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Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......the legislature in scheduling only sections 463 and 471 of the Penal Code in the Provision of section 195(1)(c) of the Code of Criminal Procedure is to restrict the initiation of complaint within the power of the court before which such offences have been committed. But, on a close scrutiny, it tran...... BCR (AD) 152; Raja Kushal Pal Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......asioning failure of justice. In 56 DLR (AD) 41 our Appellate Division has taken a view that there is nothing in Article 102 of the Constitution to preclude the High Court Division from exercising the power of review. The facts are quite distinguishable. This decision has no manner of application i......gain for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahm......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31 of the Code. Accordingly, trial Court's judgment and decree are resto......ee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: L......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....d upon the assessee under section 120 of the Ordinance. After hearing the authorised representative, the Inspecting Additional Commissioner of Taxes found that under the head, "Other expenses" in the financial statements of the balance sheet and profit loss accounts, the assessee debited Taka 18,1......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......nance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......ng the advantage of being a clerk of the sub-registry office in collusion with the sons of Jashoda Sundari Roy, namely Profullah Kumar Roy and Samar Chandra Roy, created a false, forged and antedated power of attorney being wilfully aware about the agreement of the plaintiffs and also created 4 deed......…..Petitioners Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers invol......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....that the Artha Rin Adalat Ain, 2003 (Act VIII of 2003) was promulgated with a view to further consolidate and amend the existing law i.e. Artha Rin Adalat Ain, 1990 for speedy recovery of loan of the financial institution. Whereas, by virtue of section 60(1) of the Ain, 2003 the Artha Rin Adalat Ain......td), submit that they have nothing to add further on the point of law so advanced by the learned Advocate for the respondent-Bank in other two Writ Petitions. 20. However, the Government has filed power in all the writ petitions but they did not come forward with any affidavit-in-opposition nor......ents (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......ts that the petitioner admitted in his statements that he worked in collaboration with his controlling officers in collecting spot quotations and issuing work orders which was completely beyond their power and the petitioner being an employee of a local authority cannot act illegally on the basis of..........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....under section 50(2), to render justice inter parties, where the legislature has also used the words "আইনানগভাবে ধার্যকৃত সুদ" to regulate the movement of the financial institution in the light of the provision laid down in section 47 of the Ain, 2003. Mr. Ah......awful authority and of no legal effect and also the provisions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inconsistent with the recognised principle of juridical power which also fails to secure economic and social justice as contemplated in Articles 8(2) and 20......same cause of action are being disposed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......ugh section 283 of the Succession Act does not render it obligatory on the District Delegate to issue any special citation, yet it is not only desirable but necessary in the ends of justice that this power should be exercised when it appears that some of the heirs whose interests are affected by the......tion under section 263 of the Successi on Act on 18-11-85 for revocation of the Letter of Administration before the learned District Judge on the allegation that the grant was obtained by resorting to forgery. The testator Harinath Majumder did not execute the will in favour of Surendra Nath Biswa......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......te Court held that "jurisdiction of the Artha Rin Adalat has been created with a particular object for recovery of the loan and to that effect it is deemed to be a Civil Court, but it has not all the powers of the civil Court. "In the civil petition for leave to appeal the matter has been dealt with......in J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for heari......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......………………………..Opposite Party Judgment August 15, 2006. Lawyers involved: Dr. M. Zahir, Advocate—For the Petitioner. M. Mansur Rahman, Assistant Attorney-General— For the State. Criminal Miscellaneous Case No. 15109 of 2005. Judgme......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....er sub-section (1) or under any other law for the time being in force. (4) Any notification issued under sub-section (2) shall, if not earlier rescinded, stand rescinded on the expiry of the financial year in which it was issued.” “19. General power to exempt from customs-duties.......pect, it is repelled." 24. We have closely read the aforesaid decisions particularly those of the Appellate Division. We find in the case of A. Hannan only the scope of section 19 of the Act empowering exemption was considered. It is also noted that after said decision, section 30A was insert......angladesh represented by the Secretary, Ministry of Finance and others……...Respondents (in all the writ petitions) Judgment July 30, 2007. Cases Referred To- Collector of Customs vs. A Hannan, 42 DLR (AD) 167; Collector of Customs vs. Ahmed Hossain, 48 DLR (AD) 19...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......d Dawratul Hadith Course while doing Fazil Course. Under such circumstances, the Vice-Chancellor stayed the earlier decision of the Syndicate regarding appointment of the petitioner by invoking his power under section 12(8) of the National University Act, 1992 and placed this matter for considerat......……………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead hi......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......a only with the jurisdiction to hear and dispose of such application for succession certificate, learned Additional District Judge held that learned Subordinate Judge, Arbitration Court, Dhaka had no power to hear and/or issue any succession certificate. Accordingly, order issuing succession certifi......n purportedly under section 372 of the Succession Act, 1925 in the 3rd Court of Subordinate Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Ad......Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. Cases Referred to- Sultana Jute Mills vs. Agrani Bank 46 DLR (AD) 174; Civil Revision No. 3542 of 1992 Carabean ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
.... for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his joining report and to allow him to join in his service treating him still in service and giving him all past financial benefits of service including salary. The plaintiff petitioner's case, in brief, is that w......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......No. 172 of 1997 decreeing the suit. 2. The petitioner as plaintiff filed the above suit against the opposite parties for directing the defendant No. 2, the Deputy General Manager, Rupali Bank, to accept his joining report and to allow him to join in his service treating him still in service a......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......issed. 4. As the trial of the suit commenced on 22-2-97, one Nur Mohammad, the constituted attorney of the plaintiff was examined as P.W. 1. The defendant challenged the genuineness of the alleged power of attorney on the basis of which Nun Mohammad acting as an attorney deposed on behalf of the ...... possession in the suit property or in any way interfering with the peaceful possession of the plaintiffs therein. The plaintiff’s case, in short, is that the suit land measuring 1.59 acre belonged to Syed Mesbahuddoza, Syed Anwaruddoza and Chowdhury Md. Ilyas. Chowdhury Md. Ilyas died leaving son...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
.... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......egulations, 2003 clearly shows that the regulations shall apply to all employee of the Bank and definition of the employee is noted in rule 3(1) (a). It appears that the General Manager has given power to terminate service of any employee as noted in the aforesaid rule and there is nothing in th......Advocate, instructed Syed Mahbubur Rahman, Advocate-on-Record-For Respondent Nos.1 and 2. (In all the cases).
Not represented- Respondent Nos. 3-4 (In all the cases).
Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008.
(From the judgment and order dated the 23rd day of ...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794....... in appeal, framed a new issue which did not arose on the pleading, he acted wrongly." 14. Furthermore, though Order 6 Rule 17 of the Code of Civil Procedure conferred upon the Court a very wide power but it must be exercised in accordance with legal principles. Thus, under no circumstances, ......e case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transferred to Gopal Chandra Barman and Norendra Chandra Barman. Gopal Chandra Barman built up 2 shops in 0100 a......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
....rticle 33(1) of PO No. 178 of 1972 while the Artha Rin Adalat is competent to entertain and dispose of a case filed before it under section 5 of the Artha Rin Adalat Ain, 1990 (Act No. IV of 1990). A financial institution can avail of the opportunity made available to it either under its parent Ordi......posal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115 (1) of the Code of Civil Procedure. We find no merit in the Rule, which must......s Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case Referred To- Bangladesh Shilpa Rin Sangstha Vs. Fashion Wear Ltd., 1998 ....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
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