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Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)
....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dismissed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......er was retired from service. On the basis of the decision dated 08.08.1993, the writ-petitioner of above writ petition went on L.P.R. and was paid TK. 1,95,282.00 vide memo dated 17.09.2007 as lump amount/grant on the basis of last basic pay drawn immediately before the commencement of L.P.R. af..Category: Employment/Service Law | Date: | Hits: 90
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plaintiff is a statutory co..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......lved in their statements by the confessing accused Nazrul and Kashem cannot be sustained also because in the absence of any other evidence against them, confessional statement of a co‑accused would amount to no evidence. It is also submitted by the learned Advocate for the appellants that the lear..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......ccepted unless he has been pushed aside from acceptance in violation of a condition of the tender form and if there is no such violation no mandamus would lie nor even a suit. This also points to the principle of law that to protect a right the right must exist at present and not in future. There ha......n to that of the petitioner company and that the BUET finally recommended the petitioner company to do the job and in the event of calling a fresh tender the public exchequer would lose an additional amount of Tk. 2 crores. 6. On receipt of the report from the Bureau of Anti‑Corruption, the Sec..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......ated to bring a Court or Judge to lower his authority or utterances which are calculated to interfere with the Course of justice or the lawful process of the Courts that amount to contempt. The whole principle of law of contempt is against any such defence, and if the law were as contended for, th......any writings which is calculated to bring a Court or Judge to lower his authority or utterances which are calculated to interfere with the Course of justice or the lawful process of the Courts that amount to contempt. The whole principle of law of contempt is against any such defence, and if the l..Category: Criminal Law | Date: | Hits: 124
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....(nine) year's in half yearly installments bearing an interest at the rate of 8%. The writ petitioner opposed the above decision and proposed to pay with 1(one) year's rebate in 40 equal half-yearly installments with interest at the rate of 8% per annum. The fund allocated out of the Danish Grant w......ted upon as true by the party to whom it is made. Generally the elements of estoppel are the representations made under circumstances which amounted to an intentional causing belief in another. The principle which is incorporated in section 115 of the Evidence Act is a simple and equitable doctrin......d. The Government informed the writ petitioner that the Ministry of Finance imposed certain conditions which included (i) 10% down payment of the long term loan of Taka 15,34,44,990, (ii) the balance amount would be payable with 1 (one) year's rebate within 9 (nine) year's in half yearly installme..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ...... to her five sons upon obtaining mortgage of the property, owned by the said loanee, including the suit property for which after the death of said Kailash, when the loanee failed to pay back the loan amount, the aforesaid Nabaddip for his own interest instituted mortgage Title Suit No. 506 of 1917 a..Category: Property Law | Date: | Hits: 75
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......und that before passing this order whereby a right vested in the petitioner had been taken away, no notice was issued to him and he was not heard and as such, this order was in violation of the basic principles of natural justice. 10. The second ground taken by Mr. Chowdhury is that the responden......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Bashi alias Bashir and another Vs. The State, 1990, 19 CLC (HCD)
....lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209.......n Act has not been expressly excluded by the Special Powers Act. In Vidayacharan no such question fell for consideration before the Supreme Court of India as is now argued by Mr. Elahi before me. The principle laid down in that case has no application to the instant case. The point mooted before me ......lahi Baksh, I am constrained to hold that contention of Mr. Elahi is of no substance. Accordingly, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 209...Category: Procedural Law | Date: | Hits: 76
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......f Civil Procedure the petitioners, therefore, was entitled to take resort to the inherent power of the Court under section 151 of the Code of Civil Procedure for ends of justice. It is also a settled principle that where a mistake of a Court or Court's officer causes some injustice to a particular p......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of such defalcation of money of the plaintiff. The said defalcation amount has not been paid by the defendant No. 1 in spite of repeated demands and hence the suit. ..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......cts and circumstances of the case and the relevant provision of law and as a result there has been a failure of justice and hence the impugned order is liable to set aside. 16. It is well settled principle of the administration of justice should not only be done, but it must be shown to have bee...... at any time afterwards, the court may, in its discretion issue a warrant, either with or without bail, for the arrest of such person, and may make an order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the costs of attachment and of any fine which m..Category: Property Law | Date: | Hits: 78
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......es of the prescribed fee and reasonable fine and prayed for withdrawing the notice of demolition. The petitioner alleges that without giving him an opportunity of personal hearing in violation of the principle of natural justice, the respondents issued notice dated 18.5.1989 directing the petitioner......the building or excavation or re‑excavation of the tank, provided such person‑ (i) pays, within the time specified by the Authorised Officer or, the Committee, as the case may be, a fine of an amount, which shall not be less than Tk. 5000 and more than Tk. 50,000 to be determined by that Offi..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... freedom is so fettered. The imputation complained of is his or her own but has been made on behalf of and under the instructions of his or her client; he or she need not vouchsafe for the truth. The principle underlying such concept of privilege of language, qualified or absolute, is expediency. If......st illegally taken cognizance of the alleged offence under sections 499/500 PC against the accused petitioner; hence further continuation of the said illegal proceeding against the accused petitioner amounts to an abuse of the process of the Court and the same should therefore be quashed in the inte..Category: Family Law | Date: | Hits: 191
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......t of the total 1631 voters, 1600 voters exercised their right of franchise. Obviously, therefore, there was sufficient Publication of the notice. So, judging the facts of the case in the light of the principle laid down in the above‑mentioned case I am of opinion that the learned District Judge co......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 o..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......erving the interests of justice so far as they related to the charge against such accused person...................In my humble opinion, while the weight of precedents is not to be discounted, on the principle enunciated above, namely, that the power to make an order directing that a person be admit......minate grant of bail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to act of judicial extravagance which cannot be countenanced." 21. The Supreme Court of Pa..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......which is not subjected to any agreement for reconveyance of the land. For the reasons stated above I am of the view that decision of the courts below decreeing the suit is erroneous being against the principle of law laid down under sections 91 and 92 of the Evidence Act and judicial pronouncements ......the suit land between the parties and it was decided in the salish that the plaintiff would pay Tk. 1000.00 to the defendant within the month of Aswin of the year of salish and on receipt of the said amount the defendant would reconvey the suit land. Thus it appears that the plaintiff has based his ..Category: Property Law | Date: | Hits: 74
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......o inflicting lower major penalty he should not be awarded comparatively higher major penalty without giving him any opportunity to show cause for infliction of such higher major penalty following the principle of natural justice. 11. When a person is removed from the service under Rule “৪০(......ia held that from constitutional point of view both removal or dismissal from service stand on the same footing and both bring about a termination of service but every termination of service does not amount to removal or dismissal. Both the words are penalties awarded on the ground that the conduct ..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......R 213. In a later decision in Virjiram Sutaria Vs. Nathalal Premji Bhavadia and others, 1969 (1) SCC 77, the said Court after making a review of all the previous decisions on the point summarised the principle, in the following words: "The above cases are sufficient to show that non‑compliance ......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
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