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M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... the exercise of all his functions save appointment of Prime Minister and the Chief Justice act in accordance with the advice of the Prime Minister who is elected democratically by the people will be completely negated, when chapter IIA will come into operation the advisory function of the Prime Min...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................not be declared to be ultra vires of the Constitution of the People's Republic of Bangladesh and of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper." 4. It is stated in the petition that the petitioner is a practicing Advocate of the Supr......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. ..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... evidence that the accused condemned‑prisoner hired both rooms of Gulshan Guest House and a boarder there on 30‑3‑90 and the informant party recovered the heroin from room No.14 which was under complete control and possession of the condemned‑prisoner. 31. We have perused the impugned jud......an J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with An...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....mmons cases instituted on private complaint, a trial before the High Court, and all other trials before the Subordinate Courts, and the Magistrate. In the first category of cases, the withdrawal is completely under the control by the Magistrate and the complainant in order to withdraw must satis......his Case is also Reported in: 30 DLR (AD) (1978) 228. ...... judicial function of the Court is to be understood in this context, and would therefore, mean that the Court is to be satisfied that the executive function of the public prosecutor has not been improperly exercised, or is not an attempt to interfere with the normal course of justice or for a col......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. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....ith a case in which a separate instrument offered an additional or substituted security is executed subsequent to the original mortgage transaction which had been reduced into writing in a previously completed instrument. The respondents have executed promissory note for the purpose of hypothecation......eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm......ank allowed the respondent's prayer for raising the limit to Tk. 90,00,000/- and asked the respondent to execute a deed of mortgage in their favour in respect of their other movable and immovable properties by way of collateral/auxiliary security. The respondent executed a deed of mortgage to me...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal i......that as soon as “the holding is transferred by a sale, the sale becomes absolute and the condition for reconveyance cannot suspend operation of a statute” and that by a sale the interest of the property passed and “what remained was merely a right to obtain a reconveyance, or in other words,......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....impugned direction to the respondent no 6, the pretentious officer, who was assigned with the duty to conduct the investigation into the case, adding that such a decision on the part of the Chair was completely without jurisdiction as that decision could only be taken by the Commission as a conglome......se is also Reported in: ......ral that in exercising the said power, the executive organ of the Republic is indispensably required to rely on certain degree of discretion. Unless it is evident that discretion was exercised with improper motive or illegally, they can not be impeached in any forum other than the Parliament. 14....... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......m in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import, indenting and......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i...... 5. For ready reference the relevant provisions of the Transfer of Property Act are quoted below: "106. In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to yea......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....d garments was under the close supervision of the defendant No.1 and were manufactured maintaining high quality as per order of the buyer. The production of the entire consignment i.e. 22,094 pcs was completed by 4th January, 2000 which was ahead of/before shipment date. That on completion of the pr...... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petit......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ...... that the suit premises originally belonged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect o......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....eir present numbers are described in the decree, it will again lead to inevitable disputes involving further litigations. 5. From the judgment of the learned Subordinate Judge, it appears that completely on an erronious view that the preliminary decree once passed cannot be amended, he reject......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appe...... Code of Civil Procedure before the High Court Division but it was summarily rejected on the ground that the move taken by the appellant was for delaying the proceedings as he is in possession of the properties. 3. Against this order leave was granted to examine the contention raised by the app......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar......mpany, MJL Bangladesh Ltd could have taken recourse to section 67 of the Act for the refund of the amount paid. Similarly the petitioner company of the instant case can also claim for refund to the proper authority, if so advised. 23. The petitioner was well aware that making a claim in respect......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......46 of 1978 we of the view that the petitioner undertake the commercial trade business etc, which are in connection with the development activities of the petitioner which are very much essential in proper functioning of the petitioner. The petitioner a voluntary Organization requires some for it......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d...... Upazila Circuit Court, Sadar, Noakhali in the Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted the Title Suit No. 230 of......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ...... ......application under section 145 of the Code of Criminal Procedure, hereinafter called the Code, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No. 1 as first party filed a petition of complaint being Miscellane......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......ration for determining the maximum limit of super tax which may be imposed upon a Company which is a resident of the United Kingdom and did not make the aforesaid prescribed arrangements. For the proper appreciation of the point Article VI(1) of the Agreement is set down: "ARTICLE VI" (1) ......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... Case is also Reported in: 30 DLR (AD) (1978) 112.......charge sheet under section 16(3) of the Act and whether the Special Tribunal constituted under the said Act had jurisdiction to take cognizance of the alleged offences and whether the Tribunal is the proper forum for holding the trial in respect of the said offences when the Act came into force on 9......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar........................................Petitioner Vs. Md. Zillu Miah and others...................................Respondents Order February 20, 2012. Result: ......cussion of evidence and the decisions thereon made by the court of appeal below the last court of fact and also did not reverse the clear findings and decisions of the last court of fact by assigning proper reasons. The learned advocate has argued also that the High Court Division did not apply its ......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..Category: Property Law | Date: | Hits: 93
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....rovision in the amendment is that notwithstanding anything contained in any other law in force, any transfer of a land by an out and out sale with a condition for reconveyance shall be deemed to be a complete usufructuary mortgage for a period not exceeding seven years on the expiry of which the mor...... Ed. This Case is also Reported in: ......e Suit No. 51 of 1983. 2. The petitioners’ predecessor-in-interest Shahidullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chandpur for redemption of his mortgaged property with a declaration that order dated 9.12.1982 passed by the Circle Officer (Revenue) of Cha......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......- I agree.
Ed.
This Case is also Reported in:
......ing pendency of the suit, cannot be affected only on the ground that they had come at a belated stage.
7. Considering the facts and circumstances of the present case, we think it would be just and proper, if the application for addition of party is allowed with cost and necessary direction for ex......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
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Category: Procedural Law | Date: | Hits: 77
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