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Displaying 1841-1860 of 1984 results.
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......India Ltd and others reported in AIR 1985 (SC), 330 it has been observed "It is indeed a great pity and, we wish we did not have to say it but we are afraid we will be signally failing in our duty if we do not do so, that some courts, of late, appear to have developed an unwarranted tendenc..Category: Banking Law | Date: | Hits: 121
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......nstruction of a statute but sometimes a perusal of the substantive provision does suggest that they are intended to give effect to the object proclaimed in the long title and the Preamble. 33. The duty of the Court is to expound the law as it stands and to leave the remedy (if one to be resolved ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ...... The reason is that the legislature wanted to eliminate such person from holding a public office because such person, who was a defaulter would not be considered suitable for performing the public duty. This was considered in two decisions of this Court in 41 DLR (AD) 68 and 40 DLR (AD) 10. It w..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....f the respondents submitting that all the plots were already allotted to other persons long ago and there was no scope for allotment of any plot to the petitioner and further that there is also no excess land for allotment to the petitioner. The High Court Division, after hearing, made the Rule ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......ed to the respondent and the Collector (Commissioner) of Customs, Zia International Airport was directed to give delivery of 320 tolas of gold seized from the respondent on payment of usual customs duty as per rules within one week from the date of receipt of the copy of the order. By order date..Category: Criminal Law | Date: | Hits: 57
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... 15. In view of the above, we are of the view that the High Court Division really and as a matter of sat over in appeal over the judgment of the appellate authority and made the Rule absolute in excess of its jurisdiction under writ of certiorari and accordingly, the impugned judgment is not ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......The petitioner filed the above writ petition challenging the orders dated 11-1-95 as contained in the Bill of Entry Nos. 3269 and 3270 by which the customs authority directed assessment of customs duty @ 45% on the basis of tariff value on the imported consignment @ US$ 280 per MT treating the c..Category: Business or Commercial Law | Date: | Hits: 88
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…………..(21) The ..Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......tures and LTIs, along with those of his co-sharers, meaning the other purported executants, were obtained in the Court of Assistant Sessions Judge. It must be remembered that the prosecution had a duty to formally prove these documents at the time of trial, but this was not done. This omission, ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......n which is quoted below: 152(1) "administrative unit" means a district or other area designated by law for the purposes of article 59. Further contention of the Respondent was that the State is not duty bound to establish local government in all tiers or levels of administration, that Article 59, ..Category: Constitutional Law | Date: | Hits: 655
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......o a finding that the information or declaration given by the lessee has been made falsely and even though the lessor may receive a secret or open information from any source it has the independent duty to enquire into the allegations received against the lessee and come to an independent finding..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......to be resisted by the pre‑emptee on the ground that by the "Muktipatra" no transfer took place as contemplated under section 96 of the State Acquisition and Tenancy Act, it was the duty of the learned Single Judge of the High Court Division to consider the entire facts and circum..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......terpolation in the Challan Register maintained at Kanaipur Centre, and made observation that so far as the Manager (appellant) is concerned, he had either connived at this purchase or neglected his duty to make independent verification of the questioned jute before he stored it in the godown. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......t the participation of individual accused persons may contribute to the emergence of such doubts which may cover and engulf the whole case. Nevertheless, if as in the instant case, the Court whose duty it is to separate the chaff from the grain, does hold that the convicted persons were certainl..Category: Criminal Law | Date: | Hits: 65
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......ances of the case defendant No. 7 had no implied authority to enter into a contract with a buyer for the sale of salt. If he had received offers from intending buyers quoting prices then it was his duty merely to submit to his principal any offer which may be made to him. No case of implied autho..Category: Business or Commercial Law | Date: | Hits: 99
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......s seeking of mercy have not found a place in the entire consideration. While the anxiety of the High Court Division for the desideratum is appreciated and the dissertation as to performance of public duty in carrying out court's orders is appropriate, even then, it falls to be said that the findings..
Category: Criminal Law | Date: | Hits: 88
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... which the stay order was passed by the learned Judge in Chamber had also been dismissed on 15th February, 1990. The matter should rest now. The petitioner's prayer for compensation for the alleged excess committed in the execution need not also call for any consideration. 18. All the oppo...... Advocate of the petitioner has advised his client to do exactly the same thing. 12. Where there is no justification for doubting the authenticity of an order of the superior Court it is the duty of the subordinate Court to carry out that order and it cannot take up the plea that as the o..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......ocedure, to the High Court Division questioning the legality of the orders of the two Senior Special Judges of Khulna and Bagerhat. A Division Bench of the High Court Division, which was on Circuit duty at that time in Jessore, accepted the Reference by its judgment dated 5 August, 1986 and held ..Category: Criminal Law | Date: | Hits: 118
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..Category: Administrative Law | Date: | Hits: 123
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ...... shops. At that time the appellant ran to the spot and handed over a copy of the status quo order to the Chairman, Awlad Hossain. The latter read the status quo order but shouted that "he was duty bound to obey the order of his Superior Authority, namely the Administrator of the Municipal C..Category: Criminal Law | Date: | Hits: 79
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