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Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......licence has been issued without any show cause as well as without giving a chance to the petitioner Company to produce its documents and therefore the impugned order is arbitrary and violative of the principle of natural justice. It is further submitted that the impugned order is nothing but a new d......Writ Petition No. 2969 of 2001 whereby a show cause notice has been issued under section 13(2) to explain as to why the bonded licence granted to the petitioner shall not be cancelled and also why an amount of Taka 50,799.00 will not be realised from them under section 111 of the Customs Act, and al..Category: Fiscal/Taxation Law | Date: | Hits: 63
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......ntering into the campus.
11. We have considered the statements made in the affidavit-in-opposition. We have considered the provisions of Article 41 of the Constitution. We have also considered the principle laid down in the case of Golam Abbas Vs. State of UP reported in AIR 1981 (SC) 2198. It is......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... detention. 10. As regards the pending cases, we find that a case involving a grave offence is pending. Mr. Islam has argued that in that case this Court already granted him anticipatory bail. The principle which is followed in respect of granting bail cannot apply in case of preventive detention......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399....... Can correct the error to do justice to the parties affected by the impugned order. 10. The learned Additional District Judge appeared to have passed the impugned order which is in accord with the principle of law because no appeal lies against the order dated 16-9-84. But the error that has been......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......sed approver PW 3 Selim has not been corroborated by any independent witness. We have also mentioned that both the confessional statements marked Exhibits 2 and 3 are exculpatory. This is the settled principle of law that the confessional statements of any kind or nature, not to speak of exculpatory...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......ank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The defendant availed of the loan facilities amount from the plaintiff bank and was carrying on business. The defendants in order to secure the l..Category: Civil Law | Date: | Hits: 101
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......half of appellant to the decision in the case of Rahim Baksh Vs. Crown reported in 4 DLR (FC) 53 wherein it was held that failure of the trial Court to question the accused about his confession would amount to infringement of the provision of section 342 of the Code of Criminal Procedure and the con..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......tion of the Government. It was, on the other hand, as necessitated for performing the function of the state as a sovereign power and arising out of statutory rules. As such respectfully following the principles enunciated in the above case, we are of the view that although relief sought for in this ......(f) The respondent No. 2, as the mobile telephone service provider under the arrangement with the Government is required to include in the bills rendered by the respondent No. 2 to the petitioner the amount of the license fee and royalty in addition to the amount payable as charge to the respondent ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10....... would recover the said lands if the respondent No.3 repaid Tk.500/- which he received from the respondent No.1 and ultimately, the respondent No.1 reconveyed the land on receipt of the consideration amount. 4. The suit was contested by the respondent Nos.1 and 2. Their case, in short, is that Pe..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......dant). The facts of all the appeals are identical and therefore, all of them are disposed of analogously. Karnaphuli Cotton Mills Limited instituted Money Suit No. 44 of 1994 for recovery of the said amount on the averments that its stock of raw cotton valued at Tk. 2 crore were insured with the def..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......newing monthly tenancy for another term, of 5 years ending in the month of December, 1993. This time monthly rent was enhanced to taka 1500. The defendant tenant did not pay rent regularly and arrear amount of Taka 15,000 was fallen due up to the month of December, 1993. Thereafter, the agreement of..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......possession of the land. Since the value of the land has been increased the pre‑emptor filed the instant pre‑emption case after several years. The pre-emptee has developed the land by investing an amount of Taka 5000 and, as such, the pre‑emption case is liable to be dismissed. 4. The case c..Category: Property Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......ing death. Section 302 of The Penal Code prescribe punishment for murder. Section 304 prescribe punishment for culpable homicide not amounting to murder. 41. Section 34 of The Penal Code lays down principles of joint liability in doing of a criminal act. The essence of that liability is to be fou......okeya Begum. b. Conduct of convict-appellant Shah Alam: Deceased Rokeya Begurn was found dead with multiple injuries on different parts of her body. As a husband it was his obligation and paramount duty to locate the culprits who killed his wife and was, also, required to lodge complaint wi..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......pany. Thus, we do not see the application of section 88 of the Code of Civil Procedure in the facts and the circumstances of these cases as argued by the learned Additional Attorney-General and the principle of law enunciated in the case referred by him. 27. Therefore, we do not find any substa......of the Company including salaries of 180 employees, maintenance of the costly and highly sophisticated broadcasting and transmission equipment, office rent and other expenses., utilities, totaling an amount of Taka 70 lac per month which is being spent from Mr. Abdus Salam's own sources where no rev..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ...... "In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of eliciting any matter in dispute, or of ascertaining the market-value of any property, or the amount or any mesne profits or damages or annual net profits, the Court may issue a commission to su..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......are also entitled to get the benefit of doubt Therefore, to warrant conviction in a contempt proceeding allegation leveled against the contemners must be proved beyond reasonable doubt. Keeping these principles of law in mind I have weighed the materials on record and I find that in the instant case......GM of the Bank as per order of this Court and reminded the contemner opposite party No. 1 that his such inaction in holding the AGM of the Bank is, in effect, violation of the order of this Court and amounts to disregarding the order of this court and this may be brought to the notice of this court ..Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......of the deceased from time to time inasmuch as he was in habit of torturing the deceased for more dowry and in view of the alleged payment of dowry the prosecution has come with an allegation that the amount so paid was procured by selling a piece of land and this fact appears to have been corroborat..Category: Criminal Law | Date: | Hits: 88
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......n of the banking system of the nation in commercial and trading transactions. The issue raised is already settled in various ways in number of decisions in our jurisdiction and beyond. 41. Settled principle is that when an irrevocable letter of credit is issued/opened and confirmed by a bank, suc......1, 2 and 3, the beneficiaries thereunder, is illegal. 3. In the plaint it is averred that defendant No. 6, Vitessee Trading (LLC) placed a purchase order for supply of ready‑made garments for an amount of US$ 1,00,000 vide a letter of credit dated 6‑2‑2001. After said letter of credit was t..Category: Civil Law | Date: | Hits: 100
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......t, 1965 and as such his remedy lay before the Labour Court as per decisions referred to in 46 DLR (AD)1, 43 DLR (AD) 154 and 31 DLR (AD) 298. 12. It was submitted that the show cause notice and/or principle of natural justice is not applicable in case of simple termination of any employee with al......aintiff's service as illegal and not binding on him and that the suit for declaration that he is still in service with the direction to allow him to continue in service in his post with all benefits, amounting to a mandatory injunction was not sustainable in law in view of the provisions of Section ..Category: Employment/Service Law | Date: | Hits: 95
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......pellant Reaz Shahid alias Milon, son of Shahidullah of 38, Nasiruddin Sarder Lane, Police Station-Sutrapur, Dhaka be enlarged on bail on furnishing security of Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka...Category: Criminal Law | Date: | Hits: 34
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