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State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......n to him and therefore unless the conditions are attached before allowing his application, it cannot be said that he has been legally pardoned for examining as an accomplice. Therefore, attachment of terms of which he has been tendered is a condition precedent in allowing an application under sectio......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......atement. The term "Reasonable Doubt" is a term often used and probably quite understood but not easily defined. "Reasonable Doubt" is defined in Black's Law Dictionary, Fifth Edition in the following terms: Proof "beyond a Reasonable Doubt" is not beyond all possible or imaginary doubt, but such ......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......recommended some changes, but at this stage the Government dropped the idea of passing any law for amalgamation of various posts in Customs but passed the impugned Act in the name of changing service terms and conditions under Article 133 of the Constitution (vide Annexure‑'C' to the writ petition........Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Gover..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......rely authorise such executive authority to appoint a day or fix some standard or to provide for some detail by way of example to carry out the purpose and intention of the legislation made in general terms. Delegated authority of the kind above referred to is required to be exercised strictly in acc......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....he police or pending in a subordinate court. 26. In State Vs. Abdul Wahab Shah Chowdhury and another 4 MLR (AD) 291=51 DLR (AD) 242 principles enunciated are as follows: Anticipatory bail is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extra...... scope and law of Anticipatory bail have been set out. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Governmen...... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre..Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......ereafter L/C value was increased on September 10, 1994 to US $ 1,579,500.00 for 2,700 metric tons and lastly the amount of L/C was increased to 1,755,000.00 for the import of 3,000 metric tons as per terms and conditions contained in the said Indent. 5. On arrival of the goods the petitioner subm......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......sa filed and proved in this case (Ext. 19) should not have been relied on while decreeing the suit as not only they did not have any evidentiary value but they were also not admissible in evidence in terms of, sections 41 and 42 of the Evidence Act. The learned Advocate for the appellant therefore, ......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......d review petition to the Board. The petitioner under such situation submitted another review petition to the Chairman, Water Development Board directly on 25-7-1996 for finalisation of review case in terms of provision of clause No. 146/2(C) of Bangladesh Water Development Board (Employees) Service ......Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin..
Category: Employment/Service Law | Date: | Hits: 72
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... in the CIB list. It should however, be noted that the respondent creditor bank is at liberty to file case against the petitioner in the Artha Rin Adalat for recovery of the unpaid loan amount as per terms of the personal guarantee provided by the petitioner.” 9. The same view was upheld in th......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- M..Category: Civil Law | Date: | Hits: 167
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......defendant No.5 acquired the suit land. “17. Amendment of pleadings.— The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of d......et aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ..Category: Property Law | Date: | Hits: 98
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......the said Act for taking penal section. A penalty under section 55 of the Industrial Relations Ordinance, 1969 can be imposed by the Labour Court against any person who wilfully fails to implement any terms of the settlement, award or decision which it is his duty under the Industrial Relations Ordin......he Petitioner.
Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing ..
Category: Labour and Industrial Law | Date: | Hits: 184
....idence or to be witnesses against themselves. Article 35(4), therefore, is of no avail to the petitioners.
23. It will be worthy to consider one legal aspect of the matter. The petitioners invoked extraordinary original jurisdiction under Article 102 of the Constitution for declaring the impugned......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......s Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......uty in the event of construction of an agreement entered into between a citizen and a statutory Authority. Where it appears that the agreement was reached in discharge of statutory duty breach of any terms of such agreement is not to be remedied only by institution of suit in the Civil Court. On ref......also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......aid for acquisition of lands no order can be made for derequisition of such acquired land. In the above case the principle which was expounded in 27 DLR 597 was discussed which is in the following terms: “It the Government had the power to withdraw any property from acquisition after compens......se is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......etitioner in the charge and the departmental proceeding as initiated by the respondent No.1 under the Government Servants (Discipline and Appeal) Rules, 1985 it may seem that it is with regard to the terms and conditions of the service of the petitioner and a petition could lie before the Administra......l—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the peti..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......n the tender and the petitioner being the highest bidder in the auction sale purchased the said tannery. At the time of auction sale there were some outstanding loans of Madina Tannery which was long terms loan and the said loan was to be taken over by the purchaser as per terms of the tender. It wa......rnment of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporati..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......by reason of some defect, or b) that there are other sufficient grounds for allowing 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 p......) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... were the real culprits but the informant, his brother and mother compromised the case with them after realising a large amount of money. The accused-opposite party Abdul Khaleque did not come to the terms and raised objection to the said compromise and for the said reason he and his father-in-law a...... in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......y made the correct reportings. 5. In their affidavits-in-opposition the respondent Nos. 1 and 2 have stated that- (a) the Writ Petition is not maintainable for there has been a violation of the terms and conditions of the registration/approval and if there be any grievances of the petitioners ...... also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......g 12% of the said Tk. 21,74,544/- as solatium plus Tk. 2,17,460/- being the stamp duty and other expenses incurred by the defendant No. 5, within three months and after execution of the sale deed, in terms mentioned hereinabove, the defendant No. 5 would be paid said amount of Tk. 26,52,949.28/-. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others..............Category: Property Law | Date: | Hits: 58
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