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Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....cannot be supplied by a Court of Law, for that would be to make laws." 19. The well-known author Maxwell on the Interpretation of Statutes (Twelfth Edition) at pages I and 2, spells out the principle in this precise manner: "If the language is clear and explicit, the Court must g......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ...... Vs. Government of Bangladesh, 2002 BLD 236; Narayana Swami Vs. Emperor, AIR 1939 PC 47; Gurdial Singh Vs. Central Board, 9 ILR (1928) 689; Vickers, sons of Maxim Limited Vs. Evans, 1910 AC 444. Lawyers Involved: Gobinda Chandra Tagore, Advocate‑ For the Petitioner. Not represented-..

Category: Civil Law | Date: | Hits: 2

Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)

....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......s Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Abul Kalam Moinuddin-For the Petitioner. Nurul Amin and Sakila Rowshan..

Category: Procedural Law | Date: | Hits: 31

Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)

....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......��…….Petitioner Vs. Artha Rin Adalat, 1st Court, Dhaka and others………………………..Respondents Judgment January 21, 2010. Result: The writ petition is disposed of. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Mustafa Jaman Islam, Deputy A..

Category: Civil Law | Date: | Hits: 37

Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)

....w concurrently found that the petitioner failed to show any sufficient cause by cogent evidence for restoration of the suit after setting aside the decree passed ex-parte against him. It is a settled principles of law that concurrent finding of facts arrived at by the Courts below should not be dist......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......�…………………………Opposite Parties Judgment July 11, 2010. Result: The Rule is discharged. Case Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 51. Lawyers Involved: None appears -For the Petitioner. S.N. Goswami, Advocate - For the Opposite ..

Category: Procedural Law | Date: | Hits: 28

Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....n a given case must depend upon the circumstances of that case and the construction of the statute under which the authority purports to act. Whether the proceedings are judicial in character, the principle of natural justice embodied in the above maxim would apply. This principle that no man ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ondents Judgment April 15, 2010. Result: The Rule is discharged. Cases Referred to- Ridge Vs. Baldwin, 1864 AC 40; Farid Sons Ltd. Vs. Pakistan, 13 DLR Supreme Court page 233. Lawyers Involved: Dr. M. Zahir, senior Advocate with Md. Immam Hasan - For the Petitioner. ..

Category: Business or Commercial Law | Date: | Hits: 72

Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....plaint is specifically denied. The suit instituted by the plaintiff is not maintainable in the eye of law; that the suit is bad for non-joinder of parties; the suit is barred by limitation and by the principles of estoppel, waiver and acquiescence, also stated that the plaintiff has no cause of acti......tatives and representatives of Defendants as well as the plaintiff. On survey in the ship it was found that there was a shortage of 5.754 metric tons only and Tallow was then pumped into the tanks of International Tank Terminal, Potenga in presence of all surveyors and the respective parties. In the......��….. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to- 9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. Lawyers Involved: Md. Ohiullah, Advocate — For the Appellant. Momtazuddin Ahmed with S..

Category: Admiralty Law or Maritime Law | Date: | Hits: 69

Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)

....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......��……………..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 2011. Result: The Rule is discharged. Lawyers Involved: AFM Hasan Arif, Senior Advocate with Md. Shamsul Islam and Zakir Hossain Munshi..

Category: Fiscal/Taxation Law | Date: | Hits: 40

Joynal Abedin Vs. State, 2011, 40 CLC (HCD)

....de of Criminal Procedure is that the accused person is quiet innocent; that no firearms and cartridges was recovered from him and that he has been falsely implicated in this case. 24. The cardinal principle of criminal jurisprudence is that the accused petitioner should presumed to be innocent ......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......, 1984 (AD) 193 = 37 DLR (AD) 139; State Vs. Lalu Miah, 1987 BLD (AD) 212 = 39 DLR (AD) 117; Ghulam Muhammad Vs. Muzammel Khan, PLD 1967 SC 317 = 19 DLR (SC) 439; Sher Ali Vs. State, 46 DLR AD 67. Lawyers Involved: Khurshid Alam Khan with Das Tapan Kumar - For the Petitioner. Rona Nah..

Category: Criminal Law | Date: | Hits: 36

Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....s on the ground of inclusion of indenting service in the schedule of charging VAT moved this Division for seeking that the same has been done without any objective basis and, as such, ultra vires the principle of charging tax on value addition. 7. Mr. AF Hasan Ariff, the learned Senior Advocate a......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......sociation and another.............Petitioners Vs. Bangladesh and others................Respondents Judgment April 10, 2012. Result: The Rule is disposed of with observations. Lawyers Involved: AF Hasan Arif, Senior Advocate with Razik-al-Jalil, Advocate - For Petitioners...

Category: Fiscal/Taxation Law | Date: | Hits: 51

Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)

....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (SC) page 281; Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others, 25 DLR page 284; 25 DLR at pages 248 and 476. Lawyers Involved: Syed Shamsur Rahman - For the Petitioner. M.A. Wahab, Assistant Attorn..

Category: Property Law | Date: | Hits: 19

Abdul Hamid others Vs. Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others, 1983, 12 CLC (HCD)

.... I do not find any error of law or of procedure in the Judgment. This appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ...... I do not find any error of law or of procedure in the Judgment. This appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 295. ......s Sobhan Mir & others…………………Respondent Judgment March 30, 1983. Result: This appeal is dismissed. Cases Referred to- 17 DLR (SC) 398; 14 DLR 725; 27 DLR 589. Lawyers Involved: Shehabullah with Moqbul Ahmed - For the appellants. A.KM. Shafiqur Rah..

Category: Procedural Law | Date: | Hits: 25

Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)

....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......d others, 52 DLR 456; Chand Miah Talukder Vs. Chairman, Court of Settlement, Bangladesh Abandoned Building, Segunbagicha, Dhaka and others, 45 DLR 304; Bangladesh Vs. Feroz Ahmed, 1 BLC (AD) 149. Lawyers Involved: M. I. Farooqui, with Md. Ruhul Quddus and Md. Zahid Imam, Advocates - For the P..

Category: Procedural Law | Date: | Hits: 24

Bangladesh Environmental Lawyers Association (BELA) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....that development and protection of the environment are not enemies. If without degrading the environment by applying stringent safeguards, it is possible to carry on development activity applying the principles of sustainable development. A balance has to be struck. In such matters, many a times, th...... system of the concerned area intact and that no other Ministry shall have any say in this regard. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 185. ......ted in: 30 BLD (HCD) (2010) 185. ..

Category: Environmental Law | Date: | Hits: 362

Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)

....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......ot substantiate his claim by any evidence of any nature whatsoever during the hearing of temporary injunction matter, then it cannot be said she has a prima facie arguable case……………(11) Lawyers Involved: Md. Abdul Quayum with Md. Sk. Sharifuddin Advocate - For the petitioner. Mo..

Category: Procedural Law | Date: | Hits: 26

Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)

....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......nd another…………………….Accused-Petitioners Vs. The State and another…………………..Opposite parties Judgment May 15, 2006. Result: The Rule is made absolute. Lawyers Involved: Rafi Ahmed, Advocate - For the accused petitioners. Nahreen Amin with Harun..

Category: Criminal Law | Date: | Hits: 18

Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)

....ision that an application under Section 561A of the Code will be pre-nature unless the accused-petitioner had gone through the stages under Section 241A or 265C of the Code is not consistent with the principles of law already settled. From a careful reading of the aforesaid decisions reported in 7 B......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......d Hossain Baber and others, 7 BLT (AD) 305; Shokrana Vs. The State, 6 MLR (AD) 180; Abu Bakker & ors Vs. State, 46 DLR (HCD) 684; Moksudur Rahman Hilary and others Vs. State, 47 DLR (HCD) 314. Lawyers Involved: Abdul Baset Majumder, Advocate - For the Petitioners. Abdur Rouf, Deputy Att..

Category: Criminal Law | Date: | Hits: 24

Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)

....te Court below also found that the resolution dated 14-6-1997 does not show that the plaintiff was given an opportunity of self-defence and that the order of removal of the plaintiff is against the principle of natural justice. Trial Court relied on the decision in the case of Rafiqul Alam Vs. Sec......t is hereby affirmed. 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: 13 BLC (HCD) (2008) 63. ...... September 10, 2007. Result: The Rule is discharged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involved: JK Paul with Banamali Nandi, Advocates - For the Petitioner. Abdul Man..

Category: Employment/Service Law | Date: | Hits: 29

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......d Vs. S Thippa Reddy, AIR 1987 (SC) 1359; Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27; Chairman, Bangladesh Water Development Board Vs. Shamsul Huq and Co. Ltd., 51 DLR (AD) 169. Lawyers Involved: Md. Abdul Mazid, Advocate - For the Petitioner. Rais Uddin Ahmed, Advo..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)

....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim Howlader, BCR 1984 (AD) 159. Lawyers Involved: Abu Salek - For the Petitioners. None – For the Respondants. Criminal..

Category: Criminal Law | Date: | Hits: 144

Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)

....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......e, III BLC 673; Ayub Ali alias Md. Ayub Ali, 5 BLC 345; Nurul Islam Vs. State, 1988 BLD 106; State Vs. Munir, 1 BLC 345; State Vs. Abul Kalam, 5 BLC 230; Abu Siddique Vs. State, 1990 BLD (AD) 166. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocate - For the Appellants. SM Shajahan ..

Category: Criminal Law | Date: | Hits: 134

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