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Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... 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. ......d that the Special Tribunal did not lack jurisdiction to try the case and the accused were rightly tried and convicted under section 387 as all the ingredients of that offence were present. 9. The question to be considered now is whether the appellants are guilty of the offence of extortion, as h......es by referring to the case of State Vs. M M Rafiqul Hyder reported in 45 DLR (AD) 13 that joinder of a scheduled offence and a non‑scheduled offence does not vitiate the trial. However in the facts and circumstances of the case this decision is not applicable. In the case cited, it was held ..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......nd not binding and consequently, the power of attorney is also illegal and of no legal consequence. Moreover, the ownership and the title of the plaintiff petitioner in the suit building was never in question, rather the lower appellate Courts clearly held that the plaintiff appellant is the owner o......t and decree passed by the learned District Judge, Rajshahi in Title Appeal No.31 of 1992 affirming the Judgment and decree passed in OC Suit No.290 of 1990 shall not be set aside. 2. The relevant facts as per the pleadings of the parties are, that the petitioner as plaintiff instituted OC Suit N..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......f the Code. Every case must be considered in that background of the facts and circumstances of that case. In the case of Gojraj Singh Vs. Suraj Bux Singh referred above, it was obserÂved that “the question whether sufficient cause for readmission of an appeal dismissed for default has been made o...... Court is or is not a sufficient cause for non-appearance within the meaning of Rrder 9 rule 13 C.P.C. or similar ether provisions of the Code. Every case must be considered in that background of the facts and circumstances of that case. In the case of Gojraj Singh Vs. Suraj Bux Singh referred above..Category: Procedural Law | Date: | Hits: 143
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. ......urt. 6. Being aggrieved by the impugned Judgment and decree the defendant has obtained the instant Rule. 7. Mr. Mahbubey Alam, the learned Advocate for the Petitioner took me to the contract in question and submitted that Rahima Begum being the mother of minor defendant had no lawful right to ......de facto guardian of her minor son had no lawful authority to enter into a contract for sale without being authorized by Court of law. He submitted that the Courts below upon misconception of law and facts granted the plaintiffs prayer for Specific Performance of Contract against the settled princip..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....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. ......" The ingredients of this section are that the accused will be a public servant or merchant or a factor or broker or an attorney or an agent. In such capacity he will be entrusted with property in question or dominion over property in question. He commits a criminal breach of trust in respect of ......nths more and also convicted the accused appellant Md. Abu Zafer Siddiky & Akhter under section 409 of the Penal Code and sentencing him to suffer rigorous imprisonment for 1(One) year. 2. The facts giving raise to appeal are that one Shahidul Alam, Assistant Inspector of DAB Naogaon, lodged ..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......d to pass a reasoned order within 1(one) month from the date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper: 2. The facts leading to the issuance of the Rule, in brief are: 3. On 01.06.2005, the principal of Monga..Category: Others | Date: | Hits: 112
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. ......esses, through their names have been cited in the FIR and charge sheet, with the apprehension that if they are produced, their evidence would be unfavorable to the prosecution. In such a situation, a question that arises for consideration is whether the presiding judge of Court should simply sit as ......used Md. Abdul Quddus is that the accident took place 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 Qu..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.......relying on the decision reported in 16 BLD (AD) 250 made the Rule absolute in part by setting aside the order of striking out the name of the defendant No. 5 from the plaint with the finding that the question as to whether the defendant No.5 had executed the charge document or not can be decided aft......21.5.1995 issued by the plaintiff bank, on the basis of which the learned Subordinate Judge (now Joint District Judge), passed the order dated 22.2.2000. The learned advocate further submits that the facts and thereupon decision made in the case reported in 16 BLD (AD) 250 is distinguishable from th..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....... Petition No.285 of 1989 with Writ Petition No.1233 of 1989. Judgment Kazi 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......ot by any other person. He also contended relying on the decision in the case of Vice‑Cheirman, EP Mamagement Board Vs. Ghulam Nabi reported in 27 DLR (AD) 156 that without verification as to which facts are true to the knowledge of the deponent and which facts are believed by him to be true an af..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.......nted to respondent No.7 Muktijuddha Sangsad, Bagerhat in violation of the provisions of Annexure-G as no tender was called for leasing the said Canal Toll Station. 18. Mr. Abdul Wadud Bhuiyan also questioned the special status of respondent No.7 the Bangladesh Muktijuddha Sangsad as, according to......ssain, Advocate—For Respondent Nos. 2-6. Writ Petition No. 2241 of 1999 with Writ Petition No. 2736 of 1999. Judgment KM Hasan J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing ......6 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same t...... Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of facts as well as laws are involved in these cases and, as such, after hearing the same together the ..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. ...... Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated ..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.
......o pay half of the amount representing the difference between the tax as determined on the basis of the order of the Joint Commissioner and the tax payable under section 74 of the Ordinance.
5. The question before us is whether by the said amended provision petitioner's right to appeal under secti......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.
..
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. ......nt No.1 and Memo dated 21‑5‑1991 issued by the respondent No.4 should not be declared to have been passed without any lawful authority and of no legal effect. All the Rules having involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the peti...... 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
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......‘89 and, as such, these two memoranda have hardly any application to the facts of the present case. In the impugned order dated 21‑1‑95 the learned Subordinate Judge has rightly observed that the question whether Mr. Maksudur Rahman was a confirmed or a retired Judge has hardly anything to do wi......rgued that the arbitrator concluded the arbitration proceedings in a great huffy. Similarly, the allegation of denying opportunity to the Water Development Board by the arbitrator is not borne out by facts. 17. The learned Subordinate Judge under the order dated 21‑1‑95 disposed of the applic..Category: Alternative Dispute Resolution | Date: | Hits: 521
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.......it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death the offence becomes murder. “Whenever a Court is confronted with the question whether the offence is ‘murder’ or ‘culpable homicide’ ‘not amounting to murderâ€...... has also submitted a jail appeal being Jail Appeal No.1251 of 1992. The reference as well as the jail appeal have been heard together and will now be disposed of by this common Judgment. 2. Short facts for the disposal of the reference are, that accused Abul Howlader married Khodeja Begum, daugh..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....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 of termination and it was registered as Arbitration Misc. Case No.162 of 1994 and the Court directed British Airways to show cause within five days. The British Airways filed an objection raising a question of jurisdiction on the ground that the learned Subordinate Judge had no jurisdiction over t......esh Air Services Ltd. requested the Arbitration to enter on the reference. It was on 15‑2‑94 that Mr. Justice TH Khan entered on the reference and asked both sides to submit written statements of facts within three weeks. On 19‑2‑94 Bangladesh Air Services Ltd. filed an application for injun..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.......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.......dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of 1980 under sections 436/302/34 of the Penal Code arising out of Bhola P.S. case No.11 dated 22.1.80. 2. The facts, in short, are that the petiÂtioner lodged an F.I.R. on 22.1.80 with Bhola Police Station und..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. ......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. ......er. They also filed an appliÂcation for temporary injunction. On 27.7.83 the learned District Judge passed the following impugned order:- "Heard learned Advocate of the appellant. Considering the facts & circumstances, as submitted, the prayer for temporary injunction is allowed. Let the res..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......ated 2.10.2005 passed by the Artha Rin Adalat, No.2, Dhaka in Artha Rin Case No.133 of 2005 rejecting this petitioner's application under section 12(1)(2) of the Artha Rin Adalat Ain, 2003. 2. The facts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as pl..Category: Civil Law | Date: | Hits: 120
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