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Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
.... ditch, the other 2 accused (since acquitted) were members of the Project committee. It has been alleged by the prosecution that appellant lifted 69 metric tons (MT) of wheat in three equal installments of 23 MTs and submitted Master rolls for the 1st and 2nd installments after completing ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... 19. The general rule of law being, that unless there is a clear indication from the wording of the statute it is not to receive a construction retrospective in effect. The cardinal principle of construction is that every statute is prima facie prospective unless it is expressly, o......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......209; appellant was an employee or librarian of a private limited company. So, the facts and circumstances of the case referred above are not identical with those of the instant case and, as such, the principles as such enunciated therein are not applicable in the instant case." 8. I...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......ted in PLD 19 73 SC 418 wherein it was held‑Moreover, it has been ruled by this court in a number of recent cases, that having regard to the social conditions obtaining in this country, the principle falsus in uno, falsus in omnibus cannot be made applicable to the administration of cr...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......ticular legislation where the definition of debt was required to be given and, as such. word 'debt' is to be ordinarily understood as a sum of money due under an express or implied agreement, or an amount due or payable from one person to another in return for money but is liability owing from on..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......returned the envelop with the endorsement "Always absent." Since the notice was correctly addressed and the postal peon visited the address of the defendant and found her absent this should amount to service of a notice under section 106 of the Transfer of Property Act. The finding of the ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......nd not 5 crore.
17. The above submission gives rise to the question, whether substitution of one provision of an enactment‑by another, would amount to repeal of the provision. It is a cardinal principle of construction that every statute is prima facie prospective and not retrospective. In Ms......mongst the desirous and ambitious boys and girls of the country, formed a Board of Trustee. Along with the application were enclosed a project profile and a receipt of depositing on 28‑10‑4997 an amount of 1 crore in the Bank of Small Industries and Commerce Bangladesh Ltd. Dilkusha Branch, Dhak..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......fect that the defendant No. 1 upon receiving the balance consideration money will execute and register the sale deed within 2(two) months from the date. 3. Though the plaintiff offered the balance amount of money to the defendant No.1 and requested him to execute and register the sale deed but th..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………&hel..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
....of manufactured CI sheets was 6-11‑1983 tons. Those were stored in a godown of a Commercial Bank. The petitioner on 23‑2‑1994 applied to the Joint Collector of Customs for taking of the same in installments without stating that on the date of manufacture of these CI sheets there was no provisi......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
......re VAT Act came into force on 1-7‑1991 and enjoying exemption under the relevant law as it was, so imposition of VAT on those finished goods at the stage of delivery from, the aforesaid bank godown amounts to imposition of a tax without the sanction of law.
6. The provision of section 6 of t..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......be pre‑empted and entitled to pre‑empt the land transferred by Rowshan Akhter to the pre‑emptee. 11. Leave was also granted to consider whether the principle of law enunciated in the cases reported in 33 DLR (AD) 309; 1987 BLD (AD) 122 and 33 DLR 3......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......r local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery Department and that also without bringing to the notice of the higher authority principles of purchase as were in the Memo dated July 29, 1985 of the Ministry of Finance and that r......quel to department inquiry held against him on the charge that during the year 1990‑91 and 1991‑92 stationery item, Lithu paper, was purchased illegally from the paper local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate from the Stationery De..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... act upon a Rule of practice may, therefore, well constitute an arbitrary exercise of a discretionary power, for the exercise of a discretion vested by law in a Court must be upon sound judicial principles after taking into account the facts and circumstances of each case." 8......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... out of it. 19. Privy Council in 29 CWN 1037 in the case of Must Bhagwani Kunwar and another vs Mohan Singh and others…………….the principle as to joint family according to Hindu law is as follows: "It is we......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......on are that the respondent, Union Bank Ltd. Karachi Branch, as plaintiff instituted Money Suit No. 55 of 1999 against the defendant National Bank Ltd 18, Dilkusha C/A Dhaka for realisation of money amounting to Taka 26,06,933 before the learned Subordinate Judge, 5th Court, Dhaka. The respondent ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......ion of awarding interest by the learned Subordinate Judge except that the award was indefinite as to the interest at the bank rate. 10. It is now settled principle of law that Arbitrator/Umpire could award interest over the awarded amount and the controv...... 17, 2002. The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdi..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ...... Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled principle that even where provision for giving show cause notice and affording opportunity of pers......the rule provides for show cause notice with reasonable opportunity for defence, the same has been grossly violated before taking penal action against the petitioner. This violation, according to us, amounts to a total miscarriage of justice. 6. Admittedly, the writ petitioner was initi..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... loan account of the company and accordingly, the High Court Division held that no transfer of shares of the company by these respondents had taken place and these findings having been based on sound principles of law ought not to be interfered. The learned Counsel submits that the learned Judge of ......ted cheque for Taka 5.00 lac be given to them representing the value of their shares and claim on profits in the business of the company and they promised to return the cheque for the equivalent cash amount when the company would receive full amount of its claim from the Power Development Board. Acc..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......laint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000 on different dates for repayment of the loan amount in favour of Md Anwarul Islam. The Attorney of Md Anwarul Islam presented the said cheques fo..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......fer from error. 22. The above submissions leads us to question whether under the circumstances a review of the judgment delivered by this court on 29-8-02 is justified. The general principle is that in discharging the judicial function of the court it has the duty of resolving iss......he same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer from huge amount money every year. 9. The further case is that though Mr. AS Mahmud did not parti..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
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