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AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
.... or the goods delivered which is the basis for the claim for compensation under section 70 must be voluntary. Cf. Pannalal Vs. Deputy Commissioner, Bhandara, (1973) 1 SCC 639. In view of the above legal position, the entire defence based on want of approval of the Hospital authority or beyond the......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
....has come before this Court and obtained the present Rule.
8. Mr. Goutam Kumar Roy, the learned Deputy Attorney General appearing for the petitioner submits that the Court of appeal below acted illegally in dismissing the suit and affirming the judgment of the trial Court below without consideri......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....08 accepting the Naraji petition and directing the RAB to investigate the case without examining the complaint on oath as per mandatory provision of section 200 of the Code of Criminal Procedure is illegal and as such the same is liable to be quashed. 15. Mr. AKM Shafiuddin, along with Mr. Md. Si......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....ion sale proceeding in execution of decree, if any 3rd party makes any claim as to the auction sold property or over the property to be auction sold and files an application as 3rd party claimant the legal obligation of the claimant is that he has to furnish a security to the extent of 25% of the de......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....lished in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be declared to have been made without lawful authority and is of no legal effect and ultra vires of the Constitution. The petitioner No.1 is an Advocate of the Supre......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....o the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advanced, legal debate and aspect involved shall be addressed and taken into stock. 7. Gravamen against con......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff respondent-petitioner calls in question the legality and propriety of the judgment and order dated 16-08-2009 passed by learned Additional Distr...... 9. Accordingly the Rule is disposed of. The impugned judgment and order dated 16-08-2009 passed in Misc. appeal no.27 of 2009 is modified to the effect that parties are directed to maintain status quo in respect of custody of children. The trial Court is directed to dispose of the Family S..Category: Family Law | Date: | Hits: 171
.... their said account. Plaintiffs had already a credit balance of Taka 1,44,87,474 in their account. But on 28‑5‑85 and 29‑5‑85 the bank debited Taka 3,03,37,212 from the account that is most illegally and without any authority debited the account Taka 40,77,980 in excess.
4. Further case o......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
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Category: Civil Law | Date: | Hits: 92
.... respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts, as stated in the petition, in short, are that the petitioner who is a...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
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Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....son whose name does not appear in the award cannot make an application under section 28 of the Ordinance. 18. Section 43 of the Ordinance provides for indemnity and no suit or prosecution or other legal proceeding shall lie against any person for anything done in good faith under the Ordinance. W......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....0,000 and they already paid up more than 300 percent of said principal amount. Any further claim under those accounts would be barred under sections 46 and/or 47 of the Ain. But said IFIC Bank sent a legal notice on 18‑4‑04 to the plaintiffs demanding Taka 135,09,69,533.31 claiming due as on 31â......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....harge against the petitioner under section 408 of the Penal Code. 3. Mr. Md. Ozair Farook, learned Advocate, appearing on behalf of the petitioner, submits, that the learned Magistrate has acted illegally in framing charge against the petitioner in failing to consider that the initiation of the p...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
.... as evidenced by Annexure 'A' to the application. It is stated that as soon as the aforesaid letter was received by the petitioner he approached the Accounts Section of the Association to collect all legal and arrear dues accrued to him at per terms and conditions of service. It is farther contended......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
....d by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 27, 31, 42, 118 and 147 of the Constit......quired to be fixed by reference to the holder of another post, it should be so fixed with reference to the Constitutional Functionaries of higher rank and certainly not to anyone below their rank and status. The learned Additional Attorney-General conceded to this legal position. This principle shou..
Category: Employment/Service Law | Date: | Hits: 99
....ill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to ac......Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
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Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....ode of Civil Procedure reads thus: "Notwithstanding anything, contained in sub-rule (3) the plaintiff shall not be required to substitute and shall be exempt from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, havin......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
....িওবি/০০à§/৪ৠdated 3-9-2008 issued by respondent No.5 demanding Taka 31,36,776 (Annexure-I) should not be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short, is that the petitioner is a pr......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
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Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....r. PC Guha, learned Advocate for the petitioners, assails the impugned judgment and decree on various grounds. First, he submits that the trial Court has found that the defendant No.1 failed to prove legal necessity for the transfer by Sumati vide Exhibit A dated 14‑5‑42 and accordingly, held th...... is discharged without, however, any order as to costs. Impugned judgment and decree of the Court of appeal below reversing those of the trial Court in dismissing the suit are hereby upheld. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send d..Category: Property Law | Date: | Hits: 64
....e.
5. After arrival of the goods, the customs authority at ICD, Kamalapur issued a letter dated 22‑5‑2000 asking the petitioner company to show cause within 7 days of receipt thereof as to why legal action would nor be taken under the Order for causing possible loss in revenue for reasons of ...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....7 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the plaintiff from his service is illegal, void and for reinstatement in his service with all arrear benefits, stating, inter alia, that...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
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