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Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ...... a result there was a short delivery of 6625 maunds and 17 seers of rice, the value of which amounts to Tk.2,67,104.29. Over such short supply of rice a dispute arose beÂtween the parties and as per terms of the contract it was referred to the Arbitrator, who on 28.11.66 gave an award. The defendan......€¦â€¦Petitioner Vs. Bangladash..............................Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. MuÂhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (Lahore) 398; AIR 1955 P..Category: Procedural Law | Date: | Hits: 93
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ng Company for supply of certain quantity of wired glass to be delivÂered at the factory premises of the plaintiff at Tongi. The defendant No.1 agreed to supply the said quantiÂty of wired glass in terms of the agreement settled between the parties. The defendant No.1 was to be present at the time......Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......on of some forÂmal defect or (b) that there are other sufficient grounds for alÂlowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, it may on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or abandon such par....... This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
...... circumstances the petitioner cannot have any legal right to invoke writ jurisÂdiction under Article 102 of the Constitution for a direction upon the respondents for Review of his dismissal order in terms of Annexure 'H', because the respondents are not and were not the authority under MLO No.9 of ......Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddin Ahmed J
Mahtabuddin Ahmed.......................Petitioner
Vs.
The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents
Judgment
November 14, 1989.
Result:
The order passed to revi..
Category: Employment/Service Law | Date: | Hits: 209
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....y obligations and there is no concealment of income and no income has escaped from the assessment. On the other hand, sub-section 3 of section 82BB is a special provision for tax treatment which is a extraordinary and uniÂversal provision providing an opportunity to the assessee/tax payer (includin......under the caption of Universal Self Assessment. In elaborating his arguÂment the learned counsel further submits that a return submitted under section 82BB of the Ordinance can only be dealt with in terms of the provision of sub-section (3) of the said section. The impugned order under section 93 o......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......s defendant for realisation of Taka 5,07,964 with interest. Eventually the learned Judge of the Adalat by the Judgment and decree dated 13-1-2004 decreed the suit under section 21 of the Ain, 2003 in terms of settlement conference. 3. The decree holder bank then put the decree in execution in Art...... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Nitai Kumar Mondol………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule ..Category: Civil Law | Date: | Hits: 140
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......rdinate Court have been incorporated. In Article 94 establishment of Supreme Court of Bangladesh with two Divisions, viz Appellate Division, and High Court Division, has been provided. In unequivocal terms Article 94 (4) provides that subject to the provision of the Constitution the Chief Justice an......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ..Category: Constitutional Law | Date: | Hits: 353
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......render a fugitive criminal to a foreign government.” ………………… ………………… “The provision of the treaty exempting therefrom political offences is not limited in its terms, but applies to all such offences whether or not the person sought to be extradited was convic......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i..Category: Constitutional Law | Date: | Hits: 421
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......n the service of the Republic. He has referred to the case of Kazi Abdul Wahab Vs. The Government of Bangladesh, 31 DLR 332. The learned Attorney-General submits that in that case the appointment and terms and conditions of service have been incorporated in President’s Order 6 of 1972, that is, La......Mozammel Hoque J
Md. Abdul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………â..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......e views of their Lordships and hold that the Indemnity Ordinance of 1975 was continuing as an existing law along with other laws, after withdrawal of Martial Law, being protected and saved within the terms “other laws” as contained in paragraphs 3A and 18 of the 4th Schedule of the Constitution,...... Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ...... stay order on 29-8-2005. 4. Mr. Fazle Rabbi, the learned Advocate appearing on behalf of the accused-petitioners, sub-mils that there is no specific allegations against the accused-petitioners in terms of money, for defalcaÂtion of which, they are responsible. It is submitted that there was a p......sÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......t in the writ petition, is that he is a highly popular and respected leader in the locality and served as Chairman of the Deula Union Parishad, Borhanuddin Upazila, Bhola, for last two consecutive terms and on 31‑12‑2002 he filed two nomination papers one on 23‑12‑2002 and the other on 3......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul..Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......k guarantees given to defendant Chittagong Steel Mills Limited due to intervening circumstances absolving it of the corresponding liability. It has been asserted that because of the variations of the terms of the agreement, the guarantees in question were subsequently released and returned to the pl......s also Reported in: 55 DLR (2003) 417...
Category: Civil Law | Date: | Hits: 101
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......espondent No.8 as not acceptable. In complete disregard of the opinion given by the three members of the Technical Committee the respondent No.7 decided to open all financial bids in violation of the terms and conditions of the impugned tender documents. The respondent No.7 then issued a work order ......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ..Category: Others | Date: | Hits: 174
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......morning they 3(three) of them rode the same motor cycle and came to Dalal Bazar, and that at Dalal Bazar. Mosharraf was dropped to be sent to Rasulganj for tracking the chairman. It is clear from the terms of section 30 of the Evidence Act that where more persons than one are being tried jointly for......e State………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases ..Category: Criminal Law | Date: | Hits: 116
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273....... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......etitioners. None Appears - For the Opposite Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite par......et aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...Category: Procedural Law | Date: | Hits: 108
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....ute any offence, in such cases it will be legitimate for the High Court Division not to allow the proceeding to be continued against the accused persons. The inherent power which are in the nature of extraordinary power also has to be pressed in aid when there is a flagrant abuse of the process of t......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......ry affidavit filed on 25-7-2010, to be more particular in paragraph 2 of the said supplementary affidavit, is reasonable and acceptable. 9. The only question that faces this Division is whether in terms of Rule 12(1) of the VAT Rule, 1991, clearing of outstanding dues for registering new name of ......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i..Category: Fiscal/Taxation Law | Date: | Hits: 269
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......ndent failed to pay the balance consideration money within the stipulated period the first sale agreement was cancelled and part of the consideration money was forfeited by the defendant-appellant in terms of the first sale agreement itself and thereafter the plaintiff- respondent created the second...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Hamida Begum Chowdhury…………………Appellant Vs. Ahamad Hossain Khan and others…………………Respondents Judgment June 1, 1997. Result: The Appeal is ..Category: Civil Law | Date: | Hits: 148
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