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Displaying 1661-1680 of 1984 results.
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... the difficulty of obtaining persons to testify against the accused other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the safe dispensation of justice act with perfect proprie..Category: Criminal Law | Date: | Hits: 44
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......t all consider such vital question of the suit. It is now well settled that if a party is dispossessed from the suit land during the course of the proceeding the Court is not only entitled but also duty bound to restore such party to possession in order to ensure status quo ante. 9. The Hi..Category: Property Law | Date: | Hits: 28
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......antage of section 5 of the Limitation Act must satisfy the Court that it had not been negligent and had been prosecuting its case with due diligence and care. The petitioner is under a strict legal duty to furnish a reasonable explanation and to show sufficient cause for condonation of inordinat..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......e court and under Section 107 of the Code of Civil Procedure had all the powers of the trial court and the appellate court was not only competent to do what the trial court ought to have done but was duty bound to take steps for any offences affecting the administration of justice and chapter XXXV o..Category: Property Law | Date: | Hits: 75
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......ntal rights not only against the Executive, but also against the Legislature. The judicial review with regard to the vires of a law passed by the legislature flows from the Court's constitutional duty to enforce a fundamental right. 38. The word 'form' in Article 38 does not limit the exercis..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......risdiction of the Civil Court had been excluded by necessary implication contained in the relevant Act i.e. Sea Customs Act, 1878. 7. In that case the dispute related to an assessment of Customs duty on some betel nuts imported by the plaintiff-respondents from Java to British India in 1932. ..Category: Election Law | Date: | Hits: 173
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......r in review application. He next submits that the decree holder appellants were not required to file an application for proceeding with the pending Title Execution Case No. 18 of 1980 as it was the duty of the executing Court to proceed with the same suo-moto and the said title Execution case be..Category: Procedural Law | Date: | Hits: 93
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......that no inherent power had survived the passing of the Act." 8. The inherent power has not been conferred upon the Court; it is a power inherent in the Court by virtue of its duty to do justice between the parties before it. Section 151 C.P.C. is not substantive provis..Category: Civil Law | Date: | Hits: 119
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......tion to he findings of the Labour Court based on records that both the respondents performed their duties as single Master in 3 (three) shifts which was proved by the log book as well as the daily duty chart of the respondent Nowab Ali also pointed out that the Finance Ministry 's memo dated 1-1..Category: Employment/Service Law | Date: | Hits: 55
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
.... recommendation made by a high powered committee. The impugned orders have been made and the actions have been taken strictly according to law and the further submission that there being excess of staff in TCB and the writ petitioners services being considered unnecessary, the imp......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
....o consider the submission that the High Court Division had acted beyond its competence in issuing the direction inasmuch as the Rule was not issued in the said terms and the High Court has acted in excess of the jurisdiction vested in it under the writ jurisdiction in creating th...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......operation in the locality where the land situates the land in suit was under water. As the defendants pleaded that at the time of publication of S. A record the land did not alluviated it was their duty to establish the said fact but that was not done. As against the said contention of the d..Category: Property Law | Date: | Hits: 27
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......aged for guarding the area for safety and security and thereafter the eviction interested quarters filed a few eases with the police station and on 15.08.2002 some miscreants attacked the Ansars on duty in T & T colony and tried to snatch away the 303 rifles from them and in order to protect..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ...... Boards of size 8'x4' x 2.5' mm declaring invoice value of those @ USS 2.10 per sheet and there being no fixed tariff value on Hard Boards of the above size, the customs authority assessed customs duty and other levies on the said imported Hard Boards on the basis of the declared invoice value t..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ...... Agricultural Development Bank of Pakistan, the Chairman and the Managing Director was the same person and so was the position under P.O. No. 27 the post of Chairman was created but since no job / duty had been assigned to him, the Managing Director remained the Chief Executive and the Chairman ..Category: Administrative Law | Date: | Hits: 90
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......e High Court Division in the previous writ petition is not an abandoned property and that the property being not an abandoned property the Government as well as the Abandoned Property Authority are duty bound to restore possession of the property of the Corporation which was not legally taken ov..Category: Property Law | Date: | Hits: 38
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......ecovered aforesaid A. Jalil Munshi and injured Fariduddin Munshi with severe injuries and sent them for treatment to Bauphal Hospital where victim A. Jalil was declared to be dead by the Doctor on duty at the Hospital and other injured persons were sent to Barisal Sher-E-Bangla Medical College H..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......cused persons left with threat that if any case is filed the informant would meet the same fate. The informant and one Babu quickly shifted Sentu to Dhaka Medical College Hospital and the doctor on duty declared him dead. Police after investigation submitted charge-sheet on 6.3.2000 against the ..Category: Criminal Law | Date: | Hits: 102
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......ppeal of the State." The learned Judges themselves in the present case considered that it was necessary to fix up as to identity of the actual culprits but they did not discharge the necessary duty and abruptly came to the conclusion that the case is of extreme benefit of doubt and thus die..Category: Criminal Law | Date: | Hits: 129
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ofits (Workers Participation) Act, 1968 and not under section 34 of the Industrial Relations Ordinance. In that view of the matter, both the Labour Court as well as the High Court Division acted in excess of jurisdiction in entertaining the case of respondent workers and making a direction in th......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
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