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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. ......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. ......). 16. Under sub‑section (2), amongst other, if there be a dispute as to title to receive the compensation or as to the apportionment of the compensation, the Deputy Commissioner shall keep the amount of compensation in a deposit account in the Public Account of the Republic Subject to the det..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. ...... restricted interpretation as it was spelt out by the Appellate Division in the case of Abdul Hye Khan and others Vs. State reported in 40 DLR (AD) 226. 8. Now in the present case whether the said principle of law would apply or not is the only question left for consideration. From the perusal of......ged agreement dated 13‑3‑1997. Photocopy of a forged document is not by itself a forged document. It is only taking a copy of a false document. Use of a photocopy of the forged document could not amount to use of a forged document. Moreover, the action brought by the opposite party against the p..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....letter of guarantee on the same date as security for repayment of the loan liabilities on behalf of the Beximco Holdings. After such re-schedulement, the Beximco Holdings paid Taka 13,00,00,000 being installments from 1‑1‑98 to 31‑1‑99 at the rate of Taka 1,00,00,000 per month. They paid Tak...... materia though made at different times, or even expired, and not referring to each other, they shall be taken and construed together, as one system and as explanatory of each other." 26. Upon the principle, the Court is definitely permitted to look at the definition of loan in the Ain when the B......plaintiffs instituted the suit against the International Finance Investment and Commerce Bank Ltd., in short, the IFIC Bank, and others for a decree of several declarations including the ones that no amount was due from the plaintiffs to the defendants under the schedule 112 accounts and the Baghkha..Category: Civil Law | Date: | Hits: 71
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... 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 (2005) 145. ...... 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 (2005) 145. ......money from the bank. He had allegedly misappropriated Taka 6,51,015 during the period between 1996 and 2000 i.e. within a space of about 4 years, and on 16‑2‑2000 he had misappropriated a further amount of Taka 1,80,000. Petitioner has filed a supplementary affidavit in which he has annexed a re..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. ......radesh High Court where a different view has been taken and, with respect, I find it difficult to accept the proposition laid down by the single Bench of Andhra Pradesh High Court. In laying down the principles the learned Judge lost sight of the legal characteristics of 'debt' and failed to appreci......inancial hardship and assured the petitioner that he would be paid in a matter of weeks and months. The petitioner in paragraph No.7 of the application has given break‑up of the claim and the total amount comes to Taka 15,24,700. It further appears that a statutory notice dated 1‑3‑2003, as ev..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.
......doubt constitutional functionaries and not employees in the service of the Republic, although they are entitled to their salaries but not to any pension as the Election Commissioners. It is the basic principle of service of a Government Officer that after retirement, he becomes entitled to a pension......, calling 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 payme..
Category: Employment/Service Law | Date: | Hits: 99
....upplied any bill in accordance with the judgment of the learned Magistrate. Thereafter, the petitioners again wrote a letter on 16‑8‑1994 to respondent No.1 requesting him to allow them to pay in installments for paying the bill of 91200 units. But the respondent Nos.1‑3 did neither reply to t......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.
......otice upon them for disconnecting the electricity. The petitioners then filed Title Suit No.14 of 1994 in the Court of Assistant Judge, Khulna and in that case the respondents appeared and claimed an amount of Taka 50,43,262.50 on account of stealing electric energy by the petitioners whereupon the ..
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.
......dients, (i) Findings of materials facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts, and (iii) judgment based ......osal of the appeal. The impugned order of the Assistant Commissioner of Customs VAT dated 14-2-96 Annexure-D to the writ petition is stayed for 6 (six) months subject to payment of 50% of the claimed amount on account of VAT. The respondent shall also continue to pay of 50% out of the 15% VAT clai..
Category: Fiscal/Taxation Law | Date: | Hits: 140
.... 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.
...... 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.
...... submitted that pursuant to the terms of the contract of appointment as a PSI agent, the petitioner companies each had already furnished a performance guarantee in the form of a bank guarantee for an amount of Taka 2 crore to cover all liabilities including penalty that may be imposed in the dischar..
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. ...... 1967 CrLJ 922, the case of Lahore High Court Vs. Emperor, reported in AIR 1933, Lahore 1002 and the case of Kishen Singh Vs. Emperor reported in AIR 1927 Lahore 580 in support of his contention. The principle of law laid down in the cited decisions readily supports our view. In the result, the a......omplete and the culprit commences to do an act with the necessary intention, which is a step toward commission of the offence. 18. An attempt is an act done in part execution of a criminal design, amounting to more than a mere preparation but failing short of actual consummation. An attempt may t..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. ......olled and managed by the said Corporation created by Ordinance 1976 which has admittedly its Service Rules, the plaintiff's service is regulated by the Service Rules of the Corporation and not by the principle of Master and Servant and the Courts below found fault with the discharge order dated 7‑...... 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. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......s not competent in law to terminate the services of its workers without initiating a disciplinary action under section 18 of the Employment of Labour (Standing Orders) Act, 1965 as it would otherwise amount to a dismissal, could be determined with reference to the activities permissible as trade uni..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......Board of Directors or in the shareholding position of the company. Similarly, Companies Act permits re-valuation of shares, upon acquisition or diminution/loss of assets by the company. On the same principle, company can allot further shares at par, below per or above par/at premium. The only ques......e/4067(3)Stha: dated 02.11.2004 allotted the said House No. 92 (New 14), Road No. 2, Dhanmondi to the Accom-Engineering Company Ltd. (the Company), on condition of depositing Tk. 40.94 lacs being the amount less than the price estimated and fixed by the ‘Price Evaluation Committee’ of RAJUK. Acc..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332....... and G.D. Entry dated 23.01.1978 and 14.10.1978 as proved by "Exhibit A, Exhibit A-l and Exhibit Ga" and thereby erred in law in passing the impugned judgment and decree without following the correct principle relating to the appreciation of the evidence on record and as such the impugned judgment a......being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court, Dhaka impleading the present appellant Noor Alam and 2(two) others as defendants for realization of its outstanding dues amounting to Tk.4,43,888.50 with interest. The plaintiff's case in short, is that, the defendant No...Category: Procedural Law | Date: | Hits: 107
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ...... with all interest and additional costs in accordance with the loan Agreement, and in the event of any default by the Borrower, to pay "upon demand forthwith" to the Petitioner "without demur all the amounts payable by the Borrower under the Loan Agreement." 4. The Petitioner asserts that the Bor..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......acts" and in this regard, the “doctrine of continuous officiation” should be called in aid for their absorption/regulations in the service of Biman. 15. Dr. M Zahir also submits that the principle of legitimate expectation requires that the petitioners should be made permanent employe......ng services of BFCC. 11. At the outset, Dr. M Zahir, the learned Advocate appearing on behalf of the petitioners, submits that the impugned Clause (d) of the Organization Order No.13 of 1989 amounts to discriminatory treatment against the petitioners and the said Order should be struck do..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......e Chairman of the NBR is an inseparable and essential constituent part for the board to function the sanction given by it cannot be taken to be in any way tainted for his presence on the board. The principle of coram-non-judice has no application in the present case." 14. We have gone through t......art of the charge sheet. From the sanction letter it appears that it is not written which materials were placed and issues were involved in the matter Sanction is vague and there is no mention of the amount misappropriated and the materials alleged to have been taken by the appellant from the Fami..Category: Criminal Law | Date: | Hits: 126
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......this Court with clean hand and the Court was kept out of its knowledge regarding the taking over charge by the petitioner. The discretionary power is to be exercised in every case on a sound judicial principle as to whether it is reasonable or not in the circumstances of a given case to grant the re......of the industrial establishment will be left with no remedy to vindicate their grievances before any authority. In the facts and circumstances of the present case the welfare of the workers is paramount consideration. The Court is always lean to keep alive an order opposed to the benefit of ..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......wers that he exercises are substantially, in excess of those possessed by a First Class Magistrate inasmuch as a Special Magistrate may sentence a person to three years' imprisonment and impose any amount of fine....................................Thus no right of appeal can be inferred from secti..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......thers reported in 27 DLR 373 wherein a large number of decisions of the Appellate Division and the High Court Division of the Supreme Court have been referred. All those cases lay down the well known principle that complicated question of fact should not be entertained in a Writ Jurisdiction and Wri......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
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