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Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......o pay a fine, the court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender.” So, it is ver..Category: Criminal Law | Date: | Hits: 37
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......y of the following declaration stated therein and in the petition, the petitioner prayed for many reliefs which are not according to the aforesaid Article. He submits that the petitioner violated the principle laid down in Article, 50 & 51 of the Peoples Order, 1972 in of the People's Order, 1972. H......5 which is as follows: "Where if all the necessary parties have been joined to the election petition, the circumstances that a person who is not a necessary party, has also been impleaded does not amount to a breach of the provisions of section 82 and no question of dismissing the petition under ..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......ll be met. In my opinion, the Court of trial below under misconception of law and facts rejected the said application without directing himself to the legal aspect of the case. It is also the settled principle of law that a suit for partition remains pending till passing of the final decree. There w......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. 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) 99. ......I of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59....... It is the contention of the petitioners that in assessing compensation matters required to be considered were not at all considered and consequently compensation has been assessed at shockingly low amount; that assessment of compensation not being at a due amount same has caused serious financial ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ed Additional District Magistrate must therefore be deprecated as being not contemplated in law. The learned Additional District Magistrate clearly erred in law in not following the established legal principle relating to the appreciation of the evidence. The grievance of the learned Advocate for th...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......was barred by limitation. The contract became unenforceable in law after 31‑3‑1986. The suit was also bad for mis-joinder and non‑joinder of parties and causes of action. The suit was barred by principles of estoppel, acquiescence and waiver. 13. He denied specifically that two contracts we......l 79,35,000 and transferred 2.54 acres of land out of the contract with the plaintiff and 0.86 acre of the contract with his brother Nasir Uddin, defendant No. 3, Plaintiff proved the payment of said amount paid by debit vouchers exhibit 6 series as well as acknowledgments made by the defendant No. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......he said letters and photographs as evidence on record brought by the defence. The above letters and the photographs speak a volume and they cast a serious doubt about the prosecution case. 17. The principle laid down in the celebrated case of Safdar Ali vs. Crown, 5 DLR (FC) 64 is that if on cons......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......l of the cases. On perusal of the provision of Chapter XX of the Code we do not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the principle of Article 35(1) of the Constitution, there is any chance of prejudice to the petitioner. ......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......tiation although this is the very allegation raised on behalf of the defendant-bank both in its written statement as well as in the deposition adduced on their behalf. 50. It is a well established principle that the plaintiff has to prove its own case on preponderance of evidence but from the dis......sented by the seller and thereafter, in accordance with the terms and conditions of the letter of credit, sent a telex message on 18th March, 1986, on its New York Branch, for realisation of the full amount of USS 2,66,600 from the account of the National Bank Ltd, Khulna, maintained with American E..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......lose, with reasonable certainty, that an offence has been committed, then the accused should not be allowed to go scot free merely on technical grounds which render the trial itself bad." 18. This principle was followed in the subsequent case of Haji Hyder Ali vs. Haji Md. Sekender, 13 DLR 119, t......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
....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.
......as been filed by the petitioner reiterating the facts as stated in the writ petition and stating further that since the respondents acted illegally, mala fide and in an arbitrary manner violating the principle of natural justice the instant writ petition is very much maintainable within the meaning ......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: 225
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......d, which affects the suit itself and not merely the regularity or sufficiency of the service or the proceeding, in addition to non-service of summons in order to obtain decree. Falsity of claim would amount to such fraud, though possibly mere perjured evidence, unless the claim was false, would not...Category: Civil Law | Date: | Hits: 66
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......reported in 3 DLR (FC) 58. 19. In the case of Nurul Islam Vs. State reported in 18 BLD 695 it was also held that provision of section 342 Cr.P.C. being mandatory the departure from the fundamental principle of the section causes grave prejudice to the accused since the accused appellant was not g......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
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. ......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. ......rporate tax on this particular Head in its Income Tax return. As Head Office expenses chargeable on the petitioner for branches in Bangladesh by the head office in New York the petitioner debited the amount as “Head Office expenses” in its books of account for the tax assessment year 1989-90 as ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......or special order. So, it is clear that the legislature has not left under section 13 of the Customs Act, 1989 an unfettered or uncontrolled discretion in the hands of the Commissioner of Customs. The principle enunciated by our Appellate Division in the case of Dr. Nurul Islam, reported in 33 DLR (A......ot the consequence, that it has not been treated in accordance with law. It results from the Authority’s refusal to abandon a policy decision and accord it a preferential treatment. This would have amounted to discrimination in his favour and would have taken the decision of the respondents outsid..
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. ......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. ......products of the complainant's mill on 18‑11‑89 for a period of one year, that on different dates the petitioner took delivery on payment of portion of the price of the goods and in the process an amount of Taka 1,51,57,600/50 fell due from the petitioner to the complainant, that upon request of ..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....... that there were allegation against him which adversely affected the petitioner’s career and reputation. Such cancellation without giving an opportunity to the petitioner to be heard is against the principle of natural justice. It was done mala fide and for collateral purpose. A copy of the impugn......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...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....ousand 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 to be repaid in 12 installments and payment will be made in June and December of each year. It was also stipulated that...... 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.......nt hank failed to pay 70% of the IDA credit the plaintiff applied for the balance 35% from IDA credit. But the defendant bank instead of making payment under IDA credit saddled him with a cash credit amount of Taka 3.00 lac from their own fund. When the plaintiff failed to run the mill due to non pa..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. ......se reported in 53 DLR (AD) 79, the learned Additional Attorney-General found it difficult to support the case of the respondent No. 3. The learned Additional Attorney-General frankly submits that the principle of law enunciated in 53 DLR (AD) 79 is fully applicable in the present case. 12. For t......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
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... 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. ......lly entitled to exclude the registration numbers of the petitioners from the impugned notice. It is also the contention of the petitioners that the impugned notice has been issued in violation of the principles of natural justice and the petitioners have been denied of their fundamental rights to ......e, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona fides of the decision in a given..Category: Employment/Service Law | Date: | Hits: 134
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