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Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......plication was registered as Miscellaneous Case No.21 of 2006. The Artha Rin Adalat upon hearing the parties dismissed the petition on the ground that the applicants did not deposit 25% of the total amount required under section 33(2) of the Artha Rin Adalat Ain. Thereafter, they renewed their pr..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......itioner Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be se...... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ....... As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgme..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... notice/summons issued by the Court concerned. The concerned officers of the defendant-Bank, subsequently, on receipt of notice issued in Summary Suit No.16 of 2005 regarding payment of the decreetal amount examined the connected records and filed an application on 24.04.2006 under Order XXXVII, rul..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......on for registration filed by the respondent No. 4 against which the respondent No. 4 has preferred BLL Appeal No. 199 of 2010 where the petitioner bank wanted to be added as party. 17. The basic principle of law for addition of party in a proceeding particularly which is of civil nature is that......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ll have a minimum 3 (three) years general experience in handling or delivery of cargo or container or both, or loading or discharging of vessels or lighter or both in any sea port”, which clearly amounts to proper guidelines/criteria for assessing “general experience”. Further, it has been ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ph 13, it has been held "The powers to release ah accused-person on bail under section 498 CrPC are virtually unlimited and the question is entirely one of discretion bearing in mind the general principle that in refusing bail it is generally necessary to see whether there are reasonable ground...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......n to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a principle evolved by equity to avoid injustice and through commonly named 'promissory estoppel&#......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......50,000 out of the total consideration of Taka 60,000 for selling the land appended in the schedule to the plaint. On the date of bainapatra it was stipulated that the plaintiff would give the balance amount of Taka 10,000 within three months and that defendant No. 1 would execute and register deed o..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......go to the Administrative Tribunal unless the Government takes a decision in the matter which was evidently in the exercise of its revisional power under Section 7A of the Ordinance. 17. The principle expounded in the case referred to above does not apply to the facts and circumstances......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......e over
possession of 1.54 acres of land out
of writ-petitioner's 20 acres
lease-hold land without serving any notice upon the writ petitioners have been
illegal and also in violation of the principle of natural justice.
11.
We do not find any wrong or illegality in the above findings......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......t; helps in avoiding any inconsistency either within a Section or between two different Sections or provisions of the same statute. On a conspectus of the case law indicated above, the following principles are clearly discernible:— (1) It is the duty of the Courts to avoid a head-on ......11-2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corporate Branch, Dhaka (Respondent No.7) under memo No. BBA/ GAD-1/14930 stating that the petitioner was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30-11-2008. 4. The second source was a letter issued by the ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......nder:— In the instant case the provision of the section 28 cannot be applied inasmuch as the limitation of 6 years expired prior to promulgation of the new Act, 2003..." The same principle is also applicable in this case which means that section 28(4) of the Ain, 2003 cannot be ......om it and also regarding disallowance of Taka 3,00,00,000 obtained as bridge loan from Grameen Kalyan. The Commissioner of Appeal only reduced some disallowances from the expenditures of the assessee amounting to Taka 35,000. Accordingly, the DCT on 13-5-2001 recomputed the income of the assessee at..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......used the prohibited consequence of a crime, the fact that the accused did not foresee the precise way in which those circumstances occurred does not affect his criminal liability. 11. This principle is illustrated in RV Pitts (1842) C&M284 as under: "If Y, under apprehension......e prosecution attract an offence punishable under sections 302/34 of the Penal Code. 4. It is argued that the facts proved by the prosecution do not come within the mischief of culpable homicide amounting to murder and therefore, the conviction is illegal. It is further contended that the knowl..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......500. But the respondent Nos.1 and 2 failed to remedy the problems faced by the petitioner. The petitioner still has credit with the respondent Nos.1 and 2 company, as admitted by the respondent No.1, amounting to US$ 59,500. There had been meeting on 12.1.2010 in between the parties with a view to r..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......bitrarily and illegally issued the impugned order without serving any notice under Section 55(1) of the Act leaving the petitioner without any opportunity to defend his case. Therefore, violating the principle of natural justice the respondent No. 3 issued the impugned order which is to be declared ......to why the impugned order dated 18-3-2007 passed by the Respondent No. 3 demanding Taka 87,14,891.68 as VAT alleging to be less paid during the period of 21-9-2006 to 28-2-2007 and adjusting the said amount by deduct ion in the current account register and stopping the supply of the goods till havin..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ......title in the land involved in the case on the basis of purchase from said Dolly Rani Sen by registered kabala and thus, it is clear that he did not make any claim through the testator. Therefore, the principle of law enunciated in the said two cited cases is squarely applicable to the instant case a......appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......case for demand of monetary compensation or compensatory cost. Finally, the question is whether the detenues are entitled to get such compensation or compensatory cost. Generally, the recognized principle of law is that the victims are entitled to get compensation enforced through the civil Cou......(1) are identical with those of the Article 32 of the Indian Constitution so far as those relate to the enforcement of fundamental rights. The interpretation of Article 102 should be guided by the paramount object and purpose for which the Article has been enacted and its interpretation is inextrica..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ...... the machine which was immediately informed to the respondent No.1 who upon admitting the fault committed by them assured the petitioner that they will address the matter and shall not encase the L/C amount. However, the petitioner intends to invoke the arbitration clause for which the petitioner se..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......oes not obey this rule, Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violation of the elementary principles of natural justice- 'Inaction' of the respondents manifested in not giving t......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
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