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QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......gladesh Telecom (Pvt.) Limited Vs. Bangladesh Telegraph and Telephone Board and another, 48 DLR 20 (AD) 1996 to contend that impugned notice was served without any show cause notice which offends the principle of natural justice and is malafide. The learned Judges of the Appellate Division addressed......such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued notice demanding justice to the respondents on 6-11-1997 to desist them from charging the full amount and to refund the excess amount so far realised. The respondents, however, did not give any r..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ...... others reported in 46 DLR (AD) 89 it has been observed that after compensation is paid for acquisition of lands no order can be made for derequisition of such acquired land. In the above case the principle which was expounded in 27 DLR 597 was discussed which is in the following terms: “It ......pproved on 27-8-77 and thereafter notices under section 5(2) were served upon the petitioner and other persons having claim in the land on 8-6-79. The requiring body deposited full compensation money amounting to Taka fifty lac in favour of the land acquisition authority and the requisition and acqu..Category: Criminal Law | Date: | Hits: 37
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......uq, the learned Advocate appearing for the petitioner submits that the cancellation of the licences of the petitioner in respect of the firearms in question have been passed in clear violation of the principle of natural justice because before cancelling the licences the petitioner was neither heard......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361...Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ...... such breach has been committed by the respondent in the instant case. 13. In Associated Provincial Picture Houses Ltd Vs. Wednesbury Corporation reported in All England Law Reports Vol. 2 680 the principle enunciated is that the Court can interfere with an act of an executive authority if it be ......se were handed over to Bangladesh Muktijodda Kallyan Trust on 28-2-78. While the said Madina Tannery including other tanneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......ssion is to be accorded to the plaintiff to withdraw a suit to sue afresh in respect of the same subject-matter is a matter of judicial discretion which is to be exercised according to sound judicial principle and not fancifully. If the requirements of Order 23 rule 1(2) of Code of Civil Procedure a......e concept of “formal defect” as a ground for permission to withdraw the suit to institute a fresh Suit on the same cause of action and in respect of the same subject-matter because that would tantamount to giving a premium to an indolent plaintiff for playing toy with his opponents. Moreover, th..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......extent of 0.24 acre of land since 22-3-1975. In this regard, it is worthwhile to quote West J in the case of Shaik Ibrahim Vs. Shaik Suleman 9 JLR Born 146; “as to the delivery of the house, the principle is to be borne in mind, that when a person is present on the premises proposed to be deliv......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......LD 1964 SC 26=16 DLR (SC) 94 the Supreme Court of Pakistan dealt with the scope of interference against an order of acquittal. Hamoodur Rahman, J (as his Lordship then was) stated as under: “The principles which have been consistently followed by this Court for justifying interference with orde......d claimed to be tried putting forward a defence that Zainal Abedin and Eshahque were the real culprits but the informant, his brother and mother compromised the case with them after realising a large amount of money. The accused-opposite party Abdul Khaleque did not come to the terms and raised obje..Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... Clause 3 of BOI registration certificate, Clause 3 becomes redundant and has no force of law. He further submitted that in cancelling the registration, the respondent No. 1 has not complied with the principle of natural justice so far it relates to giving a personal hearing to the petitioners and t......ferring an appeal to the Government under section 28 of the BSTI Ordinance, 1985. 20. To our query, Mr. Rafique-ul Huq submitted that inability to grant a licence expressed by the BSTI was not tantamount to rejection of the application made by the petitioners for a licence and consequently, the p..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... Babul Miah were voluntary and true. This judicial confessional statement of accused Babul Miah which has been marked as exhibit 11 has also been recorded in accordance with law. It is a well settled principle of law that the confessional statement of an accused if voluntary and true can be the sole......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......on the basis of permissive possession and that because of such permissive possession the plaintiffs are not entitled for declaration of title through adverse possession as prayed for, and that on the principle of natural justice and equity the plaintiffs are entitled to purchase the suit land at the......Advocates, appearing for the contesting parties, decreed the suit in part ordering that the plaintiffs may get the suit land through registered deed on deposit of Tk. 21,74,544/-being the highest bid amount offered plus 2,60,945.28/- being 12% of the said Tk. 21,74,544/- as solatium plus Tk. 2,17,46..Category: Property Law | Date: | Hits: 58
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......on for such relief under the Scheme. But the conditions could not be fulfilled. Therefore, the contention on the doctrine of promissory estoppel has got no role to play in the facts of this case. The principle laid down in Mannan’s case, 42 DLR 107 (AD), has no role to play in the present case ina......n force or any decision of any Court for the purposes of section 30, the value and the rate of duty applicable to any goods shall respectively include the value as determined under section 25 and any amount of duty imposed under section 18, 18A or 18B and the amount of duties that may have become pa..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ....... The learned Judge heard the Miscellaneous Case on maintainability and rejected the same by the impugned order dated 10.3.2010 on the ground that the petitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 3. ..Category: Civil Law | Date: | Hits: 183
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......pearance and contested the suit by filing a written statement denying the material allegations made in the plaint contending inter alia, that the suit was barred by limitation; that it was hit by the principle of res judicata as Title Suit No.367 of 1984 on the same subject matter had been decided e......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......l Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hundred eighty and pa..Category: Procedural Law | Date: | Hits: 95
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218....... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......l examiner attached with the CID at Dhaka deposed that on examination, he found presence of Chlorpheniramine maleate and codeine phosphate in the liquid of the bottle. He however, did not mention the amount or proportion of any of such substances in 100 ml of the bottle. 30. Mr. Awal submitted th..Category: Criminal Law | Date: | Hits: 90
....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......ss or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protection from arbitrary and discriminatory action......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......aka upon serving notice under sections 79 and 83(1) of the Income Tax Ordinance, 1984 (Ordinance No. XXXVI of 1984) the representatives of the petitioner completed assessment of income tax taking the amount of Taka 80,000.00 shown as loan in the return as income from unexplained sources, that petiti..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... ground, and not on any exaggerated notion of the dignity of individuals, that insults to Judges are not allowed. It is on the same ground that insults to witnesses or to jurymen are not allowed. The principle is that those who have duties to discharge in a Court of justice are protected by the law,......dure applied because of the words "any other law" in s. 5. In our opinion, this is wrong because the Act of 1926 does not confer any jurisdiction and does not create the offence. It merely limits the amount of the punishment which can be given and removes a certain doubt. Accordingly, the jurisdicti..Category: Criminal Law | Date: | Hits: 161
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......d this Court. This Court, in the background of the facts of the case and in the light of the decision referred to by the learned Advocate for the petitioner, observed as follows: “From the above principles as settled in the quoted decisions, it is clear that the documents at a late stage after ......y. On that date petitioner herein prayed by filing an application, for time to file written objection; and that therein petitioner herein alleged that although Beximco Food Limited paid back the full amount of loan but in spite of that plaintiff has filed the suit. 5. On 9-4-1995 the plaintiff fi..Category: Civil Law | Date: | Hits: 90
....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......R No.3968 Intel NV-III was assessed to Income Tax for the assessment year 1986-87 under section 83(2) of the Ordinance on a total income of Taka 3,63,339 on 29-6-89 and tax including interest payable amounted to Taka 1,31,669.00. The DCT computed income from remuneration business and agriculture at ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
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