Search Options
Judgment Advanced Search
Displaying 1741-1760 of 3812 results.
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......rovisions contained in section 561A of the Code of Criminal Procedure. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the Court to make such order as may be necessary to give effect to any order under this cod......itioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Na......rt Division not to allow the proceeding to be continued against the accused persons. The inherent power which are in the nature of extraordinary power also has to be pressed in aid when there is a flagrant abuse of the process of the Court. But it is also to be borne in mind that in exercising juris..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... are not required to furnish any security as provided under sub‑section (2) of section 32 of the Artha Rin Adalat Ain, 2003. The learned Judge of the Artha Rin Adalat appeared to have exercised his power and jurisdiction beyond the law. 7. In the result the Rule is made absolute. The impugned o......t was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No.1 on 18‑11‑02 at a price......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......lished by any law and it has been created only to frustrate the Rule of law and to undermine the Court of justice and Tribunal. Even the Supreme Court of Bangladesh has ceased to have its supervisory power over the Commission and as such the establishment of the Commission is ultra vires of the Cons......awyers Involved: Mr. Tawfique Nawaz, with Mr. A.F.M. Mesbahuddin, Mr. Adilur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant At......he Ordinance it is abandantly clear that the Truth and Accountability Commission is not a Court nor a Tribunal for the trial of the offenders nor have any legal authority to exonerate the offender or grant pardon (অনুকম্পা) under section ২(ক), ১৮(ক), ১৯(১)(২), ২..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......tence and other learned Judge dismissed the appeal on maintaining Judgment of conviction and sentence. The appeal has been referred to me as Third Judge by Hon'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The ......l Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advoc......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ial Court allowed such custody for ten days. The same was reversed in appeal by the impugned order. Hence the Rule. 4. The learned Counsel appearing for petitioner submits that by exercising power under Section 16A of the Family Court Ordinance, 1985 (briefly as Ordinance), Family Court is ......positeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instanc......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......f the goods pledged remained with the debtor with the obligation as per contract. Under hypothecation a creditor has a right over the goods belonging to the debtor and such right gives the creditor a power to cause the thing to be sold to recover his dues out of the proceeds. It is also an act of pl....................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Result:
The appeal is allowed.
Cases referred to-
Sahera Bibi and others Vs. Abdul Motaleb and others, 17 DLR 373; Habibullah and others Vs. A ......nce or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V‑ Any relief claimed in the plaint, which was not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused.
E..
Category: Civil Law | Date: | Hits: 92
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......পাদন করিবেন।”
When translated into English the gist of the section will be as follows:
Section 21(1): “The VAT authority appointed under section 20 shall exercise all powers and shall perform the duties as are conferred and imposed on him by the Act and he shall be e......dul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October......tioner as one of its consumers. Therefore, the petitioner is liable to pay VAT on the impugned telephone bill.
In view of the above, the Rule is discharged without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ...... no action was taken. The petitioners, therefore, obtained this Rule Nisi from this Court. Mr. Md. Abdus Samad Kamal, learned Assistant Attorney General appearing on behalf of respondent No. 1, filed power. He, however, did not file any affidavit-in-opposition controverting the statements made in th......a Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is made absolute. Case referred to- Kazi Kamal Vs. RAJUK and another, 44 DLR (AD) 291. Lawyers Involved: Md. Idrisur Rahman......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......nce before the Statutory Arbitrator. Nor he had any grievance that the acquisition was not for a public purpose. 14. Close reading of the Ordinance makes it clear that section 7 of the Ordinance Empowers the Deputy Commissioner to make an award of the compensation for the property acquired and/or......n) Present: Md. Abdur Rashid J S Rahman Miah J Animal Protection Society Chittagong ………Appellant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advo.......- Save as otherwise expressly stated in this Ordinance, no Court shall entertain any suit or application against any order passed or any action taken under this Ordinance, and no injunction shall be granted by any Court in respect of any action taken or to be taken in pursuance of any power conferr..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ent to take cognizance of such an offence except on the complaint in writing of the Court concerned or some other Court to which it is subordinate. This provision thus puts restriction on the general power conferred upon all Courts of the Magistrate by section 190 of the Code of Criminal Procedure t......d others ....................Accused Petitioners Vs. Md Nurul Islam .......................Opposite Parties Judgment March 1, 2004. Result: The Rule is discharged. Cases referred to- Zakir Hossain and other Vs. State and another, 43 DLR (AD) 102; Mahir Molla and others Vs. St......rt under section 561 A of the Code of Criminal Procedure for quashment of CR Case No. 31 of 2000 and obtained the Rule where the further proceeding of the said case was stayed and ad interim bail was granted. 4. Mr. Nirmalendu Deb, the learned advocate for the petitioners has submitted that the p..Category: Criminal Law | Date: | Hits: 94
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......der section 43 of the Act. 29. In order to appreciate the conflicting submissions of the learned Advocates on the issue, I must first refer to section 43 of the Act. 30. Section 43 of the Act empowers the Court to rectify the register if the name of any person is entered in or omitted from the..................................Petitioner Vs. CA Hamid and Co. Ltd. and others.............Respondents Judgment February 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publicatio......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... accounts of every registered society once at least every co‑operative year, so that in case of any irregularity or embezzlement of the fund by any member, he shall be in a position to exercise his discretionary power whether or not legal action should be taken against him under law in the facts o......es incurred by him out of the funds in the conduct of the Society's business and no legal proceedings either civil or criminal shall lie against him in respect of anything done in accordance with the powers conferred on him by Rule 55 of the Co‑operation Societies Rules, 1987. These Rules were fra......Code. 3. Mr. Md. Ozair Farook, learned Advocate, appearing on behalf of the petitioner, submits, that the learned Magistrate has acted illegally in framing charge against the petitioner in failing to consider that the initiation of the proceedings for misappropriation of the bank's fund at the in...... merit in this Rule. 14. In the result, the Rule is made absolute. The proceeding in GR Case No.399 of 2003 is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (20..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......d party creditor of the Association on account of the non‑payment of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. M...............Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacharja, ILR 36 Ca......ney. Where there was a formal agreement under seal to pay a definite sum of money—that is a debt— the appropriate form of action was debt 'on an obligation'. Such agreements were looked upon as grants of debts and the term 'obligation' or 'bond' was used to describe the sealed document which g..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......the pension benefits accrued to them earlier or should be kept in abeyance under sub‑section 2 of section 20 of the Ordinance No. XX of 1982.
16. In this connection, it should be noted that all powers in the Republic belong to the people and Article 11 of the Constitution guarantees that the R......cial Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Chowdhury J
Chief Election Commissioner and 3 others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Res......ng upon the Comptroller and Auditor General of Bangladesh and other respondents, to show cause as to why the actions taken by the respondents directing the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of t..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......orage Ltd., is a private limited company and they have cold storage at Daulatpur, Khulna. The respondents were supplying electricity to the Daulatpur Ice and Cold Storage Limited by installing a high power transformer at the premises of the cold storage and since then the respondents were submitting......Case is also Reported in: 57 DLR (2005) 109.
......said cold storage whereupon the petitioners instituted Title Suit No.14 of 1994 against the respondent to restrain them permanently from disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 which was pending befor..
Category: Others | Date: | Hits: 135
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......o order dated 10-4-2010 the respondent No.2 directed the petitioner-company to deposit the amount in question. This abrupt decision of the respondents in manifestly unjust and unbridled exercise of power on the part of the authority and had certainly indulged in excesses.
24. Fortified with all...... 61.
......he impugned order. Against the said judgment and order National Board of Revenue and others filed Civil Petition for Leave to Appeal No.1587 of 2002 before the Appellate Division upon which leave was granted with ad-interim order in the following terms:
"The impugned order dated 21-7-2002 passed ..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... absolute but only subject to certain restrictions on her right to alienation, and subject to devolving of the estate upon the next heir of the last full owner upon her death. The restrictions of her power of alienation are however inseparable from her estate. 20. Alienation of the estate by her ......s.....................Petitioners Vs. Krishnapada Biswas & others.......................Opposite Parties Judgment June 19, 2002. Result: The Rule is discharged. Case Referred to- Lala Brij Lai Vs. Musammat Inda Kunwar, (1914) 23 Indian Cases 715; Mohammad Nuh Vs. Brij Beh...... without, however, any order as to costs. Impugned judgment and decree of the Court of appeal below reversing those of the trial Court in dismissing the suit are hereby upheld. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the record..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
...... he submitted that invoking of the constitutional jurisdiction under article 102 of the Constitution couldn’t be entertained and permitted.
17. Secondly, he submitted that the Government being empowered under section 25 A of the Act made the PSI Order. Any liability to be incurred by a PSI Agen......diction)
Present:
Md. Abdur Rashid J
Siddiqur Rahman Miah J
Intertek Testing Service (BD) Ltd. and another..........................Petitioners
Vs.
President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents
Judgment
May 20, 2003.
...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......tion of rape. Mazeda clearly stated in her evidence that she put up strong resistance to the accused and struggled all the while. We find no evidence on record to find that the accused completely overpowered her by physical assaults or instant threat of life to neutralize her power of resistance aga......dhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... held as follows: "The setting up of a statutory corporation, amongst others under the Order (President's Order 17 of 1972) in the name of Bangladesh Jute Mills Corporation having some controlling power over the nationalised company, did not destroy the corporate character of the company. That be..................................Petitioner Vs. SM Nurul Islam and ors ...... ................Opposite Parties Judgment May 21, 2002. Result: The Rule is made absolute. Cases Referred to- New Dhaka Industries Ltd Vs. Ouamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mill......d to get a decree for mandatory injunction as aforesaid in view of the legal bar in clause (c) correct (f) of section 56 of the Specific Relief Act which runs as follows: "56. Injunction cannot be granted ........ (c) correct (f) to prevent the breach of a contract, the performance of which would..Category: Employment/Service Law | Date: | Hits: 122
62876286628562846283601360025957595659555953595259495948594759445940585158505849