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Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....ned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ed Dr. Rahmat Ali claimed Taka 5,000 more from the informant, and threatened her that if she did not give the amount, he would not grant the dearness allowance along with other allowances and at that time, the RAB personnel entered into the room and recovered the amount given by the informant as bri......cused petitioner. Apart from the informant, admittedly there is no eye witness of claiming bribe and receiv­ing a sum of money from the informant. In the pres­ent case it appears that the factum of recovery has not been proved beyond reasonable doubt by any independent or disinterested witness. Wh......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....mpliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ubmission of the learned Advocate for the petitioners to the effect that the impugned judgment of reversal is devoided of prop­er assessment and evaluation of the evidence on record. But at the same time Mr. Guha submits that the findings of facts arrived at by the appellate Court below is otherwis......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

..... Nurul Islam……………………………………………………………..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and......1969 and got possession thereof in due course and the petitioner was all along aware of his purchase of the case land. So, alleged knowledge of the transfer from Dilal Ahmed on 1-11‑1970 for first time is false and fictitious. 4. During the trial learned Assistant Judge held that the case is n......d in favour of the petitioner with the condition that order of pre‑empted land would revert back to the pre-emptee in case the latter gets a decree in the regular title suit declaring his title and recovery of possession of the case land denouncing the petitioner's title and possession from the pr......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

.... July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, Advocate—For the Petitioner. Shasti Sarker, Advocate—For the Opposite Party. Civil Revision No.......t learned Subordinate Judge did not apply her mind in resolving controversy and there had been a total lack of judicial approach. No reason had been assigned except that the case had been laid within time prescribed by law and the appeal was maintainable. Reasons provide foundation of conclusion. Re......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....pondents Judgment May 10, 2001. Result: The Rule is disposed. Cases Referred to — Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & ors, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) ......n in favour of respondent No.4 (the 3rd lowest bidder) at the cost quoted by the petitioner are manifestations of unreasonable, arbitrary, biased and colorable exercise of power because in the meantime through Annexure "B” series the petitioner-company was awarded work orders on 10‑2‑2000 i......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

.... Rowshan Ara Begum and others………..Petitioners Vs. Doctor's Chemical Works Ltd. & others……….Respondents Judgment November 24, 1991. Result: The application is allowed with costs. Cases Referred to- Md. Soheb Vs. Uttara Bank Ltd., 43 DLR 329,......s not an original share‑holder of the Company. Subsequently he became a share‑holder of the Company, but he is not a director of the Company. The authorised capital of the Company at the relevant time was Tk. 20,00,000'00 divided into 2,00,000 shares of Tk. 10.00 each. The Company has a paid up ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....J Naimuddin Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1......tain organisations and certain unspecified persons have been detailed. In none of these grounds it has been stated that the detenu herself participated, encouraged, incited or was even present at the time of commission of these acts by some other persons. The only connection of the detenu which we h...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

.... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......ning the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z-6. 3. At the time of hearing of the Rule the learned Advocate for the petitioner prays that he does not press the......tioners 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. ......tioners 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. ..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

.... The Rule is discharged. Cases Referred to- S.A. Haroon & others Vs. the Collector of Customs, Karachi, 11 DLR (SC) 200, Lt. Col.; Nawabzada Muham­mad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568; Re Lala......ining the clearance certificate the petitioner invested in shares of the new industrial undertaking known as Alam Ind­ustries Ltd. The petitioner approached the office of the respondent No.1 several times since 25.08.1984 for finalization of the petitioner's case, but his case was not finalised as ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....ischarged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Das, AIR 1951 Calcutta (FB) 69; Velji Raghavji Paten Vs. The State of Maharashtra, AIR 1965 (SC) 1433; N. Mahmud Vs. M. Ahmed 36 DLR (AD) 14; Cox Vs......shan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused pe......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

.... Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: The rule is made absolute. Lawyers Involved: M.A. Kader Chowdhury, Advocate - For the Petitioner. Nikhilesh Dutta, Advocate - For the Opposite Party No.1. Civil Revis......olding of the local investigation, submission of the local investigation report and its accep­tance by the learned Subordinate Judge and they had knowledge of the commissioner's report for the first time on 22.03.1983. 5. By the impugned order dated 15.05.1985 the learned Subordinate Judge rejec......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....absolute. Case Referred to- Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite parties, 25 DLR (HC), 252. Lawyers Involved: Md. Ruhul Amin-II, Advocate - For the Petitioner. Humayan Habibibur Rasul, Advocate-For the Oppo­site Parties. Civil ......ether in the circumstances of the case the appointment of a receiver is just and convenient, the main object being to preserve the property. The power is discretionary with the Court, but at the same time this discretion is not to be exercised arbitrarily but in a regulated manner". 6. In the lig......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....ssed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......t/constitution of the Tribunal or the arbitral procedure is not consistent with or in accordance with the agreement. This right being a statutory right the aggrieved party can agitate the same at any time before any forum on the basis of the well settled principle "there is no estoppel against the s......nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan & ......tion of petition) is taken, to set the law in motion. It is not necessary that the case should have been set down for trial. Equally, it seems clear that proceedings are not pending before this time. This view is supported by the judgment of North, J. in Re Crown Bank. Here a series of article......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Habibur Rahman Khan J Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: The Rule......The grounds are also not relevant to the existent facts and circumstances of the case. It is further pointed out that the first phase of the grounds relate to the activities of the remote past at the time when those grounds were considered as commendable service to the country and its people but the......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

.... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......cases‑ (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court fails to do so; (c) where the relief claimed is properly valued,......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..

Category: Civil Law | Date: | Hits: 166

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....l Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......tatement in his pleadings which is detrimental to his own interest. Further, it appears that the Ext. 2 was registered in the year 1947. But no dekhalia was produced showing payment of rent from that time onwards. Further it appears that no mutation proceedings was initiated by defendant No.7 to hav......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...

Category: Property Law | Date: | Hits: 122

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

..... Opposite Party. Judgment May 26, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Opposite Party No.1. Civ...... centres, namely, Mirzapur High School Centre and Mirzapur Union Parishad Centre election could not be held and as such it was postponed. There was fresh polling in those two centres on 12.4.88. This time also the election was adjourned at 3‑00 PM but the Polling Officers declared that they had co......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ..

Category: Election Law | Date: | Hits: 240

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....shad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nat......shier, Head Cashier Grade‑1, Senior Clerk, Messengers in the Pubali Bank. They further stated that they were members of the Pubali Bank Karmachari Sangsad, a registered trade union, at the relevant time. In view of the said admissions the plaintiffs clearly come within the definition of "Worker" a......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... for getting her back. As she was not coming back, the accused because angry and on 5.12.89 at about 5‑30 he entered into the house of informant Jannatul Ferdousi with a reksin bag in hand. At that time Jannatul Ferdousi, Imran, Moushin, Latifa Khanum and Tofazzal Hossain were in the said house. A......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..

Category: Criminal Law | Date: | Hits: 125