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BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......ntistar Builders Vs. Narayan Khimlal Totame AIR 1990 SC 630; Block Bastuhara Committee AIR 1987 Cal 1251; Olga Tellis Vs. Bombay Municipal Corporation AIR 1986 SC 180. In the above decisions cardinal principle has been laid down to the effect that the right to life which is guaranteed under the cons......uaranteed under the constitution includes the right to livelihood and since they will be deprived of their livelihood if they are evicted from their slum and pavement dwellings, their eviction is tantamount to deprivation of their life and is hence, unconstitutional. 8. Mr Md Jafar Imam, the lear..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......y of the judgment. The recorded talk establishes beyond doubt that HM Ershad was frequently talking with the learned judge even prior to the delivery of judgment for reduction of the sentence. The principle of law is that communication with a judge for the purpose of influencing him on the subj......ery of judgment for reduction of the sentence. The principle of law is that communication with a judge for the purpose of influencing him on the subject matter of the case pending before the judge amounts to contempt of Court. See Jawand Singh Vs. Om Prakash, AIR 1959 (Punj) 632. In In re-Dyce S..Category: Criminal Law | Date: | Hits: 130
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......ch necessitated change of the design. Thereafter, he did not work. It is also not disputed that opposite party never made any formal demand before the petitioner either by submitting any bill for any amount due to him or by otherwise. Opposite party avoided all the requests of the petitioner for dis..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......dis deposed that the cargo was booked for the vessel Sargodha but it was not carried by the vessel due to technical reasons. Therefore, considering the evidence both oral and documentary and also the principle as enunciated in the aforesaid ‘four corners’ rule it can be said that the defendants ...... and late delivery of cargo. Initially, the plaintiff laid the claim for Taka 45,00,962.00 on account of damages for non delivery and or late delivery of cargo. The amended claim is for the aforesaid amount for damages and compensation under different heads as detailed in paragraph 6(c) of the plain..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
....n 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) 7.......rson whose interest based on legitimate expectation might be affected, If a denial of legitimate expectation in a given case, denial of right guaranteed or biased gross abuse of power or violation of principle of natural justice, the same can be questioned on the well-known grounds attracting Articl......posal by publishing notice in the newspapers (vide Annexure-E). Though the petitioner was surprised by the said move of the Government collected a bid document on payment and deposit of the requisite amounts. (Annexure-G, G-1 and G-2) Out of five originations that had purchased the bid documents onl..
Category: Civil Law | Date: | Hits: 92
....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 4.
......r Karkhana Ltd., reported in 1 (1992) BC 487. The learned Advocate contends that these two decisions indicate that in Banking transactions Bank-guarantee may be construed cash money and following the principles of law enunciated in these two decisions he submits this Memorandum of Appeal may be acce...... Rin Adalat Ain the defendants had to file the Bank-guarantee for enabling them to prefer appeal under section 7 of the Artha Rin Adalat Ain which provides for payment of at least 50% of the decretal amount within 30 days from the date of the decree for preferring the appeal. It is submitted that th..
Category: Banking Law | Date: | Hits: 108
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......nexure-A2) are wholly illegal. He further submitted that names of the petitioner Nos.1 and 2 were included in the said report without giving them any opportunity to be heard and thereby violating the principle of natural justice though by such inclusion they were debarred from getting loan for their...... Mills was granted cash creditor loan limit of Taka 35 lakh on 2-5-88 from the respondent No.6 IFIC Bank and the said loan was granted for a short period up to 30-9- 88 on hypothecation of goods. The amount with interest was increased to Taka 121 lakh and remained overdue even after 30-9-88 and, as ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ....... demands fixing the price of the petitioners product other than the price declared by it duly supported by cost analysis have been made In clear violation of Rule 3(3) of the VAT Rules, 1991 and the principle of natural justice as no hearing was given to the petitioner prior to such fixation of pri......ce of the Mosquito Coils of the petitioner should be the price as fixed in respect of ARS and Cock brand mosquito Coils with effect from August 1995 and accordingly directed the petitioner to pay VAT amounting Taka 1,14,688.70 alleged to be paid less due to the price fixed by it with effect from Aug..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364.......or amendment in order to delay the purpose of the suit. 6. I have perused the impugned order and considered the submission of the learned Advocate for both the parties. It is by now an established principle of law that wrong description of section would not be a bar in allowing proper relief unde......ept on emergent ground. The office is directed to send a copy of the order at once to the Court of the learned District Judge, Mymensingh. Ed. This Case is also Reported in: 53 DLR (2001) 364...Category: Procedural Law | Date: | Hits: 86
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ame within the Pourashava area, but did not give declaration of import of petroleum at the entry point as well as did not pay octroi dues as per the Rules. So the plaintiffs had been deprived of huge amount of octroi. 8. The principal defendants contested the suit by filing a written statement de..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Rana Vs. State, 2010, 39 CLC (AD)
....n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......n behalf of the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 629, 15 MLR (AD) (2010) 173, VIII ADC (2011) 899.......Case No.62 of 2002, in convicting the petitioner and another under Section 394 of the Penal Code and sentencing them to suffer rigorous imprisonment for a period of 10 (ten) years and also to fine an amount of Tk. 10,000/-, in default to suffer rigorous imprisonment for a further period of 1 (one) y..Category: Criminal Law | Date: | Hits: 39
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611........ We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611.......and). 4. The suit was decreed on contest with cost on 23.02.1991 with an order that the plaintiff bank is entitled to get Tk.7,34,435/- from the defendant Nos.1 and 2 who shall pay the half of the amount and the defendant No.3 shall pay the another half to the plaintiff. 5. The decree holder-b..Category: Civil Law | Date: | Hits: 77
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604.......ers in the disputed holding because of separation of Jama. The case has been filed on the basis of some false allegations. After purchase they developed the case land by filling earth spending huge amount of money etc. 4. The learned Senior Assistant Judge, Gazipur allowed the pre-emption by th..Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......benefit of the minor and received Tk. 30,000/- as advance money on the date of signing the agreement on 29.12.1984. There was a condition that the plaintiff might pay Tk.50,000/- from the rest of the amount within a week and the rest will be paid within 3 years from the date of signing the agreement..Category: Property Law | Date: | Hits: 25
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590.......document relates is situated. In the present case it is found that the land which was included in the impugned sale deed was not within the jurisdiction of Palong Sub-Registry office. It is a settled principle that where no part of property to which document relates is situated within the jurisdic......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...Category: Property Law | Date: | Hits: 21
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... debtor petitioner filed an application dated 12.10.2008 under Section 19(1) read with Section 57 of the Artha Rin Adalat Ain, 2003 praying for passing an order for payment of the decreetal amount by installments as provided under Section 49(1) of the Artha Rin Adalat Ain, 2003 under compelling ci...... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......e judgment debtor petitioner filed an application dated 12.10.2008 under Section 19(1) read with Section 57 of the Artha Rin Adalat Ain, 2003 praying for passing an order for payment of the decreetal amount by installments as provided under Section 49(1) of the Artha Rin Adalat Ain, 2003 under com..Category: Civil Law | Date: | Hits: 73
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......ving not acquired the citizenship of any other country his citizenship of Bangladesh which he acquired long before cannot evaporate and he continues to be a citizen of this country.” 22. Similar principle is also laid down in the case of Abdul Khaleque Vs. The Court of Settlement and others, re......squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......e of discretion in granting reliefs to the litigants but let it be known also if it is not already known that such discretion must not be arbitrary but judicial discretion, based on established legal principles, handed down to us over the centuries. 13. In the instant case, the FIR disclosed dire......minate grant of bail, however, merely on the request of a person, who appears in Court, and thereby surrenders himself to that Court, without the other conditions for such bail being satisfied, would amount to an act of judicial extravagance which cannot be countenanced.” 21. This Division, in ..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......…………straightway ignore the international obligations which a country undertakes. If the domestic laws are not clear enough or there is nothing therein the national courts should draw upon the principles incorporated in the international instruments." In the case of Apparel Export Promotion C...... clear instance of gender based discrimination perpetrated by a state official. She further submits that the impugned action is an example of attempts to impose dress codes on women and such attempts amount to violation of fundamental rights of women as enshrined in the Constitution. She then submit..Category: Constitutional Law | Date: | Hits: 201
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283....... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......t be in a position to make cash payment and requested for delivery of potato on credit and accordingly, the potato was delivered on credit on such representation and after the end of the year a total amount of Taka 2,00,826.00 became due for delivery of potato to the accused persons. On demand on se..Category: Criminal Law | Date: | Hits: 39
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