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A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......auctioneer of ferri-ghats of Bogra Zilla Parishad and he collected Tk. 37,400/- by auctioning ferries on different dates from the year 1971-1972 to 1977-1978 which was paid to the appellant but the amount had not been deposited by the appellant. 4. The Deputy Commissioner, Bogra sent this petit..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......ase the Court was bound to scrutinize the evidence very carefully, there was no rule of the law of evidence that such a Will was incapable of being proved. I find no reason to disagree with the above principle.” Having considered the facts and circumstances of the case, the evidence on record...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......5 incurred a liability to the extent of Taka 8,89,94,800.22 as on 30.9.1990 which they failed to liquidate despite numerous requests and reminders made by the petitioner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and Fi..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......36,00,000.00 for 4,80,00,000 bottles in a year although there was no special market value and the market demand was a little more than two million bottles per year. It is to be stated that no guiding principle was laid down for determination of such production capacity. The said notification dated 1......discriminatory as such are violative of Articles 27 and 31 of the Constitution. It is also argued by the learned Advocate that closure of the factory for 190 days without break is arbitrary as it tantamount to right of exemption which the petitioners are entitled in accordance with law, as such, the..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437....... nature and type of the design in question is attached to the petition as "Annexure‑B". 3. After the registration of the design the petitioner introduced the same in their fans and spent a large amount of money for making it popular, and as a result, it acquired tremendous goodwill and this res..Category: Intellectual Property Law | Date: | Hits: 192
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......ed a Trust Receipt, a Promissory Note, Letter of instalment and letter of disbursements undertaking to repay the plaintiff Bank’s dues with interest. The defendant’s account was overdrawn with an amount of Taka 99,030.13 on 10-9-84. The defendant sold the goods but did not liquidate the Bank’s..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......proviso to sub-section 17 of the Small Cause Courts Act further provides that in case of an application for setting aside an ex parte decree or for review the applicant, i) must either deposit the amount in Court due under the decree or judgment. ii) or give security to the Court for the amoun..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......Registrar about his illness and praying for time. Mr. Moksudur Rahman could not cite any authority from any jurisdiction to say that the letter written to the Registrar or Deputy Registrar of a Court amounts to contempt and the authority which has been cited by the learned Judges themselves are un..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ...... of section 34 can certainly be invoked for the necessary relief against such infringement, if other conditions of the said Section are fulfilled, because victimisation for trade union activities may amount to an infringement of a right guaranteed or secured by any law. But it appears to us that if ..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... business community will be strangulated by indiscriminate use of machinery of the criminal administration of justice by interpretative decisions and doing violence to the enactment. One golden principle of our law is that no one should be brought within the ambit of the criminal prosecution b...... that the accused Manager did not take any approval, from the Head Office or Regional Officer and he, it was alleged “illegally and fraudulently and with intention to defraud the Bank, has paid the amount to the accused No.2 who is a "close friend and business partner" of the accused No.1. There i..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:...... South West Water Authorities (1976 AC 609), was “a long step from reviewing the rate levied by the justices of the peace to reviewing statutory regulations made by a Secretary of State”, yet, in principle it is the same kind of control which the Courts exercise, even today, whether they are rev......ease agreement with Nandan Food and Beverage for renting the said premises for period of 6 years with provision for renewal for a further period of 6 years upon mutual consent. 24. NSF will get an amount of Tk. 2,42,92,260 (Two crore forty two lacs and ninety two thousand two hundred sixty) every..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......02.2008 and there was no allegation against the petitioner of violation of the terms.
Before demolishing, no notice was served upon the petitioner and as such there has been gross violation of the principles of natural justice.
15. By spending huge sums of money and completing 95% work of the ......xpectation that the shelter home concerned could not be closed down. The Court of Appeal relied on the test which is whether to frustrate a substantive legitimate expectation would be so unfair as to amount to an abuse of power. The House of Lords endorsed the ex-parte Coughan principle in a number ..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... responsibility or prepare the list. In both situations, the inclusion is an act without jurisdiction and, as such, the said property should be deemed to have never included in the said list - on the principle that an act without jurisdiction is an act never existed in the eye of law (void ab initio......nt through treasury in the Bangladesh Bank, Dhaka. 2. All expenses involved in the registration of the sale deed shall be borne by her as the transferee. She is therefore, requested to deposit the amount of Taka 100 (Taka one hundred) only to the Head of Account mentioned above and to see the und..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......after reading and showing such report of the Inspector to the authorized representative of the applicant under section 174(1) of the Ordinance, the applicant could not now complain violation of any principle of the natural justice. 11. Lastly, he submitted that no point of law is involved in ......ollowing questions of law have been referred for determination by this Division: Question of law (a) Whether on the facts and in the circumstances of the case without finding any a fault with amount of investment shown by the assessee ad duly supported by building plan, explanations of inves..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......D) 133. "28. All the Courts below in the facts and circumstances of the case had misplaced the onus on the defendant for proving the marriage of Monwara Begum with Amir Ali Mia whereas the settled principle of law is that the person who deny it will have to be established in other words, it was f......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... 28. In this regard we propose to consider the submission made by the learned Advocate for the Anti-Corruption Commission and hold that the fact of particular case may defer from another case but the principle enunciated by the higher Courts will prevail. The decisions as referred by the learned Cou......tioner, at a value of Taka 6.50 crore amongst which the owners of Summit Group and United Group, who are the local agent of the Consortium led by Messrs Wartsilla Power Development Limited, paid an amount of Taka 1.45 crore on 7-10-1997 and Tk. 55 lakh on 8-10-07 to the seller of the land by way o..Category: Criminal Law | Date: | Hits: 156
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......pursuance thereof, and also seeking direction upon Standard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......ged in clause (1A) of Article 142. 14. These apart, the learned Attorney‑General also argued the point of locus standi of the petitioner to file the instant writ petition, He has also argued the principle of res judicata submitting that the present writ petition is not maintainable on the groun......ified in matchless words; "At the bottom of all tributes paid to democracy is the little man, walking into a little booth, with a little pencil, making a little cross on a little bit of paper‑no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......Artha Rin Adalat Ain, 2003 and, as such, section 12 of the Ain is contrary to the provision of the Constitution also. 6. Mr. Mamunur Rashid appearing for the respondent bank, has contended that an amount of Taka 1,25,54,612.27 became due on 30‑9‑2003 from the petitioner company in connection ..Category: Civil Law | Date: | Hits: 129
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......, the Magistrate may permit him to withdraw the same and shall thereupon acquit the accused. 9. A broad comparison of the provisions of the same Code regarding the withdrawal shows that no uniform principle has been applied to them. On the contrary, we find that the Code has made a distinction in......not further prosecute the defendant upon charge and thereupon the proceedings on the charge against the defendant shall be stayed, and he shall be discharged from same, but such discharge shall not amount to acquittal, unless the presiding judge otherwise directs. 7. Section 337 provides for co..Category: Criminal Law | Date: | Hits: 99
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