Search Options
Judgment Advanced Search
Displaying 21-40 of 1362 results.
Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....oriented garment industry to cut and manufacture the garments from the cloth it supplied to the export oriented garment industry. Therefore, the job to have been done by the garment industry is not a contractual job rather a job done under the provision of L/C under the provision of purchase order. ......answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ...... 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declara..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)
....stay granted earlier by this Court at the time of issuance of the said rules, thus, stand recalled and vacated Communicate this. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 270 ......n 5 Ga Ga of the Bank Companies Act, 1991 ("the said Act") and the respective companies or establishments of the petitioners had become defaulters before such amendment came into force, the rights of the petitioners not to be included in the definition of 'defaulter borrower' ..Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11
....
shall also send.
The name, address including email address, telephone and facsimile number of the Respondent,
A copy of the written arbitration clause together with a copy of the contractual documentation in which the arbitration clause is contained or in respect of which the ar......ing of the defence. However, the right might be lost any other unequivocal act which invokes the jurisdiction of the Court to deal with the substance of the claim without a proper reservation of rights. Care, therefore should be taken expressly to indicate the intention to apply for a stay..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......procedural safeguard against abuse must be implied in the Act so that the person adversely affected is not taken by surprise and get a reasonable opportunity to be heard before he is condemned or his rights or interests are taken away as well as ‘the public may be able to rely on the law to en..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......eniority with effect from the date of appointment or regularization of service amounts to deprivation and denial of opportunity in the matter of employment and thus, violative of the fundamental rights guaranteed under Article 29 of the Constitution. The High Court Division further found that &..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....as a quasi equitable remedy, about which Lord Pearson stated, " Promissory estoppel was far removed from familiar estoppel by representation of fact and seems to be more like waiver of contractual rights" (Woodhouse AC Israel Cocoa Ltd. Vs. Nigerian Produce Marketing Co. Ltd. 197......tion that if a man sees as a privilege to which he has no particular claim, he can be turned away without a word. 27. Right to be heard is, beyond qualm, an indispensable safety valve to protect rights of the postulants: it is an integral part of the principle of fairness. 28. By developin..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......erty after disposal of the Civil Appeal Nos.201 of 1999 and 202 of 1999 pending before the Appellate Division and, as such, the plaintiff constrained to file the suit for protection of his legal rights. 4. The defendant Nos. 1-5 contested the suit by filing a written statement denying the ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......her seized articles solely on the basis of the Mortgage Registers without considering the claims of the petitioners, all the claimants and the mortgagors would highly prejudice their lawful rights and this would tantamount to denial of justice to the petitioners. The money lending transact..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ...... Rahman J, (as his Lordships then was) in the case of Md. Aslam Vs. State 19 DLR (SC) 242 in the following words: " ...... When the law is altered during the pendency of an action, the rights of the parties are to be decided according to the law as it existed when the action was begun..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......10-2013 is ex-fade illegal, mala fide, unwarranted and without lawful authority because the same has been made in violation of the Circular 2-9-1991 and devastatingly affecting the valuable rights of the petitioner and other seniors who have the rights to be promoted ahead of 'their ju..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......any particular person, the reporter stated that if the abhorrent practice of- forgery continues in case of respectable persons engaged in the matters of law, justice and protection of human rights, then it is a dire warning for rule of law and justice. The final recourse for the citizen be..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......dmasters and Assistant Headmistresses and if any promotion is given on the basis of the said notification the same will affect the seniority of the petitioners which is violative of their fundamental rights as guaranteed under the Constitution of the People's Republic of Bangladesh (Annexures-G ..
Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
...... genuine can only be determined through investigation and sifting of evidence.
(g) Interest of the victim in particular and the society at large must be taken into account in weighing respective rights.
(h) If satisfied in all respects, the High Court Division shall dispose of the applica&..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
....ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......ion (Amendment) Act, 2013 (published in official Gazette on 20-11-2013), should not be declared to be void and ultra vires to the Constitution of Bangladesh as being violative of the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"A”) a..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......ce with the principles of substantial justice and fair play in action. The principles of natural justice are those rules which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......rent powers of a Tribunal are in addition to and complementary to the powers expressly conferred upon it by other provisions of the Act of 1973. They are not intended to enable the Tribunal to create rights for the parties, but they are meant to enable the Tribunal to pass such orders for ends of ju..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Md. Nuruzzaman (Noni) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....fructuous. The order of stay granted earlier is hereby vacated. There will be no order as to costs. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......e private universities from paying VAT, in exercise of power as provided under section 14 of the VAT Act, 1991 which is a glaring instance of discrimination and thus, violative of their fundamental rights as guaranteed under Articles 27, 29 and 31 of the Constitution. 10. Ms. Amatul Karim, t..Category: Fiscal/Taxation Law | Date: 20 Nov, 2013 | Hits: 24
Golam Sarwar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ke necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 350; 2 CLR (HCD) (2014) 301; 23 Karadalat (HCD) (2014) 15 ......e shall be limited to the extent to which the estate of the deceased is capable of meeting the liability. (4) For the purposes of this section and other provisions of this Ordinance in which the rights, interest and liabilities of the deceased arc involved, "legal representative" incl..Category: Fiscal/Taxation Law | Date: 14 Nov, 2013 | Hits: 4
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... of the power is a statute, or subordinate legislation under a statute, then clearly the body in question will be subject to judicial review. If, at the other end of the scale, the source of power is contractual, as in the case of a private arbitration, then clearly the arbitrator is not subjec......f the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights are raised, the sanction under Article 102(1) is clearly of availability of redress against &..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
96939560960296569188898388499593904895828990915395928726959096858830855193609576