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....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......nd a sale notice dated 15.08.2003 published in The Daily Ittefaq in respect of the suit property. After that, defendant No.2 through his Advocate inquired into the matter, who after going through the record in the Court of Artha Rin Adalat, 3rd Court, Dhaka came to know that one Feroza Begum of 97/1......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....offender. 16. The chief distinguishing element between extortion and robbery or dacoity is not the presence of the offender but the presence of imminent fear and also the delivery of possession of goods to the offender. The actual delivery of possession of property by the person put in fear is th......e set at liberty at once, if not wanted in connection with any other case. However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ..Category: Criminal Law | Date: | Hits: 132
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ...... not have acquitted the respondent on a mere technical ground. In the result, the appeal is dismissed. The order of acquittal passed by the learned Magistrate dated 28.6.79 is affirmed. Let the records be sent back. Let a copy of this Judgment be forwarded to the learned Magistrate wherever he......Government, as the Board is guided by such general or special order as the Government may give it from time to time, as the officers and employees of the bank may enjoy such terms and conditions of service as the Government may determine in the interest of uniformity and as the nationalised bank..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......hat by practicing fraud upon the mother of the defendant the suit land was scheduled to the agreement place of the land of plot No.304. 4. The Assistant Judge upon consideration of the evidence on record decreed the suit by the Judgment and decree dated 20.2.1991. 5. Being aggrieved by the sai......tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
.... the particulars of the motor cycle and the blue book are that of stolen motor cycle of Akkelpur police station case No.2(6) 1991. The defence version is that they acted the official duty honestly no good faith and that they had no malafide intention in performing their respective duty. The prosecut...... collusion in it and that the accused persons are quite innocent and they have been falsely implicated in this case. 12. In consideration of the facts and circumstances of the case and evidence on record, the learned Divisional Special Judge, Rajshahi found the accused Abdul Hye and Abu Baker gui......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......e due to failure of break of the bus. Thus both of them claim to be innocent. 8. The learned Magistrate, first class Nilphamari, considering the facts and circumstances of the case and evidence on record convicted the accused petitioner Abdul Quddus under section 279 of the Penal Code sentencing ......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......ce is taken at the trial and the High Court Division maintained the order of the trial court regarding of rejection of the application for attachment before judgment. 4. The learned Advocate-on-record appearing for the petitioner submits that in terms of sub-rule 2 of rule 10 of the Code of Ci......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......om service which is legal and bona fide; that respondent No.3 was not liable at all in the matter of taking action against the petitioner by the WASA but it did its duty as per rules and materials on record. 5. The petitioner riled affidavit‑in‑reply to the affidavit‑in‑opposition and sup......Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10.89 respectively. Parties in both the Rules being almost same these are being dis..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......or any mala fide intention but for a discernible reason to carry out a welfare scheme for the benefit of a distinct group of a section of people rightfully deserving it. We have further seen from the record that this principle and precepts have not been followed particularly in case of the responden......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......mate rights and dues and had in effect caused serious uncertainty as to their future prospect in service by obstructing formalisation of absorption process and their seniority in the unbroken service record which is otherwise due as in the normal course under the law and equity. The petitioner and o......itioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office ..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......ng; that CMA CGM took initiatives to open its office in Bangladesh to meet its global customer demands. By establishing a commercial presence in Bangladesh, CMA CGM intends to provide its world class service to customers in Bangladesh and beyond, which would be beneficial for the business in Banglad..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......ment of the Lahore High Court has been reported in 21 DLR (WP) 36. But the Judgment of the Dhaka High Court passed on 28‑3‑69 in Writ Petition No.415 of 1967 has not been reported. We brought the record of the Writ Petition No.415 of 1967 and perused the Judgment delivered by the then Chief Just......of the aforesaid Ordinance as provided under the amended provisions of section 158 of the Ordinance. Being aggrieved by the same petitioner moved this Court and obtained the present Rule. In spite of service of the Rule no one has entered appearance to contest the same.
3. Learned Advocate for th..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......ect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Government having allowed the petitioner to pay its dues by deducting from...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..Category: Others | Date: | Hits: 146
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257....... daughter Khodeja, and also came to learn that his son-in-law accused Abul committed the murder of his grandson who is a child of 14 days and thereafter he logged the First Information Report. Police recorded the First Information Report on his oral statement. The First Information Report is Ext.1 a......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ration Court, Dhaka, in Arbitration Miscellaneous Case No.37 of 1994 should not be set aside. 2. The petitioner British Airways Plc is an Airline engaged in the business of carrying passengers and goods to and from different parts of the world. The opposite party Bangladesh Air Service Pvt. Ltd. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......s the Police submitted final report. 3. The petitioner filed a narazi application before the learned Magistrate but no order was passed on that application as before filing of the application, the record was sent to Court of Session. Thereafter the petitioner filed a Narazi application before the......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401...Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......uit. Though the plaintiffs are claiming that the defendants ceased to be members and defendant No.1 also ceased to be the Managing Director of the Company, there is no sufficient material placed on record in this regard. If defendant No.1 had already ceased to be the Managing Director it is not di......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ..Category: Civil Law | Date: | Hits: 147
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......Tamjuddin Pathan and one daughter Fatema Begum. Tamizuddin pathan died leaving 4 sons. Hasan Ali, Hosain Ali, Osman Ali, Satter Ali and two daughters. Jamila Khatun and Ramiza Khatun, before the S.A. record was prepared, which was made in the name of Jamir Uddin and others for 3.14, including the 1.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ts for a decree of Permanent Injunction and got an exparte decree of Permanent Injunction against the above stated Principal Defendants. The decree so awarded in favour of Plaintiff-Petitioner stands good till to-day, no matter whether the decree is exparte or contested. Third-Defendant of the Suit ......property. 4. Core contentions Contended in Plaint are: a. Ramchandra Basak, Radhika Mohan Basak and Krishna Chandra Basak were rightful owners of suit property and their name had been correctly recorded in Cadastral Survey Khatian to the extent of 2 annas 13 gondas 1 kara 1 Krantee share, 8 an......valorem Court fee on the valuation of suit which is Taka 50,000/- 5. Third-Defendant. Assistant Custodian of Vested property contested the suit on presentation of a written statement pressing into service basic contentions: a. Madan Mohan Basak, Gokul Chandra Basal and kala Chand had been exer..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......nsaction in question is a complete usufructuary mortgage for 7 years. The deed of agreement although not registered is admissible in law and as such, was legally accepted by the trial Court. It is on record that the deed of agreement was made an exhibit without any objection from the other side and ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
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