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Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......ble care he would have clearly known that those are not genuine. In the absence of such evidence, proved beyond reasonable doubts the benefit of doubt would go in favour of the accused. That is the principle of law with which there is no dispute. 22. Now, coming back to the impugned judgment ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......that people within and outside the project area do not suffer unlawfully. No person shall be deprived of property except under the law of the land; otherwise it would be subversive of the fundamental principles of a democratic Government and also contrary to provisions and spirit of the Constitution......n account of which a claim for compensation can be preferred under this section.” 40. Section 30 states thus: “30. When any such claim is made, proceeding shall be taken for determining the amount of compensation, if any, which should be made and the person to whom the same should be payab..Category: Environmental Law | Date: | Hits: 1051
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......ection 81 of the Customs Act after provisional assessment and upon furnishing Bank Guarantee of Taka 1,69,290.16 and Taka 3,36,195.80 for the first and second consignments was finally assessed at the amount which was equivalent to the amount of duty paid in cash and Bank Guarantee for Taka 3,36,195...
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......n has, if validly made, the full force and effect of a statute and this is so whether or not the statute under which it is made provides expressly that it is to have effect as if enacted therein. The principle that has been enunciated is not in dispute: question to be decided by us as to whether the......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122....... though rejected the application for the release of the defendant’s vassel, passed an order that she would be released on furnishing a Bank Guarantee of US $ 204,000,00 only which was less than the amount claimed by the plaintiff. 13. However, in such circumstance the defendants submitted the B..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......f shall be its owner with the encumbrance. 8. A person is entitled, to be added as a party in a suit even he be a stranger, if he has direct interest, legal or equitable, in the dispute. Under the principles we find the petitioner as an interested person in the result of the litigation. This R......dhar Ali since deceased. The defendants are the heirs of the loanee. Plaintiff Bank has also sought for other reliefs including the sale of the mortgage properties for the realisation of the decretal amount that may be passed in the suit. 3. In the plaint mortgaged properties have been described ..Category: Procedural Law | Date: | Hits: 67
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......ction under sections 30 and 33 of the Arbitration Act along with a surety signed by the Chairman of the Water Development Board on behalf of the Board and prayed for acceptance of the surety, for the amount of the award which is Taka 4,95,29,000.00. Thereafter the matter was placed before the learne..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......vance from him by executing a bainapatra to sell RAJUK Plot No.11(14) of Road No.23, Block‑3, Banani, Dhaka. But due to dispute about the said property petitioner agreed to refund that said advance amount but ultimately did not do so and thus misappropriated the said amount cheating him and in con..Category: Criminal Law | Date: | Hits: 60
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......effective remedy for the petitioners to avail of. In such a case, in our view, this Court in its writ jurisdiction has every reason to react to the manifest injustice and try to remedy it.
17. The principle of natural justice not only applies to Courts but, nowadays more and more it is being appl......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......itioner in the examination and he was found guilty of possession of writings relating to particular subject of the examination on mere surmise and conjecture. The learned Advocate also contended that principle of natural justice was not complied with by the Board of Residence and Discipline in the p......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......s not a respecter of any person. When a Labour Court passes a lawful order in respect of anybody it is expected that he should, however big he might be, respect the Court’s order. It is an accepted principle that the accused before coming to the higher Court for redress must submit first to the ju......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....y No.2. Accordingly opposite Party No.2 deposited 2% of the entire amount claimed and applied on 19-11-1991 for waiving 100% of the penal interest and 30% of the general interest and to allow 3 equal installments for liquidation of the interest. On his application the Board of Directors of the Sonal......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......on of the Head Office of the Bank he sold the jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate paymen..Category: Election Law | Date: | Hits: 148
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......y protection, albeit a precarious one, that can be given is that unless there is strict compliance with the essential provisions of the rule, the detention order cannot be sustained. The essence of principle is to protect a person's personal liberty. It is true that the Courts are prevented from g......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ame, that is, in total movable and immovable properties of Tk. 10,67,81,643.75, but he did not describe the assets and assess the value thereof specifically and properly. Though he had an outstanding amount of Tk. 1,77,376.81 from the accounts of East West Property Development (Pvt.) Ltd. and Bashun..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......are in respect of any matter agreed to be referred to arbitration. In a suit where claim is made which is outside the arbitration clause under the agreement the Court is bound to refuse stay and this principle has been well settled and has been well expressed by the House of Lords in the case of Hey...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......oard and thus the mandatory provision of Section 10 has been violated. Reference may be made to the cases, reported in 27 DLR 567, DLR 48 and 40 DLR 21, on the above point. 11. It is the settled principle of law that requirements of law provided for preventive detention must be strictly follo......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......t permissive. The Courts below have only gone through the evidence by way of finding if there was a better or alternative reservoir of water for the plaintiffs. In other words thus considered the principle of necessity. It was never a matter of consideration before the Courts below. It has been ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223......., his possession is in his own right and adverse to the transferor. If he continues in possession of immovable property for more than twelve years he will acquire an indefeasible title." 17. The principles of law enunciated in the above cases seem to be applicable to the facts and circumstances......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......His case was that by Exhibit 2 he submitted a representation to the accused-petitioners requesting the payment of termination benefits, and he also, enclosed a calculation of termination benefits amounting to Tk. 84,483/-. He admitted payment of Tk. 26,100.33 on the basis of the judgment, but ma..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ...... in which the Election Commission has passed the order impugned in the suit cannot but be a part of the process of the election. In this connection it must not be forgotten that the well-recognized principle of the election law is that the election should not be held up and the person aggrieved ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
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