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Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......, which was enacted in 1968 (central Act) to consolidate and amend the law relating to the preservation and protection of antiquities. 13. Section 2(c) has defined “Antiquity” in the following terms: “(c) antiquity means- (i) any ancient product of human activity movable or immovable,...... Aziz J Md. Abdus Salam J Kamruzzaman (Md.) alias Zaman………….Appellant Vs. State…………..Respondent Judgment June 8, 2000. Cases Referred To- Md. Mokhlesur Rahman and another Vs. State, 14 BLD 127; Kabil Miah and others Vs. the State 14 BLD 432 = 46 DLR 463; Khal..Category: Criminal Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......tely, in Bangladesh we do not have any advisory board to give any indication or direction as to what punishment may be given for any particular offence or offences. The judges are guided by the broad terms of punishment prescribed in the Penal Code and other special laws. In this regard reference ma...... MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544......., the use of the word “includes” does not exclude other possible meanings besides what have been expressly mentioned in the clause, or in other words, by providing the inclusive definition of the terms “arms” the section has enumerated only a few weapons such as bayonets, Swords, daggers, sp......Ali…..………….Appellants Vs. State……………Respondent Judgment June 4, 2000. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangsth..Category: Criminal Law | Date: | Hits: 38
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226....... attaining retirement age of 57 years and so at the time of issuance of the appointing letter dated 31-12-91 (Annexure-A) the petitioner was a public servant retired from his service and, as such, in terms of section 5(1) of the Public Servants (Retirement) Act of 1974 (Act XII of 1974) he could not......zul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 2..Category: Employment/Service Law | Date: | Hits: 117
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......required under section 43(1) of the Customs Act, filed an application dated 21-12-85 (Annexure-E) to the Assistant Collector of Customs, enclosing therewith incomplete manifest (Nil) (Annexure-E1) in terms of Order No. 16(1) Cus/80-81/114, dated 10-2-1982 (Annexure-G) which allowed accepting of such......KM Hasan J Md. Tafazzul Islam J Amora Holding Inc. represented by Mariners (Bangladesh) Ltd……..…………………….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ...... view to secure an order to prevail over the government to have an energy policy drafted through the Parliament. The Term of the Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should......16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. 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: 52 DLR (2000) 450. ......it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit. (ii) Provisions of section 5 of the Limitation A......lication under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal No.226 of 1981 was earlier dismissed for default by order dated 6-6-91 which was ultimately set aside and the appeal re-admitted. 2. Mr. Azizul Hoque, the learned Advocate appearing for the petitione..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......1981-82 and on his failure to file the return the assessing authority issued a notice on 12-3-82 under section 22(2) of the Income Tax Act, 1922 (hereinafter called the Act) calling for the return in terms of the said notice. The assessee applicant did not comply with the terms of the said notice wh......……………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439....... This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......ff-respondent candidly admitted that the plaintiff did not file any paper in support of the contention that the plaintiff did whatsoever was necessary for the payment of subsequent instalments as per terms and conditions of sanctioning letter and the Bank arbitrarily withheld any subsequent instalme...... also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......intiff shall pay interest on the foreign currency loan at the rate of 4% above prevailing bank rate subject to a minimum of 14.50% per annum but the rate shall be finally determined on the basis of terms and conditions as received from the Government. The plaintiff claimed that New Industrial Poli...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....mstances under which an application for pre-arrest or anticipatory bail can be considered under Section 498 of the Code of Criminal Procedure. We wish to lay down as a first proposition that it is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extra...... indications as to what construction should be given to a statutory provision may be found in the use of negative, prohibitory or exclusive words. Where statutory restrictions are couched in negative terms they are almost invariably held to be mandatory." 34. Similar view was expressed also by ......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow..Category: Criminal Law | Date: | Hits: 100
Category: Labour and Industrial Law | Date: | Hits: 170
Category: Civil Law | Date: | Hits: 81
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....e before us, I am of the view that in case of breach of any obligation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the gov...... found to be responsive, contending that after the opening of the price bid of the technically responsive bidders fresh declaration declaring respondent No.8 technically responsive is contrary to the terms and conditions of the tender document. 10. Dr. Rafiqur Rahman, the learned Counsel appearin......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... the disqualification of such members keeping an eye to their onerous and honourable functions, because they are not ordinary people, rather, their posit as a member of Parliament makes them not only extraordinary rather, distinguishing them from any other ordinary citizen, not to speak of a convict......ent on account of his conviction for a criminal offence involving moral turpitude as contemplated under Articles 66(2) (d) of the Constitution. 31. If a Member becomes liable to vacate his seat in terms of Article 67 or 70 of the Constitution for being disqualified or otherwise and ceases to be a...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......ssentially summery in nature. Deciding the application for preemption, Court cannot go behind the intentions of the parties in executing the deed of the transfer, Furthermore any evidence to vary the terms of such deed is also barred under the provisions of section 91 of the Evidence Act. 8. Now,......d in: 53 DLR (HCD) (2001) 563...Category: Property Law | Date: | Hits: 68
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......r filed an application for amendment of the plaint on 15-11-1998 on the ground that the vendor has already transferred some and Out of the suit land under the agreement for sale and therefore, as per terms of the agreement, the property of the vendor i.e. 78, Sultanganj, Mohammadpur Police Station b......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......l determination of his right in the suit. If this be the purpose to achieve which power to grant temporary relief is conferre4 it is inconceivable that where the final relief cannot be granted in the terms sought for because the statute bars granting such a relief, ipso facto the temporary relief of......ed in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......d in considering the letter dated 24-2-2000 written by Hossain Mohammad Ershad as raising a dispute and referring the same to the Election Commission and the Election Commission was also competent in terms of section 4 of the Members of Parliament (Determination of Dispute) Act, 1981 in asking for t......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa..Category: Constitutional Law | Date: | Hits: 196