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Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....ehalf of the respondents that he was maintaining liaison in clandestine manner with his party cadre through the agency of jail warder is not appreciated. Such things could be stopped by resort to the provision of the Prisons Act which sufficiently deals with such contingency. But to say that securit......o. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follo..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ty, or with any dominion over 1 property, dishonestly misappropriates or converts to his" own use that property or dishonestly uses or disposes of that property, in violation or any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....the application for temporary injunction. 2. Being aggrieved, the petitioner sought to move this application under section 115(1) of the Code of Civil Procedure. 3. It appears that the said provision of section 115 of the Code, under went a change, by the Code of Civil Procedure (Third Ame......t Judge, or a decree has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Div..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hear a Family Appeal. Before addressing this legal question, let me have a glance over section 17 of the Family Courts Ordinance, 1985 which reads as follows: "Section 17 Appeal (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment and decree or order of a Family C......hey come and stay with defendant No.1. 10. Mr. Nurul Amin, the learned Advocate appearing on behalf of the plaintiff-opposite parties submits that the plaintiffs are entitled to maintenance as per law and that both the Courts below concurrently held that the plaintiffs are entitled to maintenance..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
.... further submitted that the decree holder after obtaining the preliminary decree dated 11.07.2007, started Artha Rin Zari case No.512 of 2008 and the Artha Rin Adalat No.1 in not giving effect to the provisions of Section 6(5) of the Artha Rin Adalat Ain, 2003 has passed the impugned order dated 18.......isions of Section 6(5) of the Artha Rin Adalat Ain, 2003 has passed the impugned order dated 18.06.2009 and as such the impugned auction notice is liable to be declared to have been published without lawful authority and is of no legal effect. 3. Mr. Mustafa Zaman Islam, the learned D.A.G. has fa..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......e parties contested the Rule by filing a counter affidavit denying the allegations made in the plaint contending that the petitioner being a minor was living with and under the care of his brother-in-law at Gopalganj and represented by a Court Guardian. As the petitioner being a minor was represente..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....e Chairman B.M.S.S. replied to the said notice on 13.09.2009. 5. In the meantime the respondent No.2 through his order dated 24.09.2009 (Annexure-G) most illegally and in flagrant violation of the provision of Section 9 of the Trade Organization ordinance 1961 appointed respondent No.4, the Addit......izations, appointing the respondent No.4, the Additional Deputy Commissioner(Revenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......e consignment. The defendant vide letter dated 30-7-1979 repudiated the claim and stated that they are not liable for the aforesaid short delivery and, as such, the claim is not tenable in the eye of law. As the defendants are not at all willing to settle the claim of the plaintiff and since the los..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....žāĻ°ā§āĻ° āĻāĻŋāĻ¤ā§āĻ¤āĻŋāĻ¤ā§ āĻŽā§āĻ˛ā§āĻ¯ āĻ¸āĻāĻ¯ā§āĻāĻ¨ āĻāĻ° āĻ§āĻžāĻ°ā§āĻ¯ āĻāĻ°āĻŋāĻ¤ā§ āĻĒāĻžāĻ°āĻŋāĻŦā§āĨ¤ (Underlined and emphasis supplied) 21. If we glean these provisions, we find that under one registration certificate different business can be done but the r......smissing the appeal and affirming the order dated 22-1-2007 passed by the Respondent No.2 vide Nathi No.4th VAT 12(35)/Zastat Ltd./CF:COM/06/115 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the issuance of the Rule..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....e are all the evidence adduced by the prosecution. 20. In the instant case, the petitioner Joynal Abedin was convicted under section 19A and 19(f) of the Arms Act, 1878. 21. Now, let us see the provision on section 19A and 19(f) of the Arms Act which runs thus:- "19A. For breaches of sectio......sed Joynal Abedin under section 19(a) and 19(f) read with section 19A of the Arms Act, 1878 and charge was read over and explained to the accused who pleaded not guilty and claimed to be tried as per law. 6. After the closure of recording of evidence, the accused have been examined under section ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... abroad to their foreign principal and the foreign principals consume the service abroad. The indenÂtors receive payments from abroad in foreign curÂrency, which is export within the meaning of the provision of section 3(2) read with section 2(Fa) and 2(La) of the VAT Act and, as such, entitled to......r the signature of respondent No.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to be without lawful authority and are of no legal effect. 2. The petitioner No.1 is Bangladesh Indenting Agent..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....t the suit land where, a cattle market sits once in a week is not a hat within the meaning under section 2 of the East Bengal State Acquisition and Tenancy Act and as such is not acquirable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll h......sional application and obtained this Rule. 3. Mr. Syed Shamsur Rahman, the learÂned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs inasmuch as the order of acquisition of the suit land is w..Category: Property Law | Date: | Hits: 19
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......ed the appeal.
5. Mr. Shehabullah with Mr. Moqbul Ahmed, the learned Advocate appearing on behalf of the defendant-appellants has subÂmitted that the Court of appeal below commitÂted an error of law in affirming the decree of the trial solely on the basis of entries in the C.S. Khatian inasmuch..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....al of a case. 22. Section 10 runs thus:- "Power and procedure of Court of Settlement. 10. Power and procedure of Court of Settlement.- (1) Except as otherwise provided in this Ordinance, the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), shall not apply to a Court of Settl......w cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant writ petition ..Category: Procedural Law | Date: | Hits: 24
....rther submits that the decision taken by memo dated 1.2.2009 under the signature of Respondent No.6 prohibiting use of all kinds of excavators for extraction of stones was made in accordance with the provision of section 12 of the Environment Conservation Act, 1995 and Rules made thereunder in 1997.......cle 102 of the Constitution of the People's Republic of Bangladesh, a Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed in line with the applicable laws and rules as mentioned in the cause title to protect the rivers Piain, Dawki and Dhala flowing ..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......plaintiff-petitioner failed to show that if injunction is not granted that would cause irreparable loss and injury to her and the balance of convenience and inconvenience is in her favour. 10. The law is now well settled that in order to get an injunction the applicant has to show that she has a ..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......iry report the learned Magistrate, 1st Class, Comilla took cognizance under section 448/385/527/506 of the Penal Code and issued process against the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. A..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....bmits that the inherent jurisdiction under section 561A of the Code should not be invoked when some other remedy is available under the Code of Criminal Procedure. He then submits that in view of the provisions of section 265C of the Code which entitles the accused petitioners to seek appropriate re...... Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his father-in-law of Kashipur, Chahutpur, About this incident the informant's brother-in-law Md. Alauddin register..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......and others reported in 49 DLR 456. 8. Mr. JK Paul, the learned Advocate appearing for the petitioner, submits that the trial Court rightly dismissed the suit but the appellate Court below erred in law in decreeing the suit setting aside the Judgment and decree of the trial Court erroneously withÂ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.....2 to rescind the arbitration award given by the sole arbitrator-respondent No.4 since the company is aware about the arbitration award, the proper course of action open to them was to proceed as per provisions of the Arbitration Act 1940 and not by sending letter to the Chairman, Mongla Port Author......uipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and comÂpleted by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders passed as to this Court may seem fit and proper...Category: Alternative Dispute Resolution | Date: | Hits: 96
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