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AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ashid J. - The plaintiff presented the above appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
....y the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
Result:
The Rule is discharged.
Cases Referred To......as been held as follows:
"But a remand order is not to be granted as a matter of routine. Section 29 All 184 P.C. and 17 All 112 P.C. Mr. Moksudur Rahman found it difficult to pinpoint the area of investigation which could be done on remand. The crucial question is as to the physical presence of ..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
.... Rule. 4. Mr. AKM Ali, the learned Advocate appearing on behalf of the petitioners in both the cases, submits that in the first information report nothing has been specifically mentioned about the participation of this petitioner and he is not even named in the body of the first information repor......asuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fixed rate by passing the decision taken in 61st meeting of the board of trustee. The Bureau of Anti‑Corruption after investigation submitted charge sheet on 21‑7‑2002 under sections 409/420/109 of the Penal Code r..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands ......osite parties to show cause as to why the proceeding of GR Case No.268 of 2004 now pending in the Court of Metropolitan Magistrate, which allowed the Naraji petition and directing the RAB for further investigation of the case should not be quashed. 2. The facts relevant to dispose of the Rule, in..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....tion sold property asserting, inter alia, that the title of the petitioner has been established by a competent civil Court and that the petitioner and his brother were neither the debtors nor the 3rd party mortgagor. The learned Judge of the Artha Rin Adalat by the impugned order dated 5‑8‑03 di......e 3rd party would attract the provision of sub‑section (2) and under the provision of Civil Procedure Code that claim is only dealt with under Order XXI, rule 58 of the Code of Civil Procedure. The investigation of claim and any objection made to that claim are dealt with by rule 58 to rule 62 and..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... 8. Further case of the petitioners are that Bangladesh has ratified UN Convention against Corruption and that the impugned Ordinance has contravened obligations of Bangladesh under UN Convention, in particular Article 30 and 31 of the convention for prosecution, adjudication, sanction, freezing, se......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....em PW 5 Police Constable Zulfikar Ali was tendered from prosecution and cross-examination had been declined from convict-appellant. Informant PW 1, also, figured as PW 6 who performed Investigation partially, PW 2 Zafor Ali Khan was seizure list witness witnessing search and seizure, PW 3 and 4 we......on, cross-examination had been declined from side of convict-appellant. 15. PW 6 is, also, PW 1. PW 6 stood in the examination of other witnesses did not affect merit witness box in support of his investigation of decision of case performed partially. In his evidence he stated that he investigate..Category: Criminal Law | Date: | Hits: 84
....ion of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence and barred by limitation and defect of parties.
8. It is their definite case that the imported ship along with scraps that would be deri......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... Judge, Mymensingh for declaration that enlistment of a portion of his properties as enemy/vested specified in the schedule to the plaint was illegal and without jurisdiction. The suit was decreed ex parte on 18‑31982. The Government filed Miscellaneous Case No. 32 of 1983 under Order IX, rule 1......s. In this connection, reliance may be made on the case of Kazi Kamal Vs. RAJUK and another 44 DLR (AD) 291 wherein the Appellate Division found that mutation should not be denied merely because some investigation or action were proposed to be taken against same officials/employees. In the case in h..Category: Property Law | Date: | Hits: 67
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....owever, opposed the application by filing an affidavit-in-opposition. 8. In the affidavit, it is stated that the company was brought into existence after taking over the business and assets of the partnership firm, C A Hamid and Company. Respondent No.3 and the petitioner were the promoters and s......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....priated or in certain cases he may be sentenced to an amount double the amount of loss caused to the Society. 7. Section 43 empowers the Registrar to authorise any employee of the Co‑operative Department or any other person to hold an audit of the accounts, the assets, the registers and other b......2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portion of the said money was spent at different District Co‑operative Offices as bribery. The Gulshan police after investigation submitted a police report on 30-6‑2003 observing that the petitioner had misappropri..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....he matter was argued and reargued by Mr. KS Nabi, the learned Advocate appearing for the petitioner, at length though not all of his submissions I have found relevant. I do not propose to incorporate part of his submissions, which I have thought to be irrelevant. Mr. Nabi submitted that the moment t......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
.... 395 of Bangladesh Service Rules (Part‑1) are applicable and that those two fundamental rules refer to gross pension and that if any government servant receives gratuity by surrendering full or any part of his pension, it is to be considered that he is still drawing pension and that there is no sc......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....f ordinary daily domestic use, and is, on the other hand, capable of being employed as a weapon of offence and defence, it would then be regarded as failing within the definition of arms. And if in a particular case, it is in fact, so employed, then it undoubtedly would fall within the definition of......b-inspector of Police, Barguna Police Station, who lodged a first information report with the Officer-in-Charge, Barguna Police Station to that effect on the same date. 3. Police, on completion of investigation, submitted charge sheet under section 19(f) of the Arms Act against the accused appell..Category: Criminal Law | Date: | Hits: 78
....urer of different sizes of SPC Poles in its factory. The main consumer of the said SPC poles is the Rural Electrification Board and other public bodies. The petitioner company in course of business participated in an open tender floated by the Rural Electrification Board and became successful bidd......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of abo......the estate left by Paban Mondal. We must also see whether, in the frame of the suit, the Courts below are justified to allow the plaintiffs to challenge the alienation and/or entering themselves into investigation as to the existence of any legal necessity for the alienation. 28. As stated above,..Category: Property Law | Date: | Hits: 64
....tations by the petitioner, the Appellate Tribunal by its notice dated 20‑8‑2002 directed the petitioner to deposit 10% of the penalty by 25‑8-2002 otherwise the appeal would be disposed of ex parte as not acceptable. On receipt of the notice, the petitioner again on 25‑8‑2002 addressed a...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
.... Zubayer Rahman Chowdhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore ......ure of the accused. She also specifically stated that accused Abdur Razzaque had committed rape on her against her will causing injuries on the private parts of her body. 3. The police after usual investigation submitted charge-sheet against accused-appellant Abdur Razzaque under section 6(1) of ..Category: Criminal Law | Date: | Hits: 94
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
....t any blame or stigma. The petitioner-company therefore, prayed for dismissal of the case. 4. The learned Labour Court (respondent No. 1) on consideration of the pleadings and papers filed by the parties passed the impugned order directing the petitioner-company to reinstate the respondent No. 2...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....Division (Criminal Miscellaneous Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Mehedi Hasan.........................Petitioner Vs. The State.........................Opposite party Judgment June 16, 2011. Result: The Rule is made absolute. Lawyers Involved: .......R. has arisen ACC G. R. Case No. 25 of 2007. The accused petitioner was not named in the FIR and no case has been stated against him in the F.I.R. 4. That a Deputy Director of the ACC, took up investigation and having found a Prima facie case he has submitted Charge sheet No. 535/Cha dated 20..Category: Administrative Law | Date: | Hits: 173
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