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Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....the election petition No. 2 of 2001 pending before this Court stating, inter alia, that the petitioner Idrish Ali Bhuiyan and the respondent No. 4, i.e. the present petitioner Dr. Alauddin Ahmed, and some other respondents contested the general election for the Member of National Assembly of the Con......fore the Election Tribunal under Article 49 of People's Order No. 155 of 1972 subject to the condition stated in Articles 50 and 51 of the Representation of People's Order No. 155 of 1972 hereinafter called the People's Order of 1972. The petitioner in violation of Article 50 of the Representation o......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....arty J Hanif Ali (Md)…………………………..Petitioner Vs. Hajera Khatun and others…………….. Opposite Parties Judgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......n drafted in English the plaintiff No. 2 could not understand the contents of the same and, as such, 1.88 acres of land has been left out and, as such, the plaintiff No. 2 has sustained a substantial loss and injury and thus, for ends of justice he may kindly be allowed a separate decree for 1.88 ac..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... stock of 13670 cartons was not there in the godown. On query, it was informed to the Bank officer that entire stock was delivered to the importer on the request of Md. Habib, the guarantor, it was also stated by the godown authority that Mr. Habib promised to refund the entire stock to the godown w......e Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chi......k of 13670 cartons of Dano Powder Milk was found missing from the godown of M/s Islam and Sons which is a party to that tripartite agreement; from that agreement it is clear that the liability of any loss of the stock is upon the owner of the godown so long the stock would remain in that godown. It ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....ool on the plea that the suit lands were recorded with other land in SA Khatian No. 33 in the name of Kasiruddin Chowdhury and Karimuddin Chowdhury. The plaintiff further stated that the aforesaid persons had no right, title, interest and possession in the suit land as those persons died long before......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102....... the findings that from the documents submitted by the plaintiff-school it appeared that the plaintiff school is in possession of the suit land and if the plaintiff school is dispossessed irreparable loss may be caused on the part of the plaintiff. The learned Subordinate Judge further found that th..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....’ property measuring 5.59 acres in mouza Baruiagram of Police Station Savar, Dhaka has been acquired in LA Case No.6 of 1994-95; that in due course compensation in respect of 4.55 acres of property so acquired was assessed at Taka 47, 92,200.00 and that assessment of compensation as regards 1.04 a......on with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner in which, the compensation is to be assessed and paid; but no such law shall be called in question in any court on the ground that any provision in respect of such compensation is ......idered were not at all considered and consequently compensation has been assessed at shockingly low amount; that assessment of compensation not being at a due amount same has caused serious financial loss to the petitioners. 4. Petitioners being not satisfied with the amount of compensation that ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... a further period of 15 days. By the impugned judgment the learned Additional District Magistrate set aside the order of conviction and sentence passed by the trial Court and acquitted the accused persons. It is against this order of acquittal the complainant petitioner moved this Court and obtained...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......M on 1-9-87 the accused persons being variously armed with deadly weapons illegally entered into his house and forcibly and dishonestly took away a Neem Tree and other valuable articles causing him a loss of Taka 18,000. 3. The defence case, as it appears from the trend of cross-examination of th..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
.... of Taka 51,53,073 and on 2‑4‑1985 on receipt of Taka 3,00,000 he executed an agreement 'Bainapatra' and agreed to execute and register necessary deed of sale in favour of the plaintiff or any person nominated by him. 4. Defendant No. 1 also entered into another contract with pro‑forma defe......d employees as witnesses for bringing, evidence as the plaintiff found no one to Support his case. 23. He submitted that defendant No. 1 clearly denied to have received any payment by singing so-called debit vouchers issued from the company and those vouchers were created for the Suit. Learned ......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
.... HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the Appellant. Not represented- the Respondent. Jail Appeal No. 36......ant came to her when she was walking in the field in front of their house and introduced him as the maternal uncle of the victim girl and requested her to call her downstairs. Accordingly, PW 4 Molly called her friend PW 2 downstairs saying that she was called by her maternal uncle and PW 2 in good ......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....s Judge, Noakhali to Druta Bichar Tribunal, Chittagong. 2. In Writ Petition No. 6047 of 2003 the petitioner challenged the vires of the aforesaid law, in particular sections 5 and 6 thereof, and also challenging the aforesaid SRO transferring Double Mooring (Chittagong) Police Station Case No. 28......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ...... that the charge-sheet has been submitted against 49 accused who are required to go to Chittagong from Companygonj, Noakhali at least twice a month to attend the case which will entail huge financial loss besides physical and mental torture on them and that in Noakhali there are Courts of Sessions J..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....mount of USS 2,66,600 from the account of the National Bank Ltd, Khulna, maintained with American Express International Banking Corporation, New York (AMEX for short). The Habib Bank, Dubai Branch, also informed the NBL, Khulna Branch, by its telex dated 20‑3‑1986 about their such demand of paym......elay raised by the defendant in sending the documents was not that much material. He further held that since the payment was refused much before sending of the documents on some other grounds, the so-called delay cannot outdo or vitiate the plaintiffs claim for payment. On the question raised by the......er instructed them not to make payments till the ship reaches Bangladesh. There was another condition in the letter of credit that the beneficiary would furnish a certificate in respect of sinking or loss of the ship, that they got the said certificate on 22‑5‑1986. This witness further stated t..Category: Business or Commercial Law | Date: | Hits: 202
....rance certificate before expiry of the said period. For installation of the Muri Factory the petitioner made registration in the office of Investment Board, Government of Bangladesh. The petitioner also obtained licence from the Department of Fire Service & Civil Defence, Government of Bangladesh.......ing the “পরিবেশ গত ছাড়পত্র”.
13. It is very interesting to note that both the respondents as well as the applicants tried to rely upon the fact of holding of a so-called inquiry held by one Mr. Md. Amirul Islam Khan, Inspector, Paribesh Adhidaptar Dhaka Division ...... 16‑11‑2002, 15‑11‑2002 being Friday. Thus, it is prima facie clear that the provisions of sections 8, 10 and 11 of the Paribesh Ain were not complied with in holding the inquiry. We are at a loss to see any logic in the case of the respondents that since the inquiry was held within the know..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....hallenged the imposition of separate customs duties and other taxes on its various equipment, in addition to the taxes and duties levied on the vessel itself on its LDT. Further, the assessment has also been questioned as customs duties and other charges along with VAT have been calculated on the ba...... weight of the loaded goods, fuel, weight of the water to keep the empty vessel balanced, weight of the drinking water kept in the ship, weight of the other goods, things and weight of the sailors is called "constant" and when constant and LDT are taken together then it is called "dead weight". The ......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ganj High School for a long time and he has been honestly and efficiently discharging his duty all through. It was further contended that defendant No.4, Head-Master in charge of the school, who is also a senior science teacher of the school was zealous of the professional success of the plaintiff a......ssing the plaintiff from service does not contain the signature of the members of the Managing Committee. The learned trial Court clearly found on consideration of the evidence on record, that the so-called order of dismissal of the plaintiff was patently illegal and without jurisdiction. The learne......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
.... 2. Complaint case at the trial was that, the complainant was married with the accused 4 years ago. Father of the complainant paid Taka 30,000.00 in cash to the accused at the time of marriage and also gave gold ornaments including wrist watch at the cost of Taka 60,000.00 during the marriage cerem......questions to him as the court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence,” Learned Advocate submits that the above manner of 342 Cr.P.C. state......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....eturns the petitioner though shown to have deducted Head Office expenses in total Income Tax computation sheet but did not disclose the basis of making such deduction for Head Office expenses and the sources of money for financing such expenses did not reflect in the profit and loss account sheet wh......it-in-opposition and supplementary affidavit-in-opposition and reply. It is the case of the respondent that the validity of notices served under section 93 of the Income Tax Ordinance, 1984 cannot be called in question as in response to such notice the petitioner has already submitted the returns. I...... by Bangladesh Bank to be separately repatriated but the same was subsequently disallowed from 1st January, 1976 and the item “Head Office Expenses” could no longer be reflected in the profit and loss account of American Express Bank Bangladesh (petitioner) but the said Head Office expenses bein..Category: Fiscal/Taxation Law | Date: | Hits: 132
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....ulting in the plaintiff’s failure to run the mill properly. When the plaintiff prayed for further amount the defendant bank wanted hypothecation of the goods which the plaintiff refused. The bank also demanded further security though the entire project was under the security and mortgage with the ...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......efore the instalment under IDA became due the bank realised this by deducting the same from cash credit amount. Their further case is that this resulted in the stoppage of the mill and causing a huge loss to the plaintiff. The plaintiff also asserted that the bank also thrust upon the plaintiff a tr..Category: Civil Law | Date: | Hits: 72
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Ahmed J Dr. Abeda Begum and others..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahra......ight to amend the result, if necessary, for any reason. The petitioners including others were found ineligible to appear at the Viva-Voce Examination for different valid grounds. Thus they were not called for Viva-Voce Examination held on 6th to 8th July, 2003. The reasons for not allowing the pet...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....iled by the defendant No. 3. Against that order the defendant No. 3 filed a revisional application in this Court, being Civil Revision No. 2800 of 1994, in which the Rule issued was ultimately made absolute in part directing the trial Court for giving the plaintiff a chance to amend the plaint in re......yed mainly in a managerial or administrative capacity, Under section 2(h) of this Act, any person employed in such an establishment to do 'managerial or administrative' functions falls into the class called 'employer.' In the corresponding provision of the Industrial Relations Ordinance, 1969, worke...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....on were lying in port shed and requested the plaintiff for clearance of the same. On physical verification by the plaintiff and their clearing agent it was found that the goods offered were, in fact, some refilled packages of gunny bags containing sweeping, dust, wastages and in loose and damaged co......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......the proposal of defendant No. 3 for joint survey and made it known that in case the contents of the packages were found to be damaged and unworthy of use the defendant will be bound to compensate the loss and ultimately, a joint survey of 37 bales of raw cotton was conducted by Messrs Modern Surveyo..Category: Civil Law | Date: | Hits: 87
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....onsent and subsequently as per terms of the sanction letter of the loan, a Power of Attorney was executed in favour of the Bank for mortgaging the same. The respondent Nos. 4-6 (defendant Nos. 2-4) also executed all necessary documents in favour of the bank as a security for repayment of the loan in......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......hough the plaintiff bank gave reminder on many times. The defendants-respondents also did not repay the installments of the loan as was fixed against the sanction of loan and thereby caused financial loss to the plaintiff bank. The vehicles became unfit for want of registration. The grace period for..Category: Civil Law | Date: | Hits: 78
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