Search Options
Judgment Advanced Search
Displaying 1961-1980 of 3812 results.
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
.... of the public acting in good faith whose conduct does not disentitle him to an equitable relief may apply for the writ of quo warranto without showing any violation of his legal right. The relief is discretionary and hence in an application for quo warranto it is legitimate for the Court to examine......Bangladesh) is a law and development policy research institute. It has been providing pro-bono legal services to various energy customer groups of Bangladesh and has been involved in other energy and power related issues. The respondent No.2 was appointed as the Chairman of the BERC under the impu......aw Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan...... as the Chairman of the BERC by the impugned Memo No. বিজাখস(প্র-৩)/বা এরেক/নিয়োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 in flagrant contravention of the provisions of Article 129 (4) of the Constitution and in that view of the..Category: Employment/Service Law | Date: | Hits: 92
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......n Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learned Assistant ......he sanctioning authority. The sanction to prosecute is an important matter, it constitutes a condition precedent to the institution of the prosecution and the Government has an absolute discretion to grant or withhold their sanction. It has also been held that they are merely to see that the evidenc..Category: Criminal Law | Date: | Hits: 84
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......duction in computing the total income from house property under section 9 of the Act. Subsequently the Inspecting Joint Commissioner of Taxes, Range‑11, Dhaka (South) Zone, Dhaka in exercise of his power under section 34A revised the assessment order relating to assessment of income from house pro......section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and from house pr......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......ion by the Respondent No.1, the Deputy Commissioner Dhaka. In this connection, it is necessary to refer to the Regulations 12 and 13 of the Service Regulations, 1979 which run as follows: "12. The power to impose penalty upon a teacher under Regulation 11 shall vest in the authority competent to ......n (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment N......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......further submits that as the petitioner has large number of family members including the minor children he ought to be reinstated to his own post. The argument although is appealing but in exercise of power under Article 102 we are not authorised to declare the impugned order as made without lawful a......Wahab, Advocate ‑ For the Petitioner. Tufailur Rahman, Advocate ‑ For the Respondents. Writ Petition No.22 of 1987. Judgment AM Mahmudur Rahman J.- The petitioner in this Rule asks us to declare that the order made on September 29, 1986 by the respondent 1 has been made without lawfu......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......unction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for collection of tolls of Fatullah Hat and Bazar for 1398 BS by auction sale held on 11.4.91, being the highest bidde......he application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for collection of tolls of Fatullah Hat and Bazar for 1398 BS by auction sale held on ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......akness of his case and fill up the omissions. The discretion of the Court should not be used in favour of the plaintiff who was not diligent in getting the evidence filed although he could do so. The power under Order 41 rule 27 CPC is intended to be exercised when the Court considers itself unable ......Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia District Dhaka. In addition to the usual share inhe......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......he face of record and as such the impugned judgment and decree must be set aside. 6. Mr. JN Dev, the learned Advocate for the plaintiff opposite parties, has raised a question as to the revisional powers of this Court vis‑a‑vis the powers of this Court under the unrepealed section 100 CPC. It......on) Present: Qazi Shafiuddin J Bangladesh .... ........................Petitioner Vs. Md. Aslam and others ............ Opposite Parties Judgment July 27, 1989. Cases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashi......d bushes and had been exercising "Abadkari Amaldari right". That on the expiry of the said Amaldari right on 29.9.1955 the plaintiff wrote to the Manager for renewal of the settlement and the Manager granted Amaldari letter dated 15.10.55 and thereafter by Amaldari letter dated 1.10.1957 renewed the..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......he impugned order suffers from no error of law. 10. The only further question which has argued is whether it was permissible for the executing Court to entertain the application in exercise of its power under section 151 of the Code. Precisely, this question was also agitated in the case of Saleh...... Haroon and another .............................Petitioners Vs. Mst. Sufia Khatun and another ...........................Opposite Parties Judgment November 13, 1990. Cases Referred to- Usha Jain and others Vs. Manmohan Bajaj and others, AIR 1980 MP 146; Ramgulam Vs. Mahendra Ku......ntative in interest of the judgment‑debtor, has no locus standi at that stage to apply that the application of the decree-holder for actual delivery of possession should be dismissed and that he be granted only constructive possession. An application of the judgment‑debtor or his representative ..Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
...... a Professor and has also received the salary by rendering his service as a Professor, the order of appointment of the petitioner as Professor has been given full effect and it did not lie within the power of respondents to suspend the operation of the order of appointment in the manner as done by t......f Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule is discharged without any order as to cost.
Cases Referred To-
Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and anothe...... Annexure‑A dated 7.7.91. The impugned order is, therefore, arbitrary, void and without any jurisdiction.
3. On behalf of the respondent Nos.1 and 2 an application for vacating the order of stay granted at the time of issuance of the Rule on 14.7.1991 was filed on 21.7.91 stating that the post ..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inter alia, that he along with a contingent of high powered RAB-1 officials having received information, that there were a lot of Yaba tablets, phensydi........Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record-For the Appellant (In both Appeals). A...... two Druta Bichar Tribunal cases. Against the judgment and order passed by the High Court Division, the State filed Criminal Petition for Leave to Appeal Nos.594 of 2008 and 595 of 2008 and leave was granted by this Court to consider the submissions made by the learned Deputy Attorney General to the..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......to be enforced in writ jurisdiction arises out of statutory duty or sovereign obligation or public function of a public authority; (c) Where contract is entered into in exercise of an enacting power conferred by a statute that by itself does not render the contract a statutory contract, but ......erred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud B......ion No.4136 of 1998, by which, the High Court Division directed the appellants to pay in Bangladesh currency an amount equivalent to US$ 28250 to the writ petitioner as commission. 2. Leave was granted to consider whether the High Court Division was justified in directing the payment of commis..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......e impugned order rejected the application on the ground that the same was filed out of time by 7 days. The Appellate Tribunal further observed that the appeal being under special statute, it had no power to condone the delay; hence, this petition for leave to appeal. 5. Heard Mr. Korunamoy Chak......ther..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad ......hat where the opposite party admits the claim of the applicant or from the materials on record it is found that the relief claimed by the applicant should be allowed, the Tribunal shall make an order granting the relief to such extent as it deems fit. (7) Any party to the dispute aggrieved by an ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....itioners, as per agreement, may sue for compensation only and nothing else. It does not look nice to hear it at least from the mouth of the respondent No.1. Such a person does not deserve to have any discretionary relief from the Court. In the result, this application is allowed with costs and th......herefore, that the jurisdiction exists." It is further held that: "But the Joint Stock Companies Act 1857 section 9, greatly increased the effect of the earlier enactment, for it expressly gave power to decide questions of title arising between two or more alleged holders of shares." It is ......esent: Mozammel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Di......rs and Traders Ltd. Vs. Md. Mosharraf Hossain Khan, 34 DLR 343, the learned Company Judge of this Court held that the provisions of section 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protracted liti..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......tution, being discriminatory, inasmuch as, in the absence of any guiding principle as to the procedure to be followed in revoking or cancelling the passport there is every possibility of misusing the power by the authority concerned. According to Mr. Huq the passport authority has, in fact, misused ......oner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government of Pakistan and another Vs. Dada Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs....... Tribunal, Dhaka on 23.6.87 and therefrom he was sent to jail hajat. On 27.6.87 the learned Special Tribunal Judge after hearing the Counsel of the petitioner and the Public Prosecutor for the State, granted him bail at about 3‑30 PM but before being released on bail on the same day at about 5 PM ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......the impugned order of the learned Munsif directing detention of defendant No. 2 to civil prison is not sustainable in law. Moreover, the circumstances of the case do not warrant an exercise of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impu......ury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Referred to- Secretary of State Vs. Mask, AIR 1940 PC 105. Lawyer Involved: S A M Mahbub Elahi, Adv......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......rerdanga under Police Station Daulatpur within District Khulna. Plaintiff Nos. 2-3 and defendant Nos.5-6 are the son, the daughter and the wives respectively of late Sirajul Islam Khan, Managing Director of plaintiff No.1; defendant Nos. 1-2 are the banking company Defendant No.1 sanctioned loan of ......ge, Khulna in the said civil revision, respondent No.1 filed a revision application before the High Court Division under section 115(4) of the Code of Civil Procedure (the Code) and leave having been granted by the High Court Division to file revision. Rule was issued vide Civil Revision No. 1591 of..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......mpensation at the rate of 12% per annum till realisation of decretal amount against the defendant Nos.1, 2 and 3. 4. The defendant No.3 itself and on behalf of the defendant Nos.1 and 2 has filed power and written statement contending, inter alia, that the defendant No.3 is not in any way liable......ocate ‑ For the Defendants. Admiralty Suit No. 8 of 1982 Judgment Md. Mozammel Hoque J.- The plaintiff has instituted this suit on the allegations, inter alia, that the plaintiff is a statutory corporation carrying on business in general insurance of all kinds excepting life insurance thr......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ...... any complaint which has been dismissed under section 203 or sub‑section (3) of section 204". It is apparent that under the provisions of said section 436 the Sessions Judge has been expressly empowered to direct a District Magistrate or any Subordinate Magistrate to himself make further inquir......Ahmed and others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. ...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......respassers, they having no right, title and interest in the property. It is the further case of the Bangladesh Mukti Judda Kallayan Trust that eviction was caused by the Government in exercise of the power under Ordinance 24 of 1970 namely, the provision of law authorizing the Government to take kha......t…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hanna......iled by the Bangladesh Mukti Judda Kallayan Trust is directed against the judgment and order dated 19.8.90 passed by the Subordinate Judge, Narayanganj in Title Suit No.12 in Title Suit No.12 of 1986 granting mandatory injunction against the appellant namely, Mukti Judda Kallayan Trust, defendant in..Category: Property Law | Date: | Hits: 389
53585355535353505349534853475344534253415340533953385336533553345333533053295326