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Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....tion filed in this Court under section 561A read with section 435 Cr.P.C. 5. Mr. Zinnur Ahmed, the learned Advocate appearing for the petitioner, submits that the father petitioner being the legal guardian of the minor child has in Law the constructive custody of the child and can claim tha......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....ved on the parties on 18.7.72. This suit was barred under section 32 of the Arbitration Act. 7. The learned Subordinate Judge held that the award in question is not a mere waste paper but has some legal effect. It is final and binding upon the parties. It is not a waste paper unless it is made a ......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....has power to allow interest while decreeing the suit. Learned Advocate, relied on some of the decisions of the Appellate Division as well as High Court Division and submits that learned Judge acted illegally in not allowing interest while decreeing the suit. 6. Mr. Shasti Sarker, learned Advocate......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....Office at Seoul, Korea. They have no income out of any business or transaction in Bangladesh. Their case is that they have no trading income and have no fixed place of business and, as such, they are legally entitled to put in nil income tax return with the income tax authority and accordingly, they......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....y the impugned order being Nathi No. S4-02/AP/Group-6/94/12989-Cus. Dated 12-4-1994 (Annexure-D to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to this Court may seem fit and prope......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....written statement. In this written statement appellant did not deny the accident. The defendant in written statement virtually challenged the claim of compensation, as those are imaginary and have no legal basis. 7. The specific case of the defendant-appellant is that he appointed the driver, def......ch being heavenly cannot be compensated, on this score plaintiffs claimed Taka 1,00,00,000. The plaintiff further claimed that deceased was a renowned writer/novelist, poet, dramatist and man of high status and was continuing writing in different periodicals and also published different books and ea..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....nt verbally and in writing on 29-3-94, 8-7-95, 15-6-96, 13-8-94 and 30-8-99 by issuing registered letter and having disgusted with the conduct of the defendants. Sonali Bank through his lawyer issued legal notice demanding payment of the loan within 9-1-2001. The loan at 3,00,000 so given to the def......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
....7-10-2002 deposited as per section 42(2)(a) of the VAT Act, 1991 at the time of filing of the appeal against the demand dated 7-10-2002 despite success in the appeal and Taka 19,30,521.72 which was illegally realized by the vat authority as trade VAT by misinterpreting the law shall not be declared ......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....use as to why they should not be directed to protect the river Jadukanta (in the mouzas of Puranlaur, Chaliarghat, Lamashram, Purbodoil and Ghagra, Police Station-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
.... dispute between the plaintiff petitioners and the defendant opposite party Nos. 1-4. This is also a reason why the impugned order cannot stand. 18. The next question that arises is whether this illegality has occasioned a failure of justice. This may be considered in the light of the decision re......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....ration of evidence that there was no apprehension of breach of peace with regard to the proceeding land and the parties to the proceeding were also in joint possession the Magistrate committed an illegality in making the final order and in not vacating the initial order and dropping the proceeding......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....uisitioned on 19.3.58 in L.A. Case No.66/57-58. Thereafter Basharatullah filed Title No.193 of 1969 in the 1st Court of Subordinate Judge, Dhaka and obtained a decree declaring the requisition as illegal and void. In consequence of the said decree the land was released from requisition and symboli......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
.... order dated 19th August 1974 with effect from the date of suspension on 2.4.74 vide Ext. "4". The plaintiff filed the suit for a declaration that the order of dismissal made by defendant No.1 is illegal, ultra vires and without jurisdiction and is of no legal effect and is against the princip......adesh State Warehousing Corporation Act (28 of 1956), which was subsequently replaced by the Madhya Pradesh Act 58 of 1962. It is a statutory body wholly controlled and managed by the Government. Its status is analogous to that of the Corporations which were under consideration in Sukhdev Singh's ca..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
.... Atiar Rahman Chowdhury and Nizamuddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing expert and the concerned police officers. After following the legal provisions regarding in absentia trial of accused Saidur Rahman Chowdhury @ Bachchu Chowdhury,......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
.... Akram Hossain Amin who has been appointed by the State for the purpose. The learned Advocate for the defence has attacked the judgment and order of conviction and sentence of the Sessions Judge as illegal, improper and perverse on the ground that he did not take any step to defend the condemned pri......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....nt preferred appeal before this Court. The learned counsel appearing for the appellant submits that the judgment and order of the Court below is based on surmise and conjecture, that there is no legal testimony to connect the appellant with the murder of his father Nona Mia; that in the First I......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...Category: Criminal Law | Date: | Hits: 117
.... Petition No.1698 of 1988.
(An application under Article 102 of the Constitution of the People's Republic of Bangladesh.)
Judgment
Abdul Matin Khan Chowdhury J. - This Rule challenges the legality of the order of the Respondent No.1 whereby disconnection of gas in the brick-field of the ...... first unit No. 3380002 was industrial Unit for manufacturing Ceramic and refractory bricks. Subsequently, the second Unit being No.3380004 was opened as a seasonal one and ultimately raised to the status of an industrial unit for manufacturing common bricks which is now prohibited by the recent..
Category: Others | Date: | Hits: 227
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....oresaid. The convict then preferred this appeal. 3. Mr. Mansur Habib, the learned Advocate appearing on behalf of the appellant, at the very outset submitted that the trial Court committed gross illegality in placing reliance on the evidence recorded by the Summary Martial Law Court without adopt......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ..Category: Criminal Law | Date: | Hits: 98
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
.... show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitioner after placing the impug......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....the instance of the petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 a......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
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