Search Options
Judgment Advanced Search
Displaying 2521-2540 of 3812 results.
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......n this case no purpose would have been served by filing the appeal, the order being passed at the behest of the Minister-in-charge of the concerned Ministry. Moreso, the appellate authority having no power to pass any interim order under the statute the forum of appeal could not be termed to be effi......u Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ssal is patently, illegal and without jurisdiction and the same is not binding upon the plaintiff and the impugned judgment is not suffering from any legal infirmity. This Court exercising revisional power under section 115(1) of Code of Civil Procedure has no scope to interfere with same Mr. Dutta ......science teacher of the school was zealous of the professional success of the plaintiff and was harbouring grudge against him and for the vindication he brought false allegations against the plaintiff to the effect that he had given higher marks to some of his favourite students and thereafter served......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ...... expenses, the Deputy Commissioner of Taxes was not justified calling in question the basis of deduction of Head Office expenses after lapse of 6 assessment years by reopening of the cases exercising power under section 93 of the Income Tax Ordinance, 1984. He then submitted the notices impugned are...... July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....lic authority exercises a statutory power, keeping himself within the guideline determined by his Superior Authority for the exercise of the power. Section 13 of the Customs Act, 1969 has conferred a discretionary power upon the Commissioner of Customs, whether to grant a private bonded warehouse li......l before law and are entitled to equal protection of law.”
We fail to understand how the equality clause of Article 27 of the Constitution is offended if a public authority exercises a statutory power, keeping himself within the guideline determined by his Superior Authority for the exercise of......
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Referred to-
Talekhal Progressive Fishermen’s Co-operative Society Ltd. vs. Bangladesh, 1981 BLD (AD) 10...... the legality of the policy decision, adopted by the National Board of Revenue, of requiring an industry to have a paid up capital of at least 10 crore takas, to be eligible for consideration for the grant of a private bonded warehouse licence.
4. Mr. Salauddin Ahmed, along with Mr. Ramzan Ali Si..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ....... Cognizance was taken on 17‑2-2002 by issuing warrant of arrest against the petitioner. Having felt aggrieved by the aforesaid order the petitioner approached this court by invoking the inherent power of the Court under section 561A of the Code of Criminal Procedure to have the proceedings quas......ed: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the Petitioner. Mahbubey Alam with Moqbul Ahmed, Advocates‑ For Opposite Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......olice Commissioner are annexed to the Writ petition as Annexures ‘B’ & ‘C’.
3. It is submitted that the accused persons belong to the Trade Union of Bangladesh Awami League which is in power now and accused Israfil has been the Secretary of Sramik League, Dhaka city. It is submitted t......s Involved:
Jamiruddin Sircar with AKM Shamsul Huq, Advocates—For the Petitioner.
Abdul Malek with Raquibul Hoque Miah, Advocates—For Respondent Nos. 5-34.
Md Mamtazuddin Ahmed, Deputy Attorney-General—For the Respondent Nos. 2-4.
AJ Mohammad Ali, Advocate—For the Respondent No. ......justified under the facts and circumstances of the case and that the impugned memo did not carry any stigma on the petitioner. The added respondents have also denied that soon after some of them were granted bail they threatened the prosecution witnesses not to depose in the case.
6. It appears f..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......e compensation for the invested amount by the plaintiff himself for land development, building construction electrification, etc. But Order 41 rule 33 of the Code of Civil Procedure has given us this power to assess compensation which escaped the notice of the trial Court and acting under this provi......ected against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA ......alue was fixed at Taka 25, 57,120.00. Their case is that in all Taka 24, 57,120.00 (Taka twenty four lac fifty seven thousand one hundred twenty) only was spent for establishing the project. The bank granted an amount of Taka 9.70 lac for 3rd IDA credit scheme and it was stipulated that the loan is ..Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ...... was held that it was not open to the DDA to carve any space meant for a park for a nursery school. In that case it was further held that the allotment in favour of the respondent No. 2 was misuse of power and accordingly, in favour of the school the allotment letter was cancelled. He then cited the......ddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the Petitioner. AJ Mohammad Ali, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Peti......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
.... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72.......atable proposition. When legislature termed it so we cannot reopen the same as wisdom of the Legislature cannot be questioned by us. Legislature represents the entire community and it was the plenary power to make law subject to the limitation imposed by the Constitution. In such capacity when the l......ppellate Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
Shah Dairy Products Limited………………Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
.... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......bul Kashem…………………..Petitioner Vs. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Chowdhury, Advocate......ct, or (b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of a claim, it may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or abandon such part of a claim with liber..Category: Property Law | Date: | Hits: 30
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Recruitment) Rules, 1982. The respondent No. 1 PSC being reposed with the constitutional duty of selecting candidates in the service of the Republic cannot and does not have unfettered and arbitrary discretionary power under Rule 7(1) of the Bangladesh Civil Service (Age, Qualification and Examinat......is stated that 292 candidates including the petitioners were not called for Viva-voce Examination because at the time of scrutiny their applications were found defective and it was within the express power and authority of the Public Service Commission to cancel any application at any stage, even ......thers..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Govern...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ......ettlement and others……………..Respondents Judgment August 17, 2006. Lawyers involved: MA Quddus Sheikh for Md. Fazlul Karim—For the Petitioners. Md. Shamsul Haque, Assistant Attorney-General with Ms. Quamrunnessa Ratna, Assistant Attorney-General — For the Respondents. W......ssee filed an application being No. D-1483 asking for a sanction of loan from the House Building Finance Corporation, Zonal Officer, Dhaka and on 18-3-1964 the loan of his amounting to Rs. 18,000 was granted in his favour, (Md. Mujtaba Siddique) and the photo copy of the said sanction letter is mark..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......the amended plaint and contending that the plaintiff was never in charge of the Cash section and there was no subordinate staffs under him and that he had no managerial, administrative or supervisory power. 7. At the trial six PWs and three DWs were examined. Besides this, both sides adduced ......ar vs. Chairman, Labour Court, Khulna 31 DLR 301; Indo-Pakistan Corporation Ltd. vs. Chairman, Labour Court 21 DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. Tofazzal Hossain and others 44 DLR (AD) 260; Managing Director, Rupali Bank......ion; that one of the two keys of the strong room of the Bank was kept with him; that he along with the Manager of the Bank jointly used to open the strong room; that the Manager of the branch used to grant leave to the staffs of the cash section on his recommendation and used to write ACR of the sub..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ......endered the petitioner company a sick project. At that juncture the government vide gazette notification dated 15-6-1991 (published on 11-7-1991) Annexure 'A' to the writ petition, constituted a high powered "Cell" with the administrative heads of different ministries, and other institutions run by ......zaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Establishmen......ve, we are of the view that this Rule bears no merit for consideration. Accordingly, it is liable to be discharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007)..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by section 146 of the Paurashava Election Ordinance, 1977 hereinafter referred to as the O......tioner along with four others contested. He got 452 votes with the symbol of 'Machh' while opposite party No. 1 Habuluddin with 'Morog' got 475 votes. Then, opposite party No. 1, hereinafter referred to as elected member, was declared elected. Result of the election was published on 15-5-04. ......error, which resulted in an important question of law occasioning failure of justice. 22. In the result, the Rule is discharged with cost. Cost is assessed at taka two thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......he has inherited from his father Abdul Bepari. Out of .2150 acre of Plot No. 447, some lands were transferred in the name of the Mosque and only 10 decimal remained which is now possessed by him. The power of attorneys dated 3rd November, 1998 and 20th April, 1998 as produced by the plaintiff bank a......rim, Advocate (Khairul Alam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Cour......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
....assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194.......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194.......volved:
Md. Aftab Hossain, Advocate-on-Record-For the Petitioner.
Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1.
Not Represented-Respondent Nos. 2-3.
Civil Petition for Leave to Appeal No.294 of 2005.
(From the judgment and order dated 9.11.2004 passed by the High Court D......ission of students in the said College's Intermediate Class for the 2000-2001 academic year followed by representations made in this regard to the Ministry of Education. But the Ministry of Education granted necessary permission to Matrai Science and Technical College of the petitioner merely on pol..
Category: Others | Date: | Hits: 92
....e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131.......t-in-Opposition has been filed in this case.
9. This Court has at the outset taken note that the crux of this case has to do with the duty to exercise discretion as is implicit in the grant of power earlier under the Nitimala and now under the Act to the respondent to consider and dispose of ......don BC ex p Kayene Lavenson [1975] QB 431, R v London CC ex p Corrie, [1918] 1 KB 68.
Lawyers involved:
Ms Sarwat Siraj, Advocate—For the Petitioner.
Shamsul Hoque, Assistant Attorney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Sy......
Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow ..
Category: Information Technology Law | Date: | Hits: 171
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......against the judgment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being Title Suit No.......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..Category: Property Law | Date: | Hits: 31
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... 14. The findings arrived at and the decisions made by the lower appellate Court do not suffer from any patent illegality or flagrant violation of law warranting interference by this Court exercising power under section 115(1) of the Code. In the light of the findings made before, I do not fi......rs………………………………………..…….. Opposite-Parties Judgment July 20, 2006. Cases Referred To- Narayanganj Paurashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sul...... the plaintiffs now cannot get a decree for permanent injunction. 14. The findings arrived at and the decisions made by the lower appellate Court do not suffer from any patent illegality or flagrant violation of law warranting interference by this Court exercising power under section 115(1) o..Category: Property Law | Date: | Hits: 25
38973893389138903889388838873886388538843881387838773874387338713868386638643861