subsequent purchasers of the case land from the pre-emptee Narayan Chandra Pal submits that the court of appeal below has commitÂted illegality occasioning failure of justice in putting reliance on the testimonies of P.Ws.1, 2 and 3 discarding the evidence of opposit......deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
.... that no error of law has been committed by the learned District Judge in transferring the appeal to the 1st Court of Additional District Judge for disposal and also thereby no occasion of failure of justice has been caused to either of the parties. The question will not detain us any further. 5.......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
.... restoring the suit on setting aside the order of disÂmissal of the Miscellaneous Case No.47 of 1983 acted without jurisdiction and the order also suffers from an error of law occasioning failure of justice. An order passed by a Court under Order 9, rule 9 C.P.C. is no doubt an appealable order und......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....hat from a clear reading of the impugned order of the court of appeal below it would appear that the court refused the admission of the appeal without assigning any reason, occasionÂing a failure of justice and, therefore, the said order need to be set aside in Revision and the appeal preÂferred b......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....not be sustained. 4. Mr. AQ Rashid Ahmed, the learned Advocate appearing on behalf of the State found difficulty in supporting the order of conviction and sentence. But he submits that for ends of justice the matter may be sent back to the concerned Court for legal disposal of the case on merit. ......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..Category: Criminal Law | Date: | Hits: 98
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......the petitioner denying the material allegations and asserting that application was not maintainable under Order 9, Rule 4 or section 151 of the Code of Civil Procedure. After considering the oral and documentary evidence adduced by the parties Labour Court allowed the case holding that due to illnes..Category: Labour and Industrial Law | Date: | Hits: 177
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ng aggrieved by all these conducts, to the petitioners, the Commissioners elected in the reserved seats, were constrained to issue a notice on 30‑4‑2003, through their learned Advocate, demanding justice, in canceling and or rescinding the circular dated 23‑9Â-2002 (Annexure B) but without an......Constitution but also the Constitution of India and referred to Universal Declaration of Human Rights, 1948, the Convention on the Elimination of All Forms of Discrimination and many other papers and documents. They also brought to our notice the definition of the word discrimination in Article 1 of..Category: Constitutional Law | Date: | Hits: 443
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