Search Options
Judgment Advanced Search
Displaying 1941-1960 of 2955 results.
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690....... petitioner has been paying its electricity bills submitted by the respondent No. 2 regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12......electrical energy, then the Inspector will estimate the amount of energy consumed and will fix the amount to be paid in respect of such energy consumed. The appellant No. 1 is not competent pending determination of this dispute by the Electrical Inspector to issue the impugned notice threatening d..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......lainant opposite party No. 2 claiming the Bainapatra as false is barred under the provision of section 195(lXc) of the Code of Criminal Procedure. Mr. Zindigir while confronted with the established principle of law that no defence materials could be considered at the stage of proceeding under sect......8 of 2001. Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show caus......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......ion in the case of Srimanta Manna and another vs. State, AIR 1960 (Cal) 519." 51. In the case of Zilu Miah and others vs. State, 1988 BLD 418 a Division Bench of this Court taking into account the principle of law enunciated in the cases of Moni Mohan Ghose vs. King Emperor 35 CWN 623 and Ghulam ......peal No.145 of 2004. Judgment AKM Fazlur Rahman J.- This is a reference under section 374 of the Code of Criminal Procedure submitted by the learned Judge of Druta Bichar Tribunal No.3, Dhaka for confirmation of sentence of death awarded by him to absconding accused Al Hasib Bin Jamal alias ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......hat the Rule in Criminal Miscellaneous Case No. 9954 of 2006 cannot be heard on merit and it should be discharged on the ground that the accused petitioners are fugitive from justice. It is a settled principle of law that fugitive from justice cannot claim any protection of law. To substantiate the ......5 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal Miscellaneous Case No. 9954 of 2006 with Criminal Miscellane......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......cation of law would be a ground for review of an order by the court. Our Appellate Division in 52 DLR (AD) 160 had taken a view that "A wrong decision on interpretation of certain provision of law or principle laid down in a decision relied upon by a court are no grounds for review". "On considera......hways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will no......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......cision occasioning failure of justice. 16. In the case of Hajarilal Mondal and others vs. Md. Mozaffor Bepari and others reported in 8 BLC (AD) 77 wherein it is held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and r......n Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: Lutfor Rahman Mondol with KM Zahid Sarwar,......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......tures held by it fell down in the exchange market in the year under consideration and it accordingly, deducted such capital loss as it incurred from the profit and loss account in accordance with the principles of the Bangladesh Account Standards and the guidelines of the Bangladesh Bank. 26.......spondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total income of Taka 31,03,352. Pursuant to notice under ......pecting Additional Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes as stated hereinabove. 5. In the circumstances, the following questions of law were referred for determination by this Division : (i) Whether shares and debentures are capital asset under se..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......XLI, rule 27 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for dec......der dated 6-1-2000 allowed the application for comparison of the documents by the handwriting and thumb impression expert. The present revision is against that order. 26. Now the point for determination is, whether the learned Additional District Judge, Bhola committed any error in passin..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......6-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, Janata Bank, Laldighi Pur......dication of the issues so claimed by the contending parties, nor it qualifies to be a "বিচারাধীন মামলা" as because at the stage of execution proceeding nothing remains for determination of any further dispute except to execute its own decree. 29. The word "execution" h..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......the accused may be absolutely necessary. In the facts and circumstances of the instant case, the inquiry is found to have been held giving the petitioner reasonable opportunity to defend himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's......se, the inquiry is found to have been held giving the petitioner reasonable opportunity to defend himself. The principle of natural justice having been followed in this case we find no scope whatever for Court's interference with the authority's finding and decision imposing compulsory retirement fr...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... void and without any lawful authority and of no legal effect and also the provisions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated ......ingle judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ...... the appellant, the contention raised by Mr. Ohiullah finds support in the case of Haque and Company Ltd. Vs. Messrs. Western Soap Factory and others reported in 43 DLR 304 where in paragraph 9 the principle laid down in the case referred in (1902) Chancery Division Vol. II 621 has been discussed ......ectification Case No. 295 of removing registered Trade Mark No. C-6724 in Class-5 from the Register. 2. The respondent No. 2 made an application under sections 37 and 46 of the Trade Marks Act for removal of registered trade mark No. C-6724 in class 25 from the register alleging, inter alia, ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......of 2000. 9. At our request, Mr. Mahmudul Islam, learned Senior Advocate also appeared as an amicus curiae. He took us through the history of development of the concept of vested rights and the principles of estoppel in the matter of levy and collection of customs duty and other charges. ......nior Advocate—As Amicus Curiae. Writ Petition Nos. 3541, 3559, 3562, 3835, 3836, 3854 of 1998 with 290, 293, 298, 1978, 1981,1295 of 1999. Judgment Md. Abdur Rashid J.- In the aforesaid Rules Nisi, the only issue that is raised is as to whether or not the enhancement of the cu......chargeable thereon. (2) An exemption granted under sub-section (1) shall be effective from the date mentioned in the notification issued under that sub-section.” “30. Date for determination of rate of duty and tariff value of imported goods.- The rate of duty and tariff value..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......d that while the power to add to, amend, vary or rescind is available under section 21 of the General Clauses Act, such power does not include the authority to take away a validly acquired right. The principle enunciated in the above case is applicable to the case in hand as the Syndicate took away ......:/প্রশা:/ ২০০১/১/৬৪৯৮ dated 22 February 2005 of respondent No. 1 issued under the signature of respondent No. 3 on the recommendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to h......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......Artha Rin Adalat.” 9. It further appears that in Sultana Jute Mills case the scope and implication of Articles 109 and 114 of the Constitution were not raised at all. 10. It is also a settled principle of law that if the court is one from which appeal lies to the High Court though in certain......nate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No.93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant/opposite parties praying for realisation of Taka 1,29,161,40 as ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....1-6-1982 (Annexure-D of the supplementary affidavit) relating to transfer of Government Servant, serving more than three years in a transferable post. In respect of the Circular, we hold that these guiding principles laid down in the circular issued by the Government (Annexure-D) have no statutory...... (Annexure-D of the supplementary affidavit) relating to transfer of Government Servant, serving more than three years in a transferable post. In respect of the Circular, we hold that these guiding principles laid down in the circular issued by the Government (Annexure-D) have no statutory force a......-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), passed order, transferring the petitioner with an effect of stand released. 4. Being aggrieved by the aforesaid order, the petitioner preferred this instant writ petition and obtained the present Rule. ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..Category: Employment/Service Law | Date: | Hits: 89
....tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803.......e to show cause against such termination is without lawful authority and as such, the High Court Division erred in discharging the rule without consideration of this point contrary to the established principles of law."
4. Khandker Mahbubuddin Ahmed, learned Counsel, appearing for the appellants ......declaring the appellants physically unfit to do their respective jobs.
2. The facts involved in case, in short, are that the appellants having their identification and registration cards with the aforesaid Dock Sramik Parichalana Board are working with the port authority from and before the forma......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
....intended as an extreme punishment for the alleged misconduct on 28.10.2003 in the office of the Governor of Bangladesh Bank.
4. It appears that the Bangladesh Bank Staff Regulations, 2003 in the guiding principle of the employee of Bangladesh Bank, rule 13(i) of the Regulations, 2003 clearly sh...... as an extreme punishment for the alleged misconduct on 28.10.2003 in the office of the Governor of Bangladesh Bank.
4. It appears that the Bangladesh Bank Staff Regulations, 2003 in the guiding principle of the employee of Bangladesh Bank, rule 13(i) of the Regulations, 2003 clearly shows that......r, Senior Advocate, instructed Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1 and 2. (In all the cases).
Not represented- Respondent Nos. 3-4 (In all the cases).
Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008.
(From the judgment and order dated the 23...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......o that effect inasmuch as a suit for partition is beyond the scope of the suit of specific performance of contract and the same would change the nature and character of the suit. It is the cardinal principle of law that the pleading should not be allowed to be amended which would change the na......Barman built up 2 shops in 0100 acres of land which were given on rent to Idris Ali and Majid Khan. Mozaffar Talukder became the owner of the shops after the death of his father, Idris Ali; that the aforesaid Gopal entered into an agreement to sell the land to the plaintiff on 02.07.1973; that on 20......the plea of the plaint in a suit for specific performance of contract for specific relief in the suit. 13. In the case of Kandu and others Vs. Woghu 3 DLR (PC) 310 it has been held that- "the determination in a cause should be founded upon a case to be found in the pleadings or involved in o..Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ...... the said manual give an indication how the various goods are classified. The following remarks appearing therein indicate the criteria which was applied: "(a) Finished products are classified, in principle, according to their function or purpose; if that criterion is not provided for in the List......ocate‑ For Respondent No. 1. Trade Mark Application No. 04 of 2001. Judgment ABM Khairul Haque J.- This is an application under section 46 of the Trade Marks Act, 1940 (the Act), praying for expunging the trade mark registered under No. 38818 in Class‑6 consisting of the word 'Lucky' ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
41094108410741064104410341024101410040994098409540884087408540784074407340724070