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Displaying 1921-1940 of 1984 results.

Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)

.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..

Category: Employment/Service Law | Date: | Hits: 77

Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)

....e declared to have been made without any lawful authority and be of no legal effect. The authorities were directed to refund the amount, if any, realised from any writ-petitioner or petitioners in excess of the rate in force at the time of opening of the letter of credit. 10. The learned A......absolute in the respective writ-petitions filed by the respective respondents herein. 2. The cause of action for the said writ-petitions arose when the Customs authority assessed the customs duty on the imported merchandise of the respective writ-petitioners at the rate as per SRO issued u..

Category: Business or Commercial Law | Date: | Hits: 126

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...

Category: Property Law | Date: | Hits: 80

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

.... that there was no relationship of landlord and tenant with the defendant observed that the learned SCC Judge had acted contrary to the pleading in determining the said two issues which was thus in excess of her jurisdiction. 10. In the plaint it has not been alleged at all that the defen......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..

Category: Property Law | Date: | Hits: 52

Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)

....ousehold where she lives. Taking the overall needs of the appellant into consideration we do not think that the amount given to her by way of past maintenance for herself including that of her son is excessive or extravagant. Rather we find that while she claimed maintenance at the rate of Taka 500....... with the utmost respect we find it difficult to endorse this view as the consensus of ‘opinion as shown from the authorities cited earlier seems to be that the maintenance of a wife is the bounden duty of a husband, irrespective of his minority, illness or imprisonment or the richness of the wife..

Category: Family Law | Date: | Hits: 198

State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)

....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......ity authority. There is no evidence that the goods supplied by Iqbal Hossain are not even worth Taka 9,20,000.00. 35. The learned Additional Attorney-General, however, referred to the charters of duty and other evidence on record to show that the respondent- engineers did not discharge their dut..

Category: Anti-Corruption Laws | Date: | Hits: 92

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

....le 6 of the Premises Rent Control Rules, 1964, it is reasonable to hold that they may be said to form part of the rent as allowable by the Ordinance. Those amounts will be payable even if they are in excess of the standard rent. In our decision as referred to above it was not decided whether the add......relevant clause in the agreement reads: “That the tenant shall occupy the said flat paying therefore unto the Bank a monthly rent of Rs. 100 including hire of 2 AC fans and extra Government duty on electric current without any reduction or abatement to be paid at the bank on or before the..

Category: Tenancy Law | Date: | Hits: 82

Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)

....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......desh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………..

Category: Administrative Law | Date: | Hits: 167

Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)

....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ...... promissory note executed by their father came into existence while the criminal proceedings were pending against their father and therefore its execution was opposed to public policy it is the duty of the plaintiffs to prove that the promissory note was executed under the circumstances stat..

Category: Property Law | Date: | Hits: 72

Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)

....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......after opening a Letter of Credit. He submitted Bill of Entry and Bill of Lading on arrival of the goods at the Port of Chittagong on board the vessel MV Fong Yun. The appraiser assessed the customs duty on the goods at the rate of 100% on the imported value on the ground of under invoicing. The p..

Category: Business or Commercial Law | Date: | Hits: 111

Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)

....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......tropolitan Magistrate for judicial enquiry under section 202 Cr. P. C. . The report of the Metropolitan Magistrate was received by him on 7.5.94. It was stated in the enquiry report that it was the duty of the appellant to bring to the notice of the Managing Dire of the Sangstha any irregularity..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......rovides that a decision given by BOI approving an industrial project shall be deemed to be a decision given by the Government and such decision shall be implemented accordingly. Section 14 makes it a duty of the concerned authorities to implement the decision of BOI within the time-limit specified. ..

Category: Information Technology Law | Date: | Hits: 242

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......mington vs. Director Public Prosecution 1935 AC 462 which runs as follows: "Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt, subject to what I have already said as to t..

Category: Criminal Law | Date: | Hits: 68

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......quot;Now upon a reading of the evidence on record along with the pleadings it is clear to us that the plaintiffs case comes under article 142 of the Limitation Act. Under this article it is the duty of the plaintiff first to prove to the satisfaction of the Court that he was in possession of..

Category: Property Law | Date: | Hits: 59

Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)

....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......p-sister of the accused, the husband of the step sister, the step mother of the accused, a son of the accused who reads in Class VIII and a minor daughter Firoza aged about 10/12 years. It was the duty of the prosecution to examine these natural witnesses who come immediately after the discovery..

Category: Criminal Law | Date: | Hits: 124

Aminul Islam Vs. State, 1972, 1 CLC (HCD)

....ection with the said programme. The appellant passed an order directing payment of Rs 150/ to him from the Works Programme Contingency Fund. The witness stated that the amount of Rs 5976.20 paisa was excess amount received from the Circle Officer (Rev) Sarsha, Monirampur, Keshabpur, Abhoynagar and J......f Works Programme and instead of engaging new staff he carried on the work with the existing staff and acted bonafide and in good faith in paying some allowance to them openly and in normal course of duty. It has already been stated that the words "in violation of the direction of law....to be dispo..

Category: Anti-Corruption Laws | Date: | Hits: 83

AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)

....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......f the body. He instantaneously lost his consciousness and was removed to the Dacca Medical College Hospital by Golam Gaus, the Assistant Yard Master of the Mirpur Depot and others. He was assigned duty to the bus bearing number EBA 2723. The accident took place when he was taking charge from the..

Category: Labour and Industrial Law | Date: | Hits: 118

Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)

....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......Ext 1. The case of the plaintiff is that after obtaining the decree in the redemption suit they executed the decree and on 18.5.1951 they obtained delivery of possession as is evidenced by Ext 1. The duty of the learned Subordinate Judge was first to accept the certified copy of the court below as v..

Category: Property Law | Date: | Hits: 82

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ...... fee paid by the state undertakes to defend prisoner without trying to know any thing about the case offends against the traditions of his profession. If he is not ready for the defence it is his duty to ask for time and, if necessary, for adjournment." In the case reported in..

Category: Criminal Law | Date: | Hits: 154

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....ector of Khulna 13 DLR 538 the facts are, that the Revenue Authority started proceedings under section 20(1) of the East Pakistan State Acquisition and Tenancy Act against a person for acquisition of excess lands. In that proceeding the lands belonging to his son was also included on the ground that......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..

Category: Civil Law | Date: | Hits: 137