Search Options
Judgment Advanced Search
Displaying 2181-2200 of 5707 results.
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein and Manzur Kader, Advocates - For the Petitioner. N...... and regulatory duty by the relevant customs and excise authorities for the period of 20-7-81 to 30-6-82 in terms of Rule 10 of the Excise and Salt Rules, 1944. Thereafter, the petitioner company was called upon to pay the arrear excise duty for Taka 53,500.16 for the period from 20-7-1981 to 30-6-1......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393....... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made..Category: Fiscal/Taxation Law | Date: | Hits: 169
....
Vs.
Government of People’s Republic of Bangladesh and others…………………Respondents
Judgment
December 9, 1997.
Result:
The Rule in Writ Petition No.781 of 1994 is made absolute.
The Rule in Writ Petition No.1377 of 1995 is discharged.
The Rule in Writ Petition No.......g their basic differences with others; and if these differences are identified, then the persons or things may be classified into different categories according to those distinctions; this is what is called “permissible criteria” or “intelligible differentia”. The Legislature while proceedin...... in the present case as the Government has power to establish such other Courts like special Courts for disposal of certain cases by proper legislation. He then submits that by section 35 of the Industrial Ordinance the Labour Court has been established, under section 4 of the Family Court Ordinance......
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....d as Head Assistant and eventually he was promoted as Administrative Officer in the Local Parished Service on 1.6.64. It appears that in 1978 he was transferred to Rangpur Zilla Parished for the reasons he stated that he fell out from the grace of the Deputy Commissioner, Bogra he was transferred ......Magistrate for taking cognizance. The case was numbered as 1229-C/79. The learned Sub-Divisional Magistrate took cognizance on 27.6.79. A week earlier on 22.6.79 the Divisional Commissioner, Rajshahi called for the report but when the case was taken cognizance of by the Sub-Divisional Magistrate the......0 for appearance. Requisites at once." 8. The High Court Division in a cryptic order discharged the rule by observing that sanction can always be taken "at any stage before the commencement of the trial as such". In that view the rule was discharged. 9. Mr. Fazlul Karim, learned Advocate appea......sion (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shabauddin Ahmed J Syed Md. Mohsen Ali J A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal ..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....ers………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataiah Vs. Venkata Subbaiah, AIR 1968 SC 1332; Purnima Debi Vs. Khagend...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... Court Division which, on finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed the District Judge to issue Letters of Administration with ......llants. S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgme..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....r of Property Act he refused to vacate the premises. Hence the suit for eviction was filed. The defendant contested the suit on various grounds denying that he is a defaulter. It was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for In......dge was set aside. 4. When the District Judge noticed some peculiar features of the case and complicated question of title in view of the settlement in the vested property Case No.6 it precisely called for judicial scrutiny whether such question could be decided in a S.C.C. Suit. 5. Section ...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......…………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyer..Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....95 and then a few miscreants threw cocktail towards the police van from the northern side of a lane. The police surrounded the miscreants and caught hold of the accused‑petitioner Abdus Sattar and some others. Thereafter the SI of Police Md. Awal Hossain being informant filed a regular ejahar in ......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258......., I the learned Assistant Attorney‑General appearing on half of the State, submits that it is a fact that this accused-petitioner has been suffering in the jail hajat for about 2 years although the trial of the case has not yet been concluded. 6. Considering the facts and circumstances and the ......ar………………………Appellant Vs. State……………………Respondent Judgment November 10, 1997. Result: The appeal is allowed. Lawyers Involved: Taimur Alam Khandoker, Advocate - For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. ..Category: Criminal Law | Date: | Hits: 90
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
.... made in the application for injunction and contended that 0.08 acre of land appertaining to plot No.154 described in "Ka" schedule of the plaint was purchased by the defendant Nos. 6 and 7 who are also heirs of the original owner Abdul Majid through their predecessor‑in‑interest Md. Yusuf Ali a......clusive possession and in which he has an inalienable right. Mr. Ruhul Amin finally submits that the petitioner has fundamental right to hold a property which cannot be trampled or sacrificey by so‑called theory of development work at the cost of the petitioner. In support of his submissions he re......iff petitioner never had any exclusive possession of the said "Kha" schedule land at the time of ruling of the suit and only to cause harassment and inconvenience the suit has been filed. The learned trial Court vide his Order No.12 dated 23‑11‑96 passed an order for maintaining status quo in re......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Reza (Md.)………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule i..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....month. Accordingly in good faith the plaintiff Bank delivered first set of shipping documents worth US$ 140007.00 against sanction of Taka 2,79,000.00. The defendant executed a Trust Receipt, a Promissory Note, Letter of instalment and letter of disbursements undertaking to repay the plaintiff Bank......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......aint stating, inter alia, that the plaintiff has no cause of action for the suit and as per statements made in the plaint the plaintiff’s suit was hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impugned order refused to reject the plaint ......………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ffs asked the defendant No.1 to deliver possession of the suit shop to them for pucca construction and the defendant No.1 agreed to such proposal, but subsequently refused to deliver possession and also to pay rents to the plaintiffs. It is also alleged that defendant No.1 sub-let part of the suit p......sing jurisdiction under the Small Causes Courts Act, 1887 has jurisdiction to entertain an application for review under section 114 read with rule I of Order 47 of the Civil Procedure Code (for short called “the Code”). 8. Now it is well settled that tie power to review is not an inherent pow......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....rt, AIR 1974 Ori. 1; Joseph Orakew Izura Vs. The Queen, 5 ILR (PC) 540; Parshuram Detaram Shamdasini Vs. The King Emperor, 1945 A.C. 264; Atiqullah Vs. State, 33 DLR 11. Lawyers Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate......eave dated 3 April, 1983 showing the appellant suffering from gastric pain has been supported by a certificate from an M.B.B.S. doctor. If the Court did not rely upon it, the Court should have either called for a certificate from the authorised medical attendant, if any, of the appellant, or could h...... power of constitution he neither possessed nor was conferred upon him by the Chief Justice, the appellant thought it equally fit to give the background of past events which led to this extraordinary trial. It appears that had wisdom and restraint prevailed, this could have been avoided. 6. The n......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec..Category: Criminal Law | Date: | Hits: 116
.... Order) Act, 1965.
2. Appellant No.1 is a Company incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bashar was an employee under Appellant No.1 and was also General Secretary of Respondent No. 4, a Union formed of the employees of Appellant No.1 and re......ment of Labour (Standing Orders) Act, however, remained in force. A dispute and difference between Employers and Employees or between Employers and Workers or between Workers and Workers which were called a labour dispute in the Labour Dispute Act 1965 has been renamed as an industrial dispute. ......ing summarily an application made by the appellant under Article 102 (2) of the Constitution, refusing to interfere with an order made by the Labour Court, Chittagong under section 34 of the Industrial Relations Ordinance, 1969, reinstating an employee of Appellant No.1 whose service was termina...... order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....he was an illiterate, and a purdahnasheen lady. The attesting witnesses are from distant places, and there was no witness from her native mouza. She was in no need to sell the land. The plainiffs also say, that nobody came to Ashrafjan's house. The employees of the Sub-Registrar's Office were gain......g the finding of fact the learned Single Judge has taken pains to consider all relevant witnesses, and other evidence on record. His findings of fact have been set out earlier, and no repetition is called for. Though a grievance was made about the misreading of the evidence at the time he leave wa...... Kemaluddin Hossain J. - This appeal on special leave arises from a judgment of a Single Judge of the Dacca High Court, reversing the decision of the first Appellate Court, and restoring that of the trial Court, who dismissed the suit. In this appeal, Defendant is the appellant. 2. Facts are th......pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....and and other equipments worth over Tk. 5 lacs in favour of the Bank. By 30-1-80, the petitioner had already deposited Tk. 1,01,300/- towards repayment of the loan and interest thereon. The Bank also filed Mortgage Suit being Title Suit No.60 of 1980 which is pending. In view of the above, it is ......r will be an abuse of the process of the court. No one, however appeared before the High Court Division in support of the rule and the High Court Division recorded the order that no interference is called for as the learned Judge were satisfied "a prima facie case had been made out against the acc......llant who is said to be the fast friend of the manager and his business partner. These are the matters, now in the form of an allegation, the truth of which can be ascertained only on evidence during trial. In view of these allegations it cannot be said that the facts alleged do not constitute any c......………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record..Category: Criminal Law | Date: | Hits: 95
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ions Judge, First Court, Cox’s Bazar in Session Trial Case No.33 of 1993 convicting the appellant under sections 457 and 382 of the Penal Code and sentencing him there under to suffer rigorous imprisonment for seven years with a fine of Taka 500/- in default to suffer rigorous imprisonment for thr......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... 10.1.1993. Police investigated the case and submitted charge sheet on 30.4.1993 under sections 457, 382 and 411 of the Code against the appellant and two others. 4. The case having been ready for trial was sent to the Sessions Judge, Cox’s Bazar and was registered as Session Trial Case No.33 o......ttorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Sess..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....No. 3, Kushtia in Session Case No. 86 of 2007 convicting the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 and sentencing him there under to suffer simple imprisonment for eight years. 2. Informant Md. Anwar Hossain, a Sub-Inspector of the Directorate of Na...... No.4 dated 5.12.2006. Police after investigation submitted a charge sheet on 20.12.2006 against the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 (hereinafter called the Ain). 4. The case having been ready for trial was sent to the Sessions Judge, Kushtia ......itted a charge sheet on 20.12.2006 against the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 (hereinafter called the Ain). 4. The case having been ready for trial was sent to the Sessions Judge, Kushtia and was registered as Session Case No. 86 of 2007. Lea......Attorney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Ca..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... Tribunal No.4, Rajshahi in Special Tribunal Case No. 55 of 2006 convicting the accused-appellant under section 6 of the Explosive Substance Act and sentencing him there under to suffer rigorous imprisonment for ten years. By the same judgment and order, the Tribunal convicted three others principal...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......on, submitted charge sheet on 22.1.2006 under sections 4(b) and 6 of the Explosive Substance Act against four persons adding the appellant as an accused therein. 4. The case after being ready for trial was sent to the Special Tribunal No.1, Rajshahi and was numbered as Special Tribunal Case No.5......rney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No...Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....r Ahmed…………………Petitioner Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun......Short fact, as appear from the relevant documents annexed to the writ petition, are that the land and the building thereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue ......e Suit No.279 of 1999 being transferred to the then Additional Subordinate Judge, Dhaka. The suit was contested by RAJUK (defendant No.3) but not by the Government (defendant No.2). Nevertheless, the trial Court having dismissed the suit, the petitioner preferred First Appeal No.585 of 2001 before t......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....………………Petitioner Vs. Belayet Ali Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 66...... Opposite Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned j......থে পূর্বক দখল কায়েমের ডিক্রী দিতে। খ) যাবতীয় আদালত ব্যয়ের ডিক্রি দিতে।” The trial Court after considering the evidence P.Ws. recorded findings that: "৬নং বিবা......73. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs....... alia that the accused petitioner in connivance with another by abusing her official power approved the Private Sector Generation Policy on 14-10-1996 and consequently the Power Development Board called for international Request For Proposal for setting up three (3 x 100 Mega Watt) Barge Mounted......61 and 165A of the Penal Code read with section 5(2) of the Prevention of Anti-Corruption Act, 1947 and section 109 of the Penal Code and transferred the case to the Court of Special Judge, Dhaka for trial. Thereafter the learned Special Judge, Special Judge Court No.1, Dhaka framed charge on 18-5-2......riminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: T..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....s. Bangladesh, 26 DLR (AD) 44; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd. Vs. BTRC, 54 DLR (AD) 130; Md. Yakub Vs. Chief Settlement Commissioner, PLD 1965 SC 254=17 DLR (SC) 105; Asoke Kumar Vs. National Insurance, AIR 1998 SC 2046; AIR 1968 SC 1196, AIR 1986 SC 391; AIR 1993 SC ......hearing of the matter, it was considered necessary to have assistance on the points involved in the matter and accordingly, Mr. Rafique-ul-Huq and Mr. Abdul Wadud Bhuiyan, the learned Advocates, were called upon to appear as Amici Curiae to assist the court to resolve the issues involved. 12. Mr.......ided. 4. Review powers should be given to the Election Commission for fair conduct of election. 5. Contempt provision which was made earlier should be restored. 6. Activities of the summary trial Courts should be strengthened. 7. The Election Commission must monitor and ensure that the ...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..........................Category: Constitutional Law | Date: | Hits: 215
70637061705770567055705470507049704870477046704570447041704070397038703470337029