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STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......to remove absurdity so as to give effect to the purpose of a legislation. Where literal meaning of the words used in a statute is unambiguous and clearly convey a reasonable meaning, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construc......m a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intenÂtion of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration......, 46 and 47 of the Act …………………………………..(20) The Appellate Division already mentioned that the law as per section 3(1) and secÂtion 3(4) of the Act barring the Court from granting an order of injunction is limited and applicable to the arbitration being held in Banglades..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......t taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He next subÂmits that the Respondent No.2 is trying to form exits of 2 di......posed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ...... Judgment November 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any......ent November 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person ......strate within whose jurisdiction the person is residing. Similarly, under section 18 of the Arms Act the power to cancel or suspend a licence for firearms is given to the officer by whom the same was granted, or by any authority to which he may be subordinate, or by any Magistrate of a district with..Category: Criminal Law | Date: | Hits: 77
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......se of a legislation………………………………….(19) Where literal interpretation of the words used in a statue are unambiguous and clearly convey a reasonable meaning, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construc...... Court must take cognizance of the alleged offence instantly at the spot provided the same has been committed or unfolded in his presÂence and convict the accused and award the preÂscribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) ......ainst an accused and there is no provision whatÂsoever within the four corners of the Ain that empowers that Executive Magistrate to detain him in police custody; but the Executive Magistrate, in flagrant violation of the mandatory provisions of the Ain, received a written complaint from the Survey..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......e statements made therein. If the report is in custody of the Court the Magistrate should allow certified copies to be given upon application made on behalf of the accused, and if not, Magistrate has power under Section 94 Cr.P.C. to call for it from the police. The object of this Section to ascerta......resent: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004 is rejected. The connec......th. Section 174(1) requires the presence of at least two respectable inhabitants as witness and non examination of all the witnesses to the report is not fatal. The statements of witnesses will be of grant use to test the value of the evidence in Court. A copy of the FIR should accompany the dead bo..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......spondent No.1 legally and rightly dismissed the appeal.
4. Mr. Md. Fazlur Rahman Khan, the learned Advocate appearing for the petitioner submits that Election Appellate Tribunal shall exercise the powers conferred by the Code of Civil Procedure and has every right to examine any order either fina......…Respondents
Judgment
June 10, 2010.
Result:
The Rule is discharged.
The Upazilla Parishad (Election) Rules, 1999, Rule 60
Whether the Election Appellate Tribunal is authorized to entertain an appeal against an interlocutory order passed by the Election Tribunal?
An appeal ......D to the writ petition).
For the discussion made above we do not find any merit in this Rule.
In the result, the Rule is discharged, however, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is a..
Category: Election Law | Date: | Hits: 600
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......f the tax and punishment for any violation or omission. The concerned authority is, therefore, duty bound to follow the procedure as laid down in the Act for each and every action. The Act does not empower any of the authorities created to become zealot to overpower and/or overawe any tax payer. Inv......n
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
United Mineral Water and PET Industries Ltd…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....ry manner while awarding contract to one party or the other;
(iii) not to lay down arbitrary and capricious standard for the jobs of persons with whom alone it will deal; and
(iv) to exercise discretionary power in the matter of grant of jobs, contracts, licenses, largesse, etceteras on the ......or the enforcement of rights and interest of the citizens in general or a section thereof. The judiciary is to play a vital and important role not only in preventing and remedying abuse and misuse of power but also to eliminate injustice. It must not be forgotten that the cause of justice cannot be ......Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accorda......one party or the other;
(iii) not to lay down arbitrary and capricious standard for the jobs of persons with whom alone it will deal; and
(iv) to exercise discretionary power in the matter of grant of jobs, contracts, licenses, largesse, etceteras on the basis of rational, relevant, reasonab..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......aka for complete waiver from payment of the requisite tax under section 158(2) of the Ordinance. By the impugned order learned Member rejected the application on the ground that the Board had no more power to waive any tax after the amendment of sub-section (2) of section 158 of the Ordinance since ......the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......ch provision in the Ordinance empowering it so to do. 9. Mr. Nihad Kabir, learned advocate took us through the writ petition and submitted that the impugned order refusing to exercise its power to grant waiver, under Section 158 (2) (b) of the Ordinance as it was applicable in the assessment year..Category: Fiscal/Taxation Law | Date: | Hits: 171
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......………………Opposite parties
Judgment
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to e......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......s can only be done in a separate suit at the instance of the defendants………………………………….(10) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Revisional power of the court The finding of facts whether concurrent or not arrived at by the lower appella......ent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land…â€......nder Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is discharged without any order as to cost. 19. The order of status-quo in respect of possession of the suit land granted earlier by this Court at the time of issuance of the rule is hereby vacated. Lower Court'..Category: Civil Law | Date: | Hits: 94
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......¦â€¦â€¦.Petitioners
Vs.
Government of Bangladesh and others……………………Respondents
Judgment
March 21, 2010.
Result:
All the applications are rejected.
Cases Referred to-
Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh, (2009) 17 BLT......i-tech factory on its land. The applicant applied to the conservator of BIWTA to construct jetty and use foreshore land adjacent to the land of the applicant. Pursuant to a year-to-year licence first granted on 29.1.2005 the applicant constructed a jetty and other structures on the foreshore land.
..
Category: Environmental Law | Date: | Hits: 731
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it......ud is non-existent in eye of law. Learned Advocate next relied on the case of Jeka Dula Vs. Bai Jivi, AIR 1938 Bombay 37, the case on Specific Performance of Contract, where it has been filed that, a grantor or a lessor cannot be allowed to dispute his own title with either the grantee or the lessee..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......Court Division can really help very little because no provision is found in the Code of Criminal Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the High Court Division even to direct fresh or further trial if the time as stip...... cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaÂining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......no intention to levy VAT on the services of PSI Agencies. Although the PSI Agency is appointed by the Government and the National Board of Revenue but the National Board of Revenue in exercise of its power under sub‑section (5) of section 3 have not declared the PSI services as vatable service and......Vs.
National Board of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......leassor in a property may be added as Party alongwith a leassor and in a proper case a party can be added even in a proceeding in Revision stage.................................(14)
Cases Referred to-
Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chan......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......de an Officer on Special Duly (OSD) under notification No. M1/TV-1/2-M-8/2007/298 dated 1-3-2007. After that by impugned order dated 18-3-2007 the petitioner was made retired in purported exercise of powers under section 9(2) of the Public Servants (Retirement) Act, 1974 with retrospective effect fr......Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of terms and......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... others …………………………..Respondents
Judgment
June 4, 2008.
Result:
The Rules are discharged.
Once compensations have been paid there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be ...... in all the four writ petitions are lessees of property of Ain Uddin Haider and Faizunnessa Waqf Estate for 99 years. Their claim is that they have been in lawful possession of the property since the grant of their respective leases and that during the latest land survey the property in question was..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......er, 1972 cannot be made applicable to the petitioner. The learned Advocate also submits that every City Corporation is an administrative unit under section 3(7) of the Ordinance No. 16 of 2008 having power to impose taxes for local purposes, to prepare its budget and to maintain fund hence, it is ra......nts Judgment December 4, 2008. Result: All the Writ Petitions are discharged. Interpretation of statutes The Court, in all ways, must avoid in giving interpretation which would go to frustrate the legislative intent by adopting any liberal construction of the legislation. The pri......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......
Judgment
November 24, 2009.
Result:
The Rules are discharged.
Principle of Interpretation of Statute
It is the cardinal principle of interpretation that a provision of a statute has to be construed not in isolation but in its proper context. Many things constitute the context of a ...... have been issued without lawful authority.
6. The case of the petitioner in Writ Petition No.1669 of 2009, in short, is that the petitioner is a registered trade organization having licence No.16 granted under section 3 of the Trade Organizations Ordinance, 1961 on 25.5.1963. After obtaining the..
Category: Others | Date: | Hits: 107
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