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Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......tion of Statute. Interpretation on section 1 (2) of the Bill read with declaration made in the Fourth Schedule sought by learned Advocate seems to be an isolated and, as such, is untenable. It is the principle of interpretation of a statute that it shall be interpreted as a whole for carrying out it......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ombay Municipal Corporation and others and Vayyapuri Kuppusauni and others Vs. State of Maharastra and others reported in AIR 1986 Supreme Court 180 wherefrom he shows some observations as regard the principle of natural justice. Observation is as below- “In our view the principles of natur......stressed families in the place of their original abode. Under the scheme, the Krishi Bank provides for transportation of these families to their respective place of residence and offer them loan, the amount of which varied depending on their need and occupation they want to adopt.” We are i..Category: Property Law | Date: | Hits: 60
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......e submits on the authorities that the concurrent order allowing review does not call for interference by this Division under section 115 of the Code. 9. In reply, Khaled Ahmed submits that the principle enunciated by the Appellate Division in the unreported Case cited by Enayet has no manner ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......pectful or undue hindrance or interruption in the course of judicial proceedings constituting as it does, a challenge to the Court’s authority deserves to be severely dealt with.” The same principle, upholding the authority the Court, applies in this country also. But such extraordinary p......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......and similar notice was also issued by Annexure.2 dated 27th July 1997 which shows that the said owner (respondent No.4) asked the petitioner to vacate the house on the ground of non payment of rental amount to the respondent No. 4 by the cheques issued by the petitioners which were dishonored by the..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......ocedure the Court can also exercise its inherent power in order to stop such exhaustive limitation added for harassing the other party again. Justice Murshed has held as follows: “The principles involved as two-fold: in the first place, it contemplates that a still-born suit should b......BLD (AD) 247, 44 DLR (AD) 242- “a resort to section may be made in the interest of justice in an exceptional Case where the suit is foredoomed and it is allowed to be proceeded with, it will amount to an abuse of the process of the Court.” From a reading of the plaint the fate of t..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......sense of the term, a Court of law is any duly constituted tribunal administering the laws of the state or nation. In a narrower sense Courts of law are those which administer justice according to the principles of equity. “.........................................................” Civil Courts a...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
....
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
...... is impliedly prohibited resorting to the constitutional provision that the State shall adopt effective measures to prevent prostitution in Article 18(2) of the Constitution providing the fundamental principles of state policy. The learned Counsel has further submitted that wholesale eviction of the......hem as unwanted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly pay rent to the landlords as well as a large amount of money to different authorities including the law enforcing agencies and contribute to the ..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......han Kabir, (brother of the deceased), Advocate Ashraful Islam Dulu (P.W.6) (brother-in-law of the deceased) and professor Farida Yasmin (P.w.2) (sister of the deceased) and asked them to pay the rest amount of dowry without delay. They sometimes used to threaten them (informant and his relations) an..Category: Criminal Law | Date: | Hits: 43
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......or is a co-sharer in the case land by purchase and the pre-emptee is a stranger purchaser and the pre-emption case is within time. The only point raised was that the preemption case was barred by the principle of waiver, estoppel and acquiescence but the High Court Division on consideration of the m...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......titioner upon such promise acted upon it and spent money in filling earth in the said land. On the other hand the respondent No.4, CPA in annexure-W dated 19.06.2001 in an unequivocal terms agreed on principle to lease out the said land to the petitioner and respondent No.5 the controlling authority...... informed the petitioner through Annexure-C that the respondent Nos.1, 2 and 3 are not the proper authority to lease out the land in question to the petitioner. The respondent No.4 received pay order amounting of Tk. 7,68,922.00 as mentioned in paragraph Nos.10 and 22 of the writ petition as payment..Category: Property Law | Date: | Hits: 33
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......No.17 of 2009 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. It appears that the High Court Division correctly followed the principle laid down in the case of Nausher Ali Sarder and others Vs. The State reported in 39 DLR ......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......aneous case was allowed in part by the Claims Tribunal and held the respondent Nos.1 and 2 vicariously liable for the negligence of the driver of the bus, as such, they were directed to pay various amounts of compensation with interest at the rate of 12% per annum till realization of the entire am..Category: Civil Law | Date: | Hits: 96
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......of total consideration of Tk. 34,500/- (Taka thirty four thousand five hundred). It had been stipulated therein that he would execute a sale deed in favour of the plaintiffs on receipt of the balance amount after mutating the suit property. As per terms of the agreement the plaintiffs requested in J..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......of Rule 22 of the First Schedule of the 1966 Act and in terms of the Airway bill but the High Court Division committed an error of law by awarding interest at the rate of 8% per annum on the decretal amount in violation of the aforesaid Rule 22 and the Airway bill. 7. The above submissions of..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......report. Thereafter the plaintiff by its letter dated 26.05.1999 submitted its loss claim for Tk.33, 98,244.05. The defendant No.1, Shadharan Bima Corporation, instead of making payment of the claimed amount in terms of the policy, advised the plaintiff to file a suit against the inland carrier for d..Category: Business or Commercial Law | Date: | Hits: 186
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......ail stating that the respondent No.1 Md. Abul Kashem took different type of loans from the aforesaid bank and the outstanding loan stood at Tk.15, 44, 32,437.31 till 30.11.2008 and he did not pay any amount of loan and as such he is a loan defaulter.
5. The Sonali Bank Limited also informed the s..
Category: Election Law | Date: | Hits: 116
....mam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking possession Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt therefore. While owning and possessing the buil......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......refore. While owning and possessing the building, said Imam Box made a contract with the petitioner for sale of the building at a total consideration of Tk. 19,000/- on 31.12.70 and out of which an amount of Tk. 10,000/- was paid to the original allottee Imam Box who then executed a Bainanama date..
Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ecided in the instant preemption case, although against the pre-emptor. On these findings, the learned Judge of the High Court Division held that the issue of co-sharership is not barred by the principle of res judicata, waiver and acquiescence, as submitted on behalf of the pre-emptor. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
....parties' lawyers on 21.09.2002. Instead, at the meeting and thereafter, the respondent proposed various modes for settling the outstanding amount for the months of July and August 2002, especially by installments. Even at that stage, the respondent did not claim his alleged 750 million Taka. On 26.0......sa fifty one).
8. It was stated here that the respondent submitted its counter claim at the arbitration proceedings only to avoid the payment as claimed by the petitioner. It is a well settled principle of law that no allowance can be made for damages, which are remotely connected with the wr...... defaulted in paying the said sale proceeds which caused the present petitioner to lose substantial money. The instant petitioner, then formally requested in writing to the respondent to pay the said amount of BDT 32,21,50,666.51/-. The respondent denied the claim of the petitioner.
3. The presen..
Category: Alternative Dispute Resolution | Date: | Hits: 207
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