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....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......‑vis setting at rest the question of locus standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and maintain a writ petition. In the ins......applicable for 1996‑1997. Copy of the terms and conditions is annexed to the petition and marked as Annexure‑B. While submitting his first tender the petitioner made a deposit of 2% of the quoted amount which came to taka 4,50,000.00. The authorities did not refund the said amount to the petitio..
Category: Civil Law | Date: | Hits: 178
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......he rule in Civil Revision No.2581 of2005.
7. The High Court Division made the Rule absolute by the impugned judgment and order dated 04.06.2008 exonerating defendant No.2 from paying the decreetal amount of the plaintiff-petitioner.
8. Feeling aggrieved by and dissatisfied with the impugned ju..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ...... elements of voluntary action which constitute consent. Extortion under section 383 of the Penal Code need not necessarily involve putting a person in physical injury. A terror of criminal charge may amount to an offence of extortion. Sections 386 and 387 are aggravation of the offence under section..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....ration of the power of attorney on 19‑5‑82, the petitioner handed over the possession of the said house to the Attorney, defendant‑opposite party No.1 but the latter failed to pay the remaining installments to the House Building Finance Corporation. The petitioner came to know about it from a ...... may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the Principal." 14. The principle which has already been laid down in this regard is "that where an agreement is entered int......the same time she entered into an agreement to sell the said property to the Attorney with all encumbrances and loans and dues to the House Building Finance Corporation, and in return she received an amount of Taka 95,000.00 from the Attorney. After execution and registration of the power of attorne..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......ient cause for readmission of an appeal dismissed for default has been made out or cot is not one which can be decided with the aid of judicial decisions, except insofar as the decisions lay down any principle of universal application. Each case must depend upon its special facts and must be determi......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......t up Corporations. Broadly speaking they are called public corporations in contradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilise the principle of corporation. A corporation has its own independent existence distinct from the shareh...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......without being authorized by Court of law. He submitted that the Courts below upon misconception of law and facts granted the plaintiffs prayer for Specific Performance of Contract against the settled principle of law. He submitted that the impugned Judgment and decree are although based upon concurr....... His mother Rahima Begum on behalf of her minor son entered into a contract for sale of the said land at Tk.30,000/- in favour of the plaintiff Mohammad Hasan Ali. Out of that consideration money an amount of Tk. 12,000/- was paid as earnest money. It was stipulated that the rest Tk. 18,000/- would..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......diky @ Akhter committed offence under section 409 of the Penal Code. Such allegation has no legal value unless the allegations are substantiated by any reliable and credible evidence. The established principle of criminal jurisprudence is that the prosecution has to prove the case levelled against t......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ...... a vehicle on public way in order to cause hurt, grievous hurt or death. 36. Now let us see how far the prosecution has succeeded improving the allegation leveled against them. 37. The cardinal principle of Criminal jurisprudence as regard burden of proof are well settled namely, (i) that the ......tion 304(B) run thus:- "Causing death by rash driving or riding on a public way.- Whoever causes the death of any person by rash or negligent driving of any vehicle or riding on any public way not amounting to culpable homicide shall be punished with imprisonment of either description for a term ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......udge (now Joint District Judge), compared signatures of the defendant No.5 and also other documents filed by her. The High Court Division found that the above order of the trial Court is contrary the principle laid down in the case of Guhlam Rahman vs. National Bank Ltd. and others reported in 16 BL......plaint was the most efficacious remedy in as much as in the event of passing of a decree in favour of the plaintiff bank the defendant No.5 would have to file-an appeal depositing 50% of the decretal amount which would be most harsh, unjust and inconvenient. 5. As it appears the High Court Div..Category: Civil Law | Date: | Hits: 122
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209....... Unit Commander for Taka 1,00,80,000.00 (Taka one crore eighty thousand) only without inviting any tender (Annexure-D). 7. It is further stated in the petition that IWTA has been following certain principles in leasing out its internal and external ghats points and Canal Toll Stations known as po...... dated 22-6-97 issued by the respondent No. 6 and for the year 1998-99 for Taka 1,03,60,000.00 (one crore three lac sixty thousand) only by an order dated 25-5-1998. The petitioner duly paid the said amount of money and had been enjoying the lease of the said Canal Toll Station since 1-7-98. 3. A..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......xcise and VAT Cadre. 12. As part of this machination on 26-10-96 the respondent No.2 in their weekly meeting made a decision regarding the 7 officers in the following terms, “That as a matter of principle the National board of Revenue is not in favour of absorbing any officers from other Cadres......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......titioner preferred an appeal under section 158 of the Ordinance before the respondent. Respondent by impugned order dated 29‑1‑90 returned the memorandum of appeal as he failed to pay half of the amount representing the difference between the tax as determined on the basis of the order of the Ap..
Category: Fiscal/Taxation Law | Date: | Hits: 221
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......s beyond his jurisdiction as contemplated in section 10 of the English Arbitration Act, 1950 and Exception I to section 28 of the Bangladesh Contract Act and the intent and spirit of the well settled principles of proper law of contract and Private International Law. 4. In opposing the Rule, Mr. ...... the learned counsel for the respondent that "such foreign jurisdiction clauses are not hit by the main provisions of section 28 of the Contract Act, as they are neither opposed to Public Policy, nor amount to an absolute ouster of jurisdiction of "ordinary tribunals" within the meaning of the secti..Category: Alternative Dispute Resolution | Date: | Hits: 304
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......acts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed the aforesaid Artha Rin Case against the petitioner and other for realization of loan amounting to Tk.23, 62, 44, 835.60. This petitioner appeared in that suit and filed written statemen..Category: Civil Law | Date: | Hits: 120
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ...... cancellation of decree. 7. Over pleadings learned Subordinate judge framed following Issues: I. Is the Suit maintainable in its present form? II. Is the Suit barred by limitation and hit by principles of waiver, estoppel and acquiescence? III. Is the suit bad for defect of parties? I......he leased out property on a properly instituted Civil suit. It has been held: Even if the co-sharers made amicable arrangement for separate possession of their lands for convenience that would not amount to partition of the lands in question by mets and bounds in accordance with law. It has be..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......n the hand of the executive authority be disposed of as expeditiously as possible although there is no time prescribed for that in the statues. The learned Counsel in this regard also stressed on the principle of legitimate expectation of a citizen and lastly, he invoked the principles of Audi Alter......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ...... is in the nature of mortgage the deed of agreement does not require any registration." On the same question of law another decision can be looked into which is AIR 1926 (Bom) 479 wherein the same principle has been accepted that the deed of agreement is not compulsorily registerable as required ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing the Bangladesh Krishi Bank to waive all interest and made provision for easy installments and accordingly the petitioner prayed for waiver of all interest as well as installment......noon Rahman J.- Under the Constitution of Peoples Republic of Bangladesh the petitioner has challenged the impugned memo dated 31.05.2006 issued by the Respondents directing the petitioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The lear......n J.- Under the Constitution of Peoples Republic of Bangladesh the petitioner has challenged the impugned memo dated 31.05.2006 issued by the Respondents directing the petitioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advoca..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and 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: 15 BLT (HCD) (2007) 51. ......motive intended to prolong mental sufferings of the petitioner. Such conduct of the Respondents tantamounts to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor...... petitioner under suspension about 22 months ago but failed to start a proceeding till today with a motive intended to prolong mental sufferings of the petitioner. Such conduct of the Respondents tantamounts to non-application of mind and colourable exercise of power which is clear violation of the ..Category: Employment/Service Law | Date: | Hits: 165
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