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Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....hereof and accordingly we affirm the conviction of the condemned‑prisoner. 34. Now coming to the sentence as has been submitted by the learned Counsel for the condemned-prisoner, let us consider relevant provision of section 19 which reads as under- “19. Penalty for breach of provision of ...... signed therein. Thereafter room No.15 was also searched and a big size bag was found which contained 2 gum pots, two perfumed boxes, wearing apparel of Mr. Innocent and an attache containing certain papers including his diary which along with the rent receipt of room Nos. 14 and 15 of Gulshan Guest......an J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with An......e of evidence the condemned-prisoner was examined on 3‑8‑1991 under section 342 of the Code of Criminal Procedure with reference to the deposition of the P.Ws., his confessional statement and the documents against him to which he claimed innocent and further stated that he pleaded not guilty and..Category: Criminal Law | Date: | Hits: 164
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....as no-material to discriminate the cases of the appellants from those of the aforesaid co-accused and the learned judges of the High Court Division did not take into consideration all the materials relevant for granting bail to the appellants. Mr. A.W. Bhuyan, the learned Additional Attorney-Gener......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdul Gafur Sarder and another…………………Appellants Vs. The State and another………………Respo......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....ns 435, 436, 439 or S.417 of the Code. The function of the Court, therefore, must be based on some reasonable grounds and before making that order, the Court must take into consideration attending or relevant matters and circumstances. It is true that the Court is not required to record its reason......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......his Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... document in question is at page 42 of the Paper Book. It says ''This deed of mortgage between Messrs. G.M.G. Industries Corporation Limited and the Bank of Credit and Commerce International." The relevant portion for our purpose is quoted below: ………………………………… (ii)......tha and the Government of Bangladesh for allowing the petitioner to continue with the limit and the petitioner agreed to do so. Accordingly, the petitioner wrote and executed the documents on stamp-papers Tk. 27,000/- (twenty seven thousand) calculating the duty chargeable under Article 40(c) of t......eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm......ties of the Company. The respondent offered a property which was already mortgaged with Bangadesh Shilpa Rin Sangstha (as first mortgage). The Registration authority took the view that the proposed documents were to be stamped under Article 40 (b) of the Schedule 1 of the Stamp Act and not under A..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....the facts of the case and decide for itself whether a transfer is still subsisting. A Court in disposing an application for preemption may go into the question as to whether a suit to set aside the relevant sale was collusive or fraudulent, but a finding to that effect would not necessarily become......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal i......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....the impugned decision was embryogenesised with a depraved fertilisation process that took place in the thoughts of the Commission. 6. The petitioner’s case is that the government in power at the relevant period, with malice aforethought and ulterior motives, in order to malign the stature and t...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......se is also Reported in: ......its own can be invoked without relying on any other penal law because Section 5 (2) can stand on it’s own legs. 19. Having heard the learned advocates of both the sides and having considered the documents in the file, it is our view that we are to address the following questions in the process ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....itioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. 2. Facts relevant for disposal of the Rule are that Rupali Bank Ltd. As plaintiff instituted Mortgage Suit No...... learned Judge of the executing Court did not commit any illegality in rejecting the petitioner’s application, he concludes. 9. We have perused the writ petition, affidavit-in-opposition and the papers submitted therewith and also considered the submissions of the learned Advocates of both the ......gh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....cle 102 of the Constitution the appellant had locus standi to question the validity of the impugned orders.
14. In support of his contentions mentioned above, the learned counsel referred to the relevant notifications issued by the Government since the respondent’s firm was taken over by it o......management of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export,......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......nt of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import,..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....ncy Act, 1949. He relied on the provisions of sections 106, 107 and 110 of the Transfer of Property Act and section 9(1) (c) (iii) of the Non-Agricultural Tenancy Act. 5. For ready reference the relevant provisions of the Transfer of Property Act are quoted below: "106. In the absence of a......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....e plaintiff-respondent wants to take advantage of the wrong committed by the defendant-appellant. Conceding that it was so, the plaintiff-respondent has, by keeping silent over such omission at the relevant time, done some wrong. If he took the objection he is taking now at the time of hearing the......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......esent FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J AK Murshed Ahmed………………… Appellant Vs. Md. Meher Ali and others………………… Respondents Judgment January 20, 1983. Result: The Appe......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
....73.
6. The High Court Division considered the provision of law and arrived at a finding that:
"In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the learned Deputy Attorney General, that initially by the notifi......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......wdhury J
Md. Shahidullah (Kamal)……………………………………………………Petitioner
Vs.
Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others…………………Respondents
Judgment
January 23, 2006.
Result:
The petiti......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ..
Category: Election Law | Date: | Hits: 190
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....ase it was held: “In the instant case suit is in essence and substantially a suit by the landlord for ejectment of his tenant. In such a case the question of tide to the disputed premises is not relevant at all. Once a relationship of landlord and tenant is pleaded by the plaintiff the landlord......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......w of the finding of the trial Court that the case involved a question of title the same should be tried by the SCC, Court rather by a competent civil Court. But on a reference to the evidence and the documents mentioned above I am unable to accept this contention of the learned counsel for the oppos..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....hich have not become barred by limitation shall continue to be recoverable by such rent receiver amicably or through Civil Court, from the persons liable to pay them. We have referred only to the relevant part bereft of irrelevant parts. This provision of law no doubt has preserved the right of ......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
.....824 of 1976) Judgment Ruhul Islam J.- This appeal by special leave arises from the judgment and order of the High Court Division dated May 31st, 1976 in Civil Order No.824 of 1976. 2. Facts relevant for disposal of the appeal are that the appellant and respondents 11-15 as plaintiff inst......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appe......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....the learned Senior Advocate appearing on behalf of the petitioner after taking us with the petition, the Annexures therein, supplementary affidavits and reply to the affidavit in opposition and other relevant papers exhaustively argued several points on the issue. The learned counsel has firstly arg......ed Senior Advocate appearing on behalf of the petitioner after taking us with the petition, the Annexures therein, supplementary affidavits and reply to the affidavit in opposition and other relevant papers exhaustively argued several points on the issue. The learned counsel has firstly argued that ...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....he Industrial Relations Ordinance, 1969 (the IRC) in short) or the Employment of Labour (Standing Orders) Act 1965, the words "workers" and "workmen" are defined in clause xxviii of the IRO and the relevant portion which runs as follows: "(xxviii) 'worker' and 'workman' means any person includi...... establishment as per the Labour Law through no documents in support has been filed there on. But on perusal of the affidavit in opposition it appears that the respondent No.2 has annexed different papers, which shows that the petitioner is also involved in business, and trade, which was not denie......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......69. It appears from the written statement filed by the petitioner that in the said written statement the petitioner claimed itself not as an industry or establishment as per the Labour Law through no documents in support has been filed there on. But on perusal of the affidavit in opposition it app..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....eing void the plaintiff is not entitled to any relief. He then refers to a decision in the case of Ranju Roy Vs. Jibesh Ranjan Roy reported in 14 MLR (AD) 18. Their Lordships held in paragraph 6, the relevant passage from the aforesaid paragraph is quoted below: "Moreover the plaintiff, who exami......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......aks that document which affects immovable property shall be presented for registration in the office of sub-registrar within whose sub-district the whole or some portion of the property to which such documents relate is situated. In the instant case it has already been mentioned above that two decim..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....y, supporting the judgments and orders passed by the Courts below, submits that both the Courts below assessing the evidence on record rightly found that the opposite party No. 1 (first party) at the relevant time was in possession of the case land. He further submits that at the relevant time Civil......tion of complaint, enquiry report and the judgments and orders of both the Courts below annexed with the application for quashment and the supplementary affidavit and the counter-affidavit along with papers annexed therewith. We have also perused the evidence from the lower Court records. 14. Pri...... ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....Their contention is that an indigenous company of the kind of the Respondent Companies, making the prescribed arrangement as referred to above, could claim rebate on more than one count under the relevant provision of the respective Finance Act and that for determination of the maximum limit o......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
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