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R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Respondents Jud......passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts are that the petitioner company is incorporated under the Compa&s....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....petitioners on the other hand has not been proved in the face of the slenderness of evidence on record and in this perspective, the alleged tenancy is a mere figment of imagination, but the SCC Judge completely disregarded this fact to the great prejudice of the petitioners. 11. On the contrary......e is also Reported in: 61 DLR (HCD) (2009) 518. ...... the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No. 2 of 1997 should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
...... J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a......tter of Credit against master Letters of Credit sent by its foreign buyers, from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with the authority and released from the warehouse for use for man......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....rt published in the national daily newspapers, the members of a political party are raising money to pay the fine imposed upon the resÂpondent No.4 and obtain release of the said respondent which is completely contrary to the legislative intent of not allowing an accused to benefit from his crimes.......eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ......ondent No.4 and why the respondent No.4 should not be directed to pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedicated and ardent human rights activist and an Advocate of ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....an and was sent up from that school to appear in the S.S.C. examination of 2005. Since the recording of statement of the victim under section 22 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 has been completed and the victim has been suffering from ailment physically and mentally in the safe custody......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h...... may pass an order to put any woman or child in custody of Government authority in a place selected by the Government for this purpose or in the custody of any person or organization as may be deemed proper by the Tribunal outside jail. This is an enabling provision. The amended Sub-section (8) to S......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....any difficulty on the part of the respondent in disclosing such facts.
In the instant case the petitioner admittedly agreed to act as the Manager to
the issue and he also undertook amongst other to complete the preparation of
prospectus as per regulatory requirements and filing for approval. But ......CD) (2008) 57.
......F) should not be declared to have been held and initiated
without lawful authority and to be of no legal effect and or such other or
further order or orders passed as to this court may seem fit and proper.
2. The petitioner
is a Bangladeshi Private Limited Company represented by its Chief Ex......
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....r his tenure was extended for another two terms and after a gap of 3 days he has been working continuously since 13.03.2001 till date. First party was initially appointed as a skilled worker having completed or deemed to have completed his period of probation after the expiry of 6 months. 4.......ported in: 28 BLD (HCD) (2008) 427. ......the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this Court may seem fit and proper. 3. For the sake of brevity and convenience we would like to discuss, in brief, the res......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......8) 40; 13 MLR (HCD) (2008) 233. ...... of Bangladesh, issued the following Rule on 27-5-2001 upon the respondents: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why they should not be directed to take proper steps and measures for recovering the arrears of telephone bills from the Members of the Parl......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....of the notice has been marked as Annexure-'B'. Under the provisions 10(2) of the National University Employees (Discipline and Appeal) Regulations, a disciplinary proceeding must be completed within 180 days. Clause 10 of the service Regulations reads as follows:- ১০। à¦......……………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......up as yet and the time for concluding the proceeding is 180 days under Regulation No.10 which have elapsed long before filing this writ petition as such the impugned orders are malafide, without proper application of mind and thus not sustainable in law. The learned Advocate referred two o......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....s of this Act, shall apply to all warrants issued and arrests, searches and seizures made under the Act. Suffice it to say that the Narcotics Control Act, 1990 or Special Powers Act 1974 are not complete Codes, relating to search, seizure or arrest of the offenders for violation of the off......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&...... to be speaking from recollection along, undiverted by any personal motive, or in the alternative, they should be speaking before the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that t......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Ershadul Vs. State, 2006, 35 CLC (HCD)
....he Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prosecution case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviation f...... The Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prosecution case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviati......e learned Advocate appearing on behalf of the appellant submits that the appellant is innocent and he has been falsely implicated in the case. He next submits that the appellant was not examined properly under section 342 of the Code of Criminal Procedure and the charge framed against the appel......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is disÂmissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ......he Adalat as he was absconding from the very inception of the case. 7. In the circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon proper consideration of the materiÂals on record arrived at a correct deciÂsion. We do not find an......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is disÂmissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....reement for sale; the defendant No.1 being the Vendor, would obtain the permission from the Government or any other authority which might be required for transÂferring the suit property and would complete the sale as soon as possible; that if the defenÂdant No.1 caused any undue delay to effec......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005......Suit No.279 of 1999, dismissing the suit. 2. The appellant as plaintiff instituted the suit No.279 of 1999 against the defendants for specific performance of contract in reÂspect of the suit property measuring 1 Bigha 13 Katha 14 chattacks and a pucca building standing thereon situated at ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....ossesÂsion of the suit land. During the survey operation under the State Acquisition and Tenancy Act, one Debendra Chandra Bhattacharjee was the Shebayet of the plaintiff and he was a simple man and completely under the influence of one Suresh Chandra Roy under whom he used to serve. Taking the adv......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and othÂers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ....... Respondents (In both the appeals) Judgment December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the d......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is disÂmissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....l as illegal and inoperative. I have gone through the
decisions referred by Mr. Siddique and bear no disagreement with those. But in
the instant case the facets as well as the relief sought for are completely
different from those cases. The instant suit is not a suit for simple
declaration of th......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
......that exhibits marked as Ka -Sa on behalf of the defendants
amply show that the proceeding of her dismissal was not taken by the
resolutions of the Governing Body of the College in it's meeting held properly
and in accordance with Rules of the Board of Intermediate and Secondary EducaÂtions
Gove......pposite party No.1 in his secÂond and last submission
urged that the suit is bad for defect of parties since the college has not been
made a party as defendant in the suit for proper and effective adjudication of
the issue involved in the suit.
19. Mr. Md. Mazibar Rahman, the learned
Advoc..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....onsidered. If testimony of a single witness is found to be entirely reliable, there is no legal impediment to record conviction of the accused person on such proof. We find the evidence of PW 2 full, complete and self-contained. In this respect, there are several decisions of our Apex Court with ref......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;......bmitted that the means of recognition, that is a 'Kupee' lamp, was not seized by the investigating officer and, as such, the prosecution was not able to prove the case of recognition of the assailant properly in accordance with law. It is also submitted that the condemned prisoner Maku Rabi Das had ......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ...... Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 a......the Act and reducing his sentence to 1½ years from 2 years imprisonment. 2. Prosecution case, in brief, is that on the basis of enquiry that the petitioner accumulated a property amounting to Tk. 32,00,000/-(thirty two lacs) which was disproportionate or beyond the know......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....h consequential relief, which is always permissible even before the apex Court. 7. Lastly, he read rules 23, 31 and 33 of Order XLI of the Code of Civil Procedure and submits that in order to do complete justice the Court of records always can allow the plaintiff to amend the plaint to give ful......Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment August 2......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....ving regard to the public interest but all other conditions of the Licence Agreement remained unchanged. By said letter the petitioner was requested to take step for implementation of the project and complete the remaining part of the obligations of the Licence Agreement. The petitioner, thereafter,...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & TeleÂcommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... law prevalent the said provisions are not attracted in the facts and circumstances of the case to delete the clause of 'co-exclusivity' duly incorporated by the parties in the Licence Agreement upon proper and protracted negotiations. 8. Mr. Rafique-ul-Huq, the learned Counsel appearing for the...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......l Hossain……………………….Petitioner
Vs.
The People's Republic of Bangladesh,
repÂresented by the Secretary, Ministry of Communications, Bangladesh
Secretariat, Ramna, Dhaka and others…………..............ReÂspondents
Judgment
August 15, 2005.
Result:
...... steerable Outboard Propulsion Unit PowÂered by 200-220 BHP
Marine Diesel Engine with Remote Control for Utility Type-II(Imp.) Ferries of RHD,
under "ADP" allocation or any allocation given by the proper
authority during the year 2004-2005.
2. The petitioner is a business concern and Local
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
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