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Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33....... with Criminal Miscellaneous Case No. 254 of 1997. Judgment AK Badrul Huq J. - Criminal Miscellaneous case No.1212 of 1996, 310 of 1998 and 142 of 1998 arising out of three applications for bail of three accused petitioners under section 498 of the Code of Criminal Procedure and Crimin......State that Abdus Sattar, the Manager of the shop of victim Ratan Mia, Ful Mia and Khorshed Ahmed in their statements recorded under section 161 of the Code of Criminal Procedure stated that over some money transaction a serious dispute cropped up between the accused-petitioner Md. Hanif and the vict..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....ere "Non-alcoholic Beverage" was not true. This respondent has also stated that the writ petitioners have instituted the Money Suit No. 11 of 2004, now pending in the 5th Court of Joint Judge, Dhaka, claiming damages and, as such, the matter is sub-judice. However, they made the correct reportings. ......rn factory in Gazipur and that the products of the petitioner-company are absolutely non-alcoholic in nature. The petitioner-company was registered with the Board of Investment, the respondent No. 1, for manufacturing "malt beverage”, evidenced by Annexure "B" to the Writ petition, and started pro...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....etting aside the aforesaid ex parte decree passed in Title Suit No.808 of 1977 but the suit was ultimately dismissed on 12.01.1985 on the basis of a solenama dated 11.06.1981 and that the plaintiff's claim is based on some forged and collusive documents by which the plaintiff did not acquire any rig......wyers Involved: Ibrahim Khalil, Advocate-on-Record- For the Petitioner Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-14. Civil Petition for Leave to Appeal No.1786 of 2009. (From the judgment and order dated 26.05.2009 passed-by the ......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....e temporary structures and started living therein and that said Rally Brothers could not evict them and that the plaintiffs are successors-in-interest of such labourers and are in possession and they claimed title by adverse possession and that on 17.09.1996 the Respondent-authority published a tend...... Zainul Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by th......e entitled to purchase the suit land at the price offered by the highest bidder i.e. defendant No.5 and that the defendant No.5 is entitled to get solatium together with the amount paid by him as bid money and for stamp duty and other expenses incurred by him. In arriving at its decision the Trial C..Category: Property Law | Date: | Hits: 58
Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)
....ppeal and those persons who deposed before the court did not file the case and also on the ground that the Miscellaneous Case No. 998 of 66-67 was false for which record could not be produced and the claim is not maintainable under Section 87 of the EBSA & T Act and the plaintiffs failed to prov......on-Record- For the Petitioner. Fazlul Karim, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent Nos.1-10. Not represented-Respondent Nos. 11-137. Civil Petition for Leave to Appeal No. 2227 of 2009. (From the judgment and order dated 16.08.2009 passed by the......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...Category: Property Law | Date: | Hits: 57
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....r, the respondent No.1 Md. Sorhab Ali by registered kabala dated 22nd January, 1997. No notice was served upon them and therefore they had no knowledge about the transfer. The pre-emptee resisted the claim of pre-emption denying the material allegations made in the preemption petition claiming that ......tructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not Represented- For Respondent Nos. 2-51. Civil Petition for Leave to Appeal No. 2217 of 2009. (From the judgment and order dated 6.8.2009 passed by the H......mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1...Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....he recording, he fraudulently suppressed the names of the heirs of Rahim Box and instead put his name but as heirs of the original owner Monsur Ali, being entitled to the suit property, the plaintiff claimed partition of her share in the suit property but in vain and hence was the suit. 3. The de......galnaya in Title Suit No. 21 of 1984. 2. Facts, in brief, are that the appellant as plaintiff instituted Title Suit No.21 of 1984 in the 1st Court of the learned Munsif, Feni (now Assistant Judge) for partition of the suit properties stating, inter alia, that the Suit property belongs to Monsur A......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25....... 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night ......e open the door of the house of the informant at, about 23-00 hours on 12-11-91 and forcibly took away the victim Meherjan and married her and raped her against her will. They also decamped with cash money and other valuable articles (Annexure F). 5. This kind of omnibus statement of allegations ..Category: Criminal Law | Date: | Hits: 50
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ned Advocate in support of the Rule submitted that the land in question is the only homestead belongs to the petitioner. She is neither a borrower nor a guarantor or a party in the suit. She does not claim the auctioned property, that has been sold to the auction purchaser. But the auction purchaser......e. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin Kabir, Advocates-for the Petitioner. M. Shafiullah, Advocate-for Respondent No. 2. M.A. Samad with M.G.H. Ruhul...... held: “In a case like the present one the petitioners are not required to file an application under section 32 of the Artha Rin Adalat Ain and as such they are not required to deposit security money under the said section. Since the application filed by the petitioners under Order 21 Rule 58 ..Category: Civil Law | Date: | Hits: 183
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved: No one appears for either of the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - T......ed, which her husband was cultivating; that following the second marriage of her husband, she was ousted from her own house and took shelter to him (defendant) with her daughter; that he spent lot of money for her treatment and she herself declared that she would transfer her land to him; that she h..Category: Property Law | Date: | Hits: 54
Md. Chand Miah and others Vs. Md. Ansar Ali and others, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......nd Miah and others ... ………..Petitioners Vs. Md. Ansar Ali and others…………….....Opposite parties Judgment December 8, 2010. Lawyers Involved: Md. Taha Molla, Advocate-for the petitioners. Not represented- the opposite parties. Civil Rule 413 (Con) of 2008 Ju......ancial constraint. However, they filed application for certified copy on 9.1.2008 and got it delivered on 10.2.2008. Despite getting certified copy, they could not come to Dhaka due to stringency of money. After arrangement of money, petitioner No.2 came to Dhaka and engaged Mr. Md. Taha Molla, the..Category: Procedural Law | Date: | Hits: 103
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....in Adalat Ain, 2003 (briefly ‘the Ain’) in the said execution case stating, inter alia, that the prevailing market price of schedule-A property was much higher than the entire outstanding dues as claimed by the decree-holder bank. Though the petitioner-company was a third party mortgager, it was......3 specially the provisions regarding execution under of the Ain and any of the provisions of the Ain has no conflict with that of the provisions of Order XXI rule 83 of the Civil Procedure Code. Therefore, Order XXI rule 83 of the Civil Procedure Code will be applicable in an execution proceeding un...... execution proceeding under the Artha Rin Adalat Ain, 2003. Sub-rule (3) of rule 83 under Order XXI excludes mortgage decree from application of sub-rule (1) and (2) of the said Order, but for simple money decree, Order XXI rule 83 (1) (2) of the Code will be applicable. Lawyers Involved: Shah..Category: Procedural Law | Date: | Hits: 95
....s and officers and caused extensive damage to properties by riotous/terrorist activities. In compliance of the said notice petitioner of the respective Rules appeared before the inquiry committee and claims to have made statement denying involvement in the said incidents.
7. Thereafter petitioner......and has been found guilty of offence under sections 5, 17, 21 and 22 of the Ordinance relating to Board of Residence and Discipline and he has been awarded punishment of expulsion from the University for 2 terms including the current term and suspended punishment for further 2 terms.
3. Md. Sanau...... offence. Offence under section 17 is also punishable with all kinds of punishments including expulsion from the University. Offence under section 21 is punishable with fine and forfeiture of caution money. Offence under section 22 is also punishable with fine to expulsion.
26. Petitioner Subasis..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....r the Companies Circle 11, Dhaka (East Zone) Dhaka, having GIR No. 1146/Coys-11 (East) filed income tax return for the assessable year 1984-85 and therein showed loan of Taka 80,000 from Mr. MH Khan (claimed to be the brother of the petitioners), that in due course Income Tax Officer (The Deputy Com......it and proper. 2. Facts, in short, are that, petitioner as an Income Tax assessee under the Companies Circle 11, Dhaka (East Zone) Dhaka, having GIR No. 1146/Coys-11 (East) filed income tax return for the assessable year 1984-85 and therein showed loan of Taka 80,000 from Mr. MH Khan (claimed to ......onal authority that at no stage i.e. either in the appellate stage or in the revisional stage petitioner did state that in her income tax return she mistakenly mentioned name of Mr. MH Khan from whom money was borrowed and that, in fact, the money shown as loan in the income tax return was borrowed ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....s been said that Courts of record at common law are such Courts as have power to hear and determine, according to the course of common law, actions in which the debt, damages or value of the property claimed is 40s. or above. In the case of civil Courts, the further distinction formerly existed betw......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....Order VII of the Code of Civil Procedure, Provision of rule 14, after the amendment of 1983, requires the plaintiff to file allowing with the plaint the documents on which he relies in support of his claim on the day of presentation of the plaint and that if the plaintiff relies on any other documen......iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th...... the case of Moizuddin Mondal Vs. Bina Ram Das and others reported in 45 DLR 154. Facts of the case reported in 12 BLD (AD) 156 is that plaintiff filed 2 suits, one was a title suit and another was a money suit against the common defendants and that through inadvertence and bonafide mistake learned ..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....rial before the learned Special Judge, Court No. 2, Rajbari to answer charges under section 409 of the Penal Code read with section 5(2) of Act II of 1947, to which the accused pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined 10 witnesses and exhibited a series......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y...... terms of the agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other accused persons, illegally sold the said machine, without adjusting the aforesaid loan money and the interest accrued thereon and thereby committed offences under sections 407/420/109 of ..Category: Criminal Law | Date: | Hits: 43
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....s to why the learned Magistrate dismissed the petition for non appearance of the complainant. It is not clear as to whether the learned Magistrate dismissed the petition of complaint holding that the claim of the complainant or that he is taking adjournment in order to harass the accused. In view of......ondent under section 247 of the Code of Criminal Procedure. 2. The appellant as complainant filed a petition of complaint in the court of Thana Magistrate, Jhalakati against the accused-respondent for the alleged offence under sections 406/420 of the Penal Code. The learned Magistrate on receipt ......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
....of Bangladesh Biman, office orders, standing orders, directives and rules are also applicable to them in matters not specifically mentioned in the contract of employment and they were not entitled to claim permanent employment of Bangladesh Biman and that the contract between the petitioners and the......
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 AC 374.
Lawyers Involved:
Ajmalul Hossain with Mvi Md. Wahidullah ......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
....n 41 DLR 138, Mustafa Kamal J, as the learned Chief Justice was then, held, inter alia, that-
“The petitioner is an employee of a statutory corporation. He is not a Government servant. He cannot claim a second opportunity to show cause as a matter of right. But if his service Rules or Regulatio......he Respondents.
Writ Petition No. 7254 of 1997
with
Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997.
Judgment
Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved....... of charge simultaneously placing the petitioners under the suspension. The petitioners replying to show cause denied the allegations in the charge sheet stating inter alia, that they did not receive money on account of selling of BJMC football team and were guilty of any neglect of duty. Thereafter..
Category: Employment/Service Law | Date: | Hits: 87
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