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M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551 ......a friendly country and then again returned to Bangladesh as citizen of Bangladesh with the clearance from the Government of Bangladesh. If the present position is allowed to continue as such it would amount that the company incorporated in Bangladesh which owned the property in question is a person ..Category: Abandoned Properties Law | Date: | Hits: 7
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
...... before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice—
In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notic......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ...... death of Sohel while he was deprived of the power of self control by grave and sudden provocation offered by P.W. 3 Asia Khatun and that the appellant committed the offence of culpable homicide not, amounting to murder punishable under section 304 of the Penal Code. He has further submitted that th..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......father did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, jurisdiction of a court cannot be conferred by consent of parties and, as such, the principle of estoppel, waiver & acquiescence will not apply against him in the present case. In ......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ..Category: Others | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......int as stated by Bose in his treatise on Evidence: "no matter how unanswerably the absence of the original source is accounted for, the inferior evidence will not be received." 16. The principle was never in doubt that generally speaking the statements for declarations of parsons......the appellant that if he agreed to pay him Tk. 3000/- the heads of cattle brought by Keramat Ali would be accepted otherwise he could take them back, Keramat Ali pleaded that Tk. 3000/-was a very big amount for him to pay but the accused-appellant said that the deal could not be effected for less th..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......e under section 406 B.P.C. have not been disclosed against the petitioners. The learned Advocate there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the end..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......cannot be supplied by a Court of Law, for that would be to make laws." 19. The well-known author Maxwell on the Interpretation of Statutes (Twelfth Edition) at pages I and 2, spells out the principle in this precise manner: "If the language is clear and explicit, the Court must g......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......o step has yet been taken to sell the mortgaged property of the borrower and as such, mortgaged properties of the borrower is required to be sold first for the purpose of realization of the decreetal amount according to Section 6(5) of the Artha Rin Adalat Ain, 2003. It is further submitted that the..Category: Civil Law | Date: | Hits: 37
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......n a given case must depend upon the circumstances of that case and the construction of the statute under which the authority purports to act. Whether the proceedings are judicial in character, the principle of natural justice embodied in the above maxim would apply. This principle that no man ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......plaint is specifically denied. The suit instituted by the plaintiff is not maintainable in the eye of law; that the suit is bad for non-joinder of parties; the suit is barred by limitation and by the principles of estoppel, waiver and acquiescence, also stated that the plaintiff has no cause of acti......her hand defendants examined no witnesses. 5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Taka 1, 01,063.52 with interest. 6. Being aggrieved by and dissatisfied with the impug..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......de of Criminal Procedure is that the accused person is quiet innocent; that no firearms and cartridges was recovered from him and that he has been falsely implicated in this case. 24. The cardinal principle of criminal jurisprudence is that the accused petitioner should presumed to be innocent ......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......s on the ground of inclusion of indenting service in the schedule of charging VAT moved this Division for seeking that the same has been done without any objective basis and, as such, ultra vires the principle of charging tax on value addition. 7. Mr. AF Hasan Ariff, the learned Senior Advocate a......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
.... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......that development and protection of the environment are not enemies. If without degrading the environment by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development. A balance has to be struck. In such matters, many a times, th....... Mr. Rokanuddin Mahmud, learned Advocate appearing on behalf of added Respondent No.12, on the other hand, submits that for implementation of ADP, extraction of stones by excavators machine is of paramount important and that the development of the country will be seriously hampered if the stones ar..
Category: Environmental Law | Date: | Hits: 352
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......e is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may make any amount of tall claims in the plaint but if the plaintiff cannot substantiate his claim by any eviden..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ision that an application under Section 561A of the Code will be pre-nature unless the accused-petitioner had gone through the stages under Section 241A or 265C of the Code is not consistent with the principles of law already settled. From a careful reading of the aforesaid decisions reported in 7 B......ed. He submits that the statements of allegations being manifestly and clearly false and baseless on the face of it, the continuation of the proceedings on the basis of said baseless allegations will amount to an abuse of the process of the Court and as such the proceedings of the case is liable to ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......te Court below also found that the resolution dated 14-6-1997 does not show that the plaintiff was given an opportunity of self-defence and that the order of removal of the plaintiff is against the principle of natural justice. Trial Court relied on the decision in the case of Rafiqul Alam Vs. Sec......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......s Rule was issued calling upon the respondents to show cause as to why the arbitrary inaction of the respondent No.4 and other respondents for not setting the bills of the petitioner of the remaining amount of the running account bill No.5 for construction of remaining works of ICE and Denting Shop ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......ith the function of Head Master dishonestly and fraudulently in collusion with accused-petitioner Ahmed Ali Lasker, Clerk of the said school during the period from 1979-1983 misappropriated a total amount of Tk. 1,32,269.94 paisa from the school fund on various dates by creating false vouchers and..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......ircled the hotel; that accused Yunus and Shakwat having entered into room No. 25 of the hotel used to discuss with the constable Matiur Rahman and it was settled that the accused persons will give an amount of forged currency notes of Taka 20,000 subject to payment of Taka 10.000 and thereafter they..Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......he same is not a divisible one. 21. We have also noticed that the case relied on by the learned Counsel for the respondents reported in 26 DLR 347 and having gone through the same we find that the principle of law enunciated in that case also do not come in aid of the learned Counsel for the re......emaining part of plot No.C-339 along with half katha of land appertaining to plot No.338 i.e. 1 1/2 katha land (by 2nd Bainapatra) at a consideration of Taka 1,71,000 upon receipt of an earnest money amounting to Taka 1 (one) lakh. In the process aforesaid Nazar Ali entered into an agreement for sal..Category: Civil Law | Date: | Hits: 133
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