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Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75.......e 89 of the Code of Civil Procedure. Thereafter the petitioner on 14.01.2000 filed an application and prayed for setting aside the order dated 22.10.2007 and also prayed for direction to deposit rest amount of bid money. Petitioner further stated that respondent No.5 earlier filed civil revisional a..Category: Others | Date: | Hits: 109
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......ut we could not find any Bengali words or phrase, the underlined English words 'files a legal proceeding in a Court' and 'judicial authority' in the English reading were translated from. Applying the principle for interpretation in case of conflict between Bengali and English versions as ordained by......pensation of US $ 614,855.25 and further US $ 100,000 for loss of goodwill, in total US $ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, the plaintiff deducted US $ 278,276.67 only from the invoices of scheduled jute mills of the..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......lication to correct an error which has crept into the decree. The wide language of sections 152 and 153 would, in my opinion, cover a case like the present. The correction of an error need not always amount to an amendment of the pleading. I do not think it correct to treat this application as an ap..Category: Property Law | Date: | Hits: 61
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interests of the community to book. This principle applies to the facts of the present case. The State has not come forward in revision again......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......he opposite party No.1, Bank, by filing counter-affidavit, submits that duly authorised attorney of the Bank can always file the petition of complaint on behalf of the Bank which has become a settled principle of law. In this connection he cited a decision reported in 11 BLT (AD) 149 (Hasibul Bahar ......f complaint on 304‑2000 against the accused petitioner in the Court of Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused enjoyed the facilities of loan but failed to repay the amount of loan on repeated reminders. The total amount of loan payable by the accused is Taka 13,51,..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......tion of an oath to an accused person is opposed to public policy and any infringement of the provision prohibiting the Court from putting him under oath is an illegality, which cannot be cured on any principle of consent, waiver or estoppel. Such administration of oath to an accused is an express st......which they belong and if they are found of the same kind, they may be taken for ascertaining whether they belong to one individual or not. The height and the age may also be determined with a certain amount of accuracy. The author, however, opinions that it is difficult to ascertain the precise time..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... iii) Whether fortune shall smile upon accused-appellants on a verdict of acquittal upon them on concept of Criminal Jurisprudence of benefit of doubt? 3. In approaching the questions the cardinal principles of Criminal Jurisprudence in awarding conviction upon accused‑appellants for offence co......t by which the death is caused is done with the intention of causing death. Section 302 of The Penal Code prescribes punishment for murder. Section 304 prescribes punishment for culpable homicide not amounting to murder. 55. In the scheme of Penal Code "culpable homicide" is genus and "murder" is..Category: Criminal Law | Date: | Hits: 54
Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)
....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......urther contends that the High Court Division failed to consider that the petitioner is not compelling the plaintiffs to continue the suit against his will rather the petitioner asserts the underlying principle of Order 23 Rule 2 of the Code of Civil Procedure which prevents a litigant from instituti......y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ..Category: Procedural Law | Date: | Hits: 115
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......enacting section 46A, which is not permissible in law. Because the said SRO dated 2‑12‑1999 issued by the NBR is a subordinate legislation. The learned Advocate for the petitioner also argues the principle of legitimate expectation submitting that since section 46A provides for tax exemption on ......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......still not wholly free. He is not to innovate at pleasure. He is not a knighterrant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment to vague and unregulated benevolence. He is to......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of any such conditions the interference by the High Cour......udge, 4th Court, Dhaka, for Specific Performance of Contract as the original lessee did not execute and register the required sale deed in spite of receiving of Tk. 11,000/- against the consideration amount fixed at Tk. 15,000/- on three different occasions and that the writ petitioner got delivery ..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......hat: “It has been noticed that the High Court Division in holding as above relied on another decision of this Division 11 BLD (AD) 227. In that decision it has been, inter-alia, observed that in principle where an alternative statutory remedy is available an application under article 102 may no......nited Commercial Bank Limited for US $ 585000.00 for the import of 1000 metric tons. Thereafter L/C value was increased on September 10, 1994 to US $ 1,579,500.00 for 2,700 metric tons and lastly the amount of L/C was increased to 1,755,000.00 for the import of 3,000 metric tons as per terms and con..Category: Fiscal/Taxation Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......e have considered this provision and it appears to us that notice is required only in case of those assessee who set apart a part of the income for purposes other than charitable purposes. If such an amount is set apart other than for charitable purpose that amount is of course liable to taxation. B..Category: Fiscal/Taxation Law | Date: | Hits: 99
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......-emptees contested the case by filing a written objection and contended, inter alia, that the case is barred by limitation. It was further contended that the claim of the pre-emptors is barred by the principles of estoppel, waiver and acquiescence. The contesting opposite parties also contended that......cquiescence and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made improvement in the case land by spending a huge amount of money, they are entitled to the said cost if, at all, pre-emption is allowed and, as such,..Category: Property Law | Date: | Hits: 56
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ...... the same is exercisable in two ways. The power of review is exercised in two ways-(1) Changing the decision of a case by reviewing the judgment originally delivered in that case and (2) overruling a principle of law enunciated in a previous case. In a leading case Kaikaus, J observed— “On a ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ot be included in the CIB list. It should however, be noted that the respondent creditor bank is at liberty to file case against the petitioner in the Artha Rin Adalat for recovery of the unpaid loan amount as per terms of the personal guarantee provided by the petitioner.” 9. The same view wa..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......submitting that the executing Court issued the warrant of arrest without any prior notice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authorit......rein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight lac fifty four thousand seven hundred thirty si..Category: Civil Law | Date: | Hits: 169
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......ty Grants Commission and, as such, malafide. Thirdly, the impugned publication is violative of Articles 26, 27, 28, 31, 32, 39, 40, 41 and 42 of the Constitution. Fourthly, such notice is against the principle of natural justice as the petitioner was not given an opportunity of hearing. Lastly, publ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......19 DLR case the trial was held by a competent court of law but in the instant case the petitioner was tried by a court which had no jurisdiction at all to try the case. In that view of the matter the principle enunciated in 19 DLR cannot be applied in the instant case. The learned Advocate finally s......eported in 19 DLR 255 and in the course of reply Mr. Khondker Mahbubuddin Ahmed relies on the decision reported in 3 DLR (FC) 518 and submits that if the order of fresh trial is maintained that would amount to double jeopardy and his client will suffer twice for the same offence for no fault of his ..Category: Criminal Law | Date: | Hits: 56
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......red by the Labour Court, petitioner did not pay all the benefits that the complainant was entitled within 30 days, that accused deposited only Taka 12,512,50 and that he failed to deposit the balance amount of Taka 28,694,50. The Labour Court by order dated 1‑7‑1989 took cognizance of offences m..
Category: Labour and Industrial Law | Date: | Hits: 184
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