Search Options
Judgment Advanced Search
Displaying 2041-2060 of 3960 results.
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......nothing of a Criminal nature in it.” 16. In the case of P.C. Sen A.I.R. 1970 (SC) took the view that technical contempt should not give rise to any initiation of proceeding. The well established principle is that the court shall not impose a sentence for contempt of court unless it is satisfied...... any judgment, decree, direction, order writ or other process of court or Wilful breach of an undertaking given to the Court. If our order and direction are disobeyed wilfully certainly that would amount to contempt. The distinction between Criminal contempt and Civil contempt is narrow and it..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......onstitution on ceasing to hold office, the Comptroller and Auditor-General shall not be eligible for further office in the service of the Republic, and to construe the meaning of 'further office' the principle of 'ejusdem generis' is to be applied meaning thereby that on ceasing to hold office, the ......(a) grant from the Government or statutory body; (b) loans borrowed by the Commission; (c) fees and charges deposited under this Act; and (d) money received from any other source. (2) The amount of the Fund shall be maintained in the name of the Commission in any Scheduled Bank determi..Category: Employment/Service Law | Date: | Hits: 92
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......roper and it may, in appropriate cases, require, by such order, the reinstatement of the complainant thereof and such order shall be final.
Provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;
(e) no Court fee shall be payable for filing ..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......uffer imprisonment for a further period of 1 (one) month under section 5 (2) of Act II of 1974 and directed the sentence should run concurrently. It has also been ordered that for the misappropriated amount this appellant was fined Tk. 26,000.00 and for the realisation of the amount his movable and ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ion of Bainapatra from plaintiff and made over possession of the suit land in favour of plaintiff. Thereafter Manada Sundari died leaving son Anil Chandra Bhattacharja. Plaintiff tendered the balance amount to Manada Sundari's son Anil Chandra Bhattacharja who refused to accept the same and so plain..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....apital expenditure. In other words, where the amount to be paid for the acquisition of an asset of enduring nature, it is settled that the amount is to be so paid by several small amounts or periodic installments, the capital nature of the expenditure would not cease to be or alter into the nature o...... such claim for deduction was allowed and as such the Tribunal was not justified in disallowing the claim. The contention is not correct inasmuch as each assessment year is an independent one and the principle of res judicata does not apply to the assessment of taxes under Income‑Tax Act. For t......vision of section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and fro..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......s. Chandi Nath Majuinder and others, 1931 Cal 779 wherein it has been observed "The application for stay of subsequent suits, because of previous suit in its appellate stage is pending is made on the principle of section 10 CPC. Attempt should first be made in the Court below to have suit stayed and......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......ment of salaries he kept with him Tk. 5,838.60. The Respondent‑Company was closed for 5 days from 27.9.82 to 1.10.82. After re‑opening it was detected that the petitioner did not deposit the said amount to the company and thereby committed misconduct. On detection of the same the petitioner was ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ...... through the facts of the case. 3. The plaintiff alleged that the notice inviting tender was illegal and it was not widely circulated, that the suit Hat cannot be leased out by auction sale for an amount not less than Tk. 20,00,000.00. He further alleged that he was prevented by armed Mastans fro..Category: Civil Law | Date: | Hits: 74
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... all relevant evidence has been substantially considered by the lower appellate Court. The appellate Judgment may not meet all reasons given in the judgment of trial Court while setting it aside. The principles had not been followed by the Ist appellate Court inasmuch as in some places appellate Cou...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... is palpably wrong. 37. Mr. Hossain argues that the learned Court of appeal below has not controverted the findings of facts arrived at by the trial Court while reversing the same. It is a settled principle of law that the Court of appeal below must take into consideration the findings of facts a...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ession." "An inquiry at the instance of a third party in possession is contemplated only after he is dispossessed in execution and applies under r.100 complaining of such dispossession." 5. The principle enunciated in that case was followed in Mohammad Shareef and others Vs. Bashir Ahmed and o...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......impugned order having been issued without following the procedure laid down in the law and without giving the petitioner any opportunity of being heard is violative of the relevant law as also of the principle of natural justice and is, therefore, without lawful authority and of no legal effect. He ......sor the difference in salaries earned by him with affect from 18.6.91 as Professor of Computer Science and Engineering on 30th June, 1991 (Annexure D) and the petitioner on receipt of the said cheque amounting to Tk. 64.94 deposited the same in his account of the BUET Branch of the Sonali Bank on 6...
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......deration of certain provisions in chapter X of the Contract Act but the High Court Division has totally ignored them while giving relief to the writ petitioner. This chapter lays down certain general principles in wide terms about agency. Commission agents are agents within section 182 of the Cont......t the judgment and order dated 6th June, 2000 of the High Court Division in Writ Petition No.4136 of 1998, by which, the High Court Division directed the appellants to pay in Bangladesh currency an amount equivalent to US$ 28250 to the writ petitioner as commission. 2. Leave was granted to con..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......er dated 13-8-2001 issued by present petitioner No.1 rejecting his appeal as illegal, void and of no legal effect and also for further direction upon the present petitioners not to recover the said amount from him. Subsequently, the case was re-numbered as Administrative Tribunal Case No.106 of 20..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....tions of the two agreements which he had to perform within the stipulated time. It is stated that on different dates the respondent No.1 paid only a sum of Tk. 5,85,000.00 instead of Tk. 10 lacs in 3 installments. It is further stated that as per terms of the agreement the respondent No.1 was requir......nd the Company, the Court will enforce the ministerial duty if the application shows a clear right; and will not readily refuse to proceed and leave an action to be brought." 34. In my opinion the principle laid down in the aforesaid decisions is very much applicable in the facts and circumstance......ing to release the properties as the petitioner No.1 has other liabilities with the bank but he could not produce any paper in support thereof from the bank. 5. As regards non‑payment of balance amount of Tk. 4,15,000.00 the respondent No.1 had given a vague reply that the money would be availa..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......l Huq, has submitted that the passports of the petitioner have been revoked and/or cancelled without giving him an opportunity of being heard and in that the action has been taken in violation of the principle of natural justice. His further grievance is that no procedure having been made either in ......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......Leave was also granted to consider the submissions made by Mr. Nurul Amin that the learned Judges of the High Court Division erred in law in making the Rule absolute inasmuch as it is the settled principle that after framing issues including maintainability of the suit, all the issues are to be ......pany Defendant No.1 sanctioned loan of TK. 7,14,000.00 and TK.1,75,000.00 on 28-12-1970 as per prayer of plaintiff No. 1 for establishing an automatic brick factory. Defendant No.1 sanctioned further amount of loan in favour of plaintiff No.1 on several occasions. Plaintiff No.1 mortgaged all its ..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......took place at the time, place and manner as alleged. Mr. Hafizullah has referred to British Shipping Laws, 4th Edition. The book is 'Law of Collisions at Sea' by Kenneth C. Coguffie. In this book the principles relating to settlement of collision at sea have been enumerated. Mr. Hafizullah has refer......s of Insurance Policy the proforma defendant repairing costs and compensation of the injured vessel. Thereafter the plaintiff namely, the insurer filed this present suit for a decree of the aforesaid amount together with compensation at the rate of 12% per annum till realisation of decretal amount a..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......sion against the conviction of the accused persons directed further inquiry with direction to the Magistrate to summon and examine such witnesses as appeared necessary. In that view of the matter the principle enunciated in that case has no application in the present case. Under section 436 of the C...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
53595358535653555354535353525349534853465344534253415339533853365335533353305329