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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. ...... This Case is also Reported in: 56 DLR (2004) 12. ......n that case, held that "If the trial Court's judgment is such that it cannot be termed as a judgment at all in accordance with the requirements of section 367 of the Code, then an order for writing a proper judgment may be necessary and desirable". 14. In the case of Kashem vs. State, 40 DLR (AD)......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
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ...... Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in short, is that 2‑4‑2001 was fixed fo......e power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found necessary for coming to a proper decision in the case. This section is never intended to give a premium for further cross-exam...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
....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.
......iginal Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zill...... place (Annexure E) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. In the writ petition it has been stated, inter alia, that on 19‑5‑2002 the petitio......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
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ountry for local consumption and without being scrapped. A seaworthy ship is classified under Chapter 89 and falls under HS Code No. 8901.90 which on import or in running condition stays assemble and complete with all what it holds. But while a ship is imported and declared before the customs for be...... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M.......r then it is called "dead weight". The scrap vessel is dutiable item as per Customs Act on the basis of LDT and not on the basis of dead weight of the vessel. The scrap vessel is classified under its proper heading No. 89.08 and other movable and consumable goods are classified under their respectiv......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ng not maintainable in law. 6. Nikhilesh Dutta, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submits that the impugned order of dismissal is a self-contained complete order without any reference to the approval of the Board and the learned Courts below havin...... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......her hand, submits that the impugned order of dismissal is a self-contained complete order without any reference to the approval of the Board and the learned Courts below having concurrently found, on proper appreciation of the evidence on record, that the impugned order of dismissal is patently, ill......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
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.......t down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......sion and obtained this Rule. 6. At the hearing Mr Khurshed Alam Khan, the learned Advocate for the petitioner, submits that there has been no mention in the judgment of both the courts below about proper observance of the mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC ......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)
.... they were incurred wholly and exclusively for the purpose of business in Bangladesh. It is then stated that section 82 of Income Tax Ordinance, 1984 provides for acceptance of returns as correct and complete if the return is accompanied by certificate of Chartered Accountant in prescribed form unde......ion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: ......ss in Dhaka with a foreign-exchange licence dated 5th September, 1972 under the Foreign Exchange Regulations Act, 1947. The petitioner company has its branches in different cities of Bangladesh under proper and valid authorities. Until 31st December 1975 head office expenses which include actual adm......deductible expense in Bangladesh and the decision having been accepted by the Income Tax Department the same was not referred to the High Court Division of the Supreme Court of Bangladesh for further adjudication. Position being such on appeal the petitioner continued to submit assessment returns sh..Category: Fiscal/Taxation Law | Date: | Hits: 132
.... ‘A (1)’ Mr. Abul Hossain Talukder subsequently resigned and the petitioner having got the responsibility of the Special Public Prosecutor conducted the case efficiently honestly upto 10-9-89 and completed the examination of 7 (seven) witnesses. The petitioner had to file a petition before the t......pecial Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Refe......s denying the truth of the allegations of threat. On enquiry it was found that some cases were also filed by some of the witnesses of the Session case in question on the allegation of threat and upon proper investigation by the authority concerned the allegations were found false and in some cases, ......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)
....ut 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 provision of the Code and for doing complete justice when the mill had been closed down due to non co-operation of the bank we are incli......se is also Reported in: 52 DLR (HCD) (2000) 75.......bank increased the cash credit limit to Taka 4.00 lac but at the same time they deducted the IDA credit amount already received by the plaintiff resulting in the plaintiff’s failure to run the mill properly. When the plaintiff prayed for further amount the defendant bank wanted hypothecation of th...... 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...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....nner‑city decay and neighbourhood collapse but the Government diverted this fund to convert the parks (known as windows to the city) at the residential area in Mirpur and other places into habitats completely blocking the breathing open space causing environmental degradation thus frustrating the ...... Case is also Reported in: 55 DLR (2003) 1. ......l authority and of no legal effect and why they should not be directed to develop the same vacant space as a park and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, inter alia, is that the then Government of erstwhile East......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)
....is clearly arbitrary and mala fide on the part of the respondent No. 1 PSC to deny the petitioners right to participate in the final stage of recruitment process on the so-called pretext of alleged incomplete applications after the petitioners' completion of almost all the stages of recruitment ex...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ......e respondent No. 2 should not be declared to have been made without lawful authority and to be of no legal effect and/or such other of further order or orders passed as to this Court may seem fit and proper. 2. The petitioners, namely, Dr. Abeda Begum, Dr. Md. Borhanuddin Howlader, Md. Faizur Rah...... 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. ......s Case is also Reported in: 59 DLR (2007) 173. ......-Q to the writ petition should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddiq......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. ..Category: Property Law | Date: | Hits: 29
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. ......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......ittee as notified in the Bangladesh Gazette dated 4-2-1997 by the respondent No. 2, Banking Division (Annexure E) and/or such other or further order or orders passed as to this court may seem fit and proper. 2. To appreciate the points that have been canvassed before us, it will be convenient to ......n consequence, finding no other alternative the respondent bank instituted the mortgage suit in accordance with law on 13-9-1995. But even after more than ten years it failed to reach its finality by adjudication due to the dilatory tactics of the petitioner company. 10. Mr. Akhand lastly, on dra..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. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Refer......al lies and if such Court appears to have committed any error of law resulting in an error in such order occasioning failure of justice, and revise such order and make such order as it thinks fit and proper. In the case before me, second Joint District Judge was appointed the Election Tribunal at Sh...... 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. ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....le as not maintainable. 7. Mr. Munsurul Huq Chowdhury, the learned Counsel for the petitioner submits that the suit having been disposed of ex parte by the Artha Rin Adalat No. 4 on the basis of incomplete deposition of P.W.1 behind the back of the defendant-petitioner, the impugned notice for sa......nstructed 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 Court Division in Writ Petition No.10926 of 2006.) ......it No. 77 of 2000 for a preliminary decree of Tk. 85,66,535/- and in case of failure to pay the decretal amount, for passing a final decree for recovery of the decretal amount by selling the schedule property. The respondent No. 2 is a financial institution and was established under the Banking Comp......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
....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.......cation 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 the petitioner to broadcast, import progr......tioner to broadcast, import programmes of STAR channels and to act as a distributor of foreign channels in Bangladesh or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner is a private limited company incorporated under the Companies Act, ......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...
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. ......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa......e defendant contested the suit by filing written statement denying all material allegations made in the plaint. Its case, in short, was that the plaintiff knowing full well, being satisfied and after proper survey, participated in the auction bid along with other bidders. The plaintiff being highest......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. ......ase is also Reported in: 59 DLR (2007) 112. ...... initial stage of the suit and, as such, the trial Court found that at the hearing of the suit no such objection was permissible. He lastly submits that the judgment of lower appellate Court is not a proper judgment as contemplated under Order XLI, rule 31 of the Code. 9. Mr. Khurshed Alam Kh...... 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. ..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98....... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch...... 'kha'; that Delwar Sheikh has transferred an area of 11.82 acres of land only out of schedule 'ka' and 'kha' by an unregistered deed of Heba dated 19-61948 and thereafter he died leaving behind no properties; that the land of schedule 'ga' and 'gha' belonged to Maherunnessa, predecessor in intere...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. .................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S...... of the child. "Thus, the Court of Chancery gave itself power to protect the child against parents/guardians with immoral and profligate habits. Essentially, the Court took interest in protecting the property of the child. This was taken a step further in 1828, even though no property rights was in ......and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners, the essential aim..Category: Criminal Law | Date: | Hits: 167
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