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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....eed not necessarily be withdrawn from the domestic forum because the Court has discretion under section 34 of the Arbitration Act or under Article 226 of the Constitution and that the Court is better posted to decide such questions. The arbitration clause 23 is a clause of wide amplitude taking in i......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.......al Chand AIR 1984 (SC) 1326, India Ltd vs. State of MP and others, AIR 1999 (SC) 1630, Ekushey Television, and others vs. Dr. Chowdhury Mahmood Hasan and Others, 54 DLR (AD) 130, Bhikraj Jaipuria vs. Union of India, AIR 1962 (SC) 113, State of West Bengal vs. Messrs BK Mondal and Sons, AIR 1962 (SC)......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...Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......the respondent No. 3, emphatically submits that the notification in question cannot be termed to be discriminatory in nature inasmuch as the classification has been made on a reasonable basis and the members belonging to the same class have been equally treated. Therefore, the exemption granted in r......cretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
Federation of Hotel and Restaurant vs. Union of India and others, AIR 1990 (SC) 1664, Messrs Elahi Cotton Mills and others, appellants vs. ...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....hip being the consequence of voluntary acquisition of foreign citizenship the authority has also to determine that such latter citizenship has been voluntarily acquired. Determination of the question postulates an approach as in a quasi-judicial enquiry, the citizen concerned must be given due notic......sted the Suit and no other defendants including the government contested. 4. The defendant No. 4 filed a written statement. His case is that the plaintiff left this country in 1965 with his family members permanently. But he admits that after the liberation war, the plaintiff returned to this cou......fessor Golam Azam, 46 DLR (AD) 192, Abeda Khatun and another Vs. State of UP and others, AIR 1963 (Allahabad) 260, Md. Ayub Khan Vs. Commissioner of Police, Madras AIR 1965 (SC) 1623, lzhar Ahmed Vs. Union of India AIR 1962 (SC) 1052, Government of the People’s Republic of Bangladesh Vs. Abdul Hoq......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... the certificate shall be a charge upon the immovable property of the certificate debtor, wherever situated, to whom every other charge created subsequently to the service of the said notice shall be postponed.” 23. Notice under section 7 of the PDR Act in OD case No.21 of 1955-56 was served on...... debtors in Income Certificate Case Nos. 3 of 1948-49 and 16 of 1949-50. The suit land measuring 0.27 acres was purchased earlier by the defendant No.2 in his name only. But as he was the eldest male member and karta of the joint Hindu family, consisting of the defendants 3-8 as well, the suit land ......s 12,000.00 was adjusted in the demand of the certificate case Nos. 3 and 16. Naderuzzaman, husband of plaintiff No.2, was karbari for her in the matter of Exhibit 1(a). Naderuzzaman Mia is Chairman, Union Council. He is ill for the last 516 months. 27. This portion of the evidence brought by the......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....pendent and impartial……………………..(14) It was the duty of convict-appellant to follow and find out the position of the case. No duty was cast upon Tribunal to run after a fugitive to post him with day-to-day proceeding against him. . . It is well settled that knowledge of learned Ad......Arms case generally Police personnels stand in witness box. This reality cannot be overlooked. Testimonies of police witnesses cannot be rejected on the ground that they are police witnesses and were members of the raiding party. . . The Court as a rule of prudence and caution and in order to exclud......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....ry took up the investigation of the case and visited the place of occurrence. Sub-inspector Md. Shamsul Alam Fakir held inquest on the dead body of Azhar and forwarded the dead body to the morgue for post-mortem examination. Inspector Md. Jahurul Islam Chowdhury prepared sketch map of the place of o...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
.... the pre-shipment inspection report did not reflect that position, the apprehension that the cargo was bad and unfit for human consumption could have been removed by the Ministry of Food by obtaining post-landing Inspection report by taking delivery of the cargo as per clause-11 of the contract and ......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....ts in this case under sections 302/34 of the Penal Code are not sustainable in law. It is further submitted that in the inquest report only one injury was found at the back of the deceased but in the post mortem report the doctor who held post mortem examination over the dead body of the deceased fo......of his son. He also stated that the accused persons were not known to him from before. He also stated that condemned prisoner was under treatment in the 3rd floor of Hospital building. He could not remember the bed number of the patient. 15. P.W.4 Kazi Jasimuddin is an eye-witness the occurrence ......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......ouza boundary were taken into consideration. The petitioner No.1 is a Commissioner, petitioner No.4 is a contractor and the petitioner No.6 is the Chairman of the Choumuhani Pourashava and they being members of the same family hail from the village Nazirpur and they had served several meetings with ......follows: The petitioner No.6 is the sitting elected Pourashava Chairman and the petitioner Nos. 2 and 3 are also sitting elected Commissioners of the said Pourashava. Petitioner No.4 is also a former Union Parishad Member. The respondent No.1, is the Secretary and the respondent No.2, 3 and 4 are th......s: The petitioner No.6 is the sitting elected Pourashava Chairman and the petitioner Nos. 2 and 3 are also sitting elected Commissioners of the said Pourashava. Petitioner No.4 is also a former Union Parishad Member. The respondent No.1, is the Secretary and the respondent No.2, 3 and 4 are the conc..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ...... the height of the buildings and structures around the airfield. The survey is being conducted jointly by RAJUK, the Civil Aviation Authority and Bangladesh Air Force”, and at para 19, “A five-member committee would be formed with the representatives of RAJUK, Civil Aviation Authority of Bang......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....d the statement in the language in which the victim was talking. He transcribed the words of victim in his own language. 8. PW 3 Dr Md. Azizur Rahman Chowdhury testified that at the present he was posted in the Brahmanbaria Hospital as a Medical Officer. On 25‑1‑1998 he was posted as Medical ......ately, she died of deep burns. They claimed to be innocent. 3. PW 1 Aksir M Chowdhury testified that he was the Secretary of National Legal Aid Organisation at Brahmanbaria. He was an Advocate and member of Comilla District Bar. On 24‑1‑1998 he for the first time came to know about the incide......failed to answer properly in their reply to the questions as to why they did not take initiative. Then, they went to the house of father of the victim Hazera at village 'Dattapara' under 'Kalikachha' Union and found Hazera lying in a thatched hut. Whole body of the victim from neck to abdomen looked......se of the accused. Reaching the house of her husband she heard wife of Babul died by burns by catching fire in her clothes. 18. PW 9 Rokeya Begum was an elected female member of 'Kalikaccha' Union Parishad. She testified that on 2‑2‑1998 at about 2‑00 PM Magistrate Shahadat Hossain recorded..Category: Criminal Law | Date: | Hits: 49
....ly of the samity. The said samity thereafter started functioning under the leadership of the review petitioners. Meanwhile, some disgruntled members of the said samity having failed to secure desired posts and position in the samity broke away from it and formed another parallel rival samity on 25......e elected as the President and General Secretary respectively of the samity. The said samity thereafter started functioning under the leadership of the review petitioners. Meanwhile, some disgruntled members of the said samity having failed to secure desired posts and position in the samity broke aw...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......red creditor and the debotor, as a corollary of which, a fresh and independent, not a re‑charged, limitation period also makes a maiden debut alongside the new contract. It has nonetheless, to be remembered that, as Dhaka High Court stated in Tripura Modern Bank Vs. Elahi Baksh and others (18 DLR ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... police came to Muladi Health Complex and held inquest at 9‑00 AM on 12‑12‑92 on the dead body of deceased Saha Alam being identified by informant Nazrul Islam. Dead body was sent to morgue for post‑mortem examination and report. 3. During investigation police seized alamats by seizure li...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......s directed to fill up the land and raise structures of their own. Accordingly, respondent No. 3 requiring body, filled up the land and raised structures thereon at their own cost and expenses for the member hawkers. Whatever structures raised thereon in the shape of shop rooms belonged to the opposi......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....s and employees of the Durduria Madinatul Ulum Dakhil Madrasha under PS Lalpur in the District of Natore. Petitioner No.1 was appointed as Superintendent of the Madrasha on 25-11-97 and he joined his post on 26-11-97. Petitioner No.2 was appointed as Assistant Teacher on 10-10-97 and he joined on 20......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......03.10.2007 one Syed Ahmed, Assistant Director, Anti-Corruption Commission lodged an F.I.R. with Ramna Model Police Station alleging, inter alia, that the accused petitioner, Habibur Rahman Mollah, Ex-member of Parliament, having been served with a notice under Memo No. Dudak/103-2007(Anu-2)/3152 dat......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ..Category: Anti-Corruption Laws | Date: | Hits: 120
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......etropolitan Magistrate, Noakhali. 2. The facts involved in the case, in short, are that the complainant-petitioner was appointed on 01.05.1974 as the Marriage and Divorce Registrar of 4 Badal Coat Union under Chatkhil Police Station by the appropriate authority and since then he has been discharg...... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....No.135/98 and 167/98 respectively. The aforementioned imported goods reached on 23.04.1998 and 25.05.1998 respectively, the office of witness No.6 Superintendent of Customs, Sona-Mosjid Customs Check post, police station Shibgonj, Nowabgonj. The complainant Bank on receipt of shipping documents info......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ..Category: Criminal Law | Date: | Hits: 55
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....s, 2007. It has not in any way created a new offence or increased penal liability retrospectively. Article 35(1) of the Constitution envisages the prohibition on conviction or sentence under an “ex post facto law” not trial of the offence alleged to have been committed or the procedure to be fol......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
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