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Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534...Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......o be absolutely essential to the proper conduct of a cause where it is intended to suggest that a witness is not speaking the truth on a particular point, to direct his attention to the fact, by Some questions put in cross-examination showing that imputation is intended to be made, and not to take h......t Opposite party. Fourth-Twelfth Defendants shall be described as Fourth-Twelfth Defendants Opposite parties. 13. Petitioners submitted three Supplementary Affidavits incorporating seine materials facts and annexing some documents and papers as Annexures. 14. Second-Defendant-Second opposite p..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......DLR (SC) 225 a case under Article 98 of 1962 Constitution of Pakistan which deals with locus standi of a petitioner. Reliance has also been placed in a case reported in 46 DLR 282 wherein the similar question of standing was decided by a Division Bench of the High Court Division of the Supreme Court......toms and Excise (Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for the purpose of disposal of the Rule, are that the petitioner is the proprietor o..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......on and Tenancy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transfer of the suit land on the basis o......exhibit without any objection from the other side and in view of the provision of the decisions as referred above in 34 DLR (AD) 237 the limitation for redemption is 60 years. So from the very simple facts of both the parties in this litigation the findings and decision of the appellate Court below ..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
...... had no locus standi to file an application for stay. No relief was sought against the petitioner in the execution case. So he is not a person who will be affected by the execution of the decree. The question whether the suit property is a vested property or not cannot be decided in an execution pro......scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......ng satisfied from the police diary and other papers that there were sufficient materials to proceed against him framed a charge under section 302/109 Penal Code by his order dated 22-6.82. From the facts enumerated above it is found that the accused petitioner is an F.I.R. named accused. His nam..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......he petitioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advocate appearing on behalf of the petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo dir..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......in-charge of the National University is empowered to perform the routine works in the absence of the Registrar as such he had no jurisdiction to issue the order of suspension and show cause notice in question. 9. The Learned Advocate relying, upon the decision of the case of Anwarul Huq Khan Vs. ......egal effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.SC from ..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......, Lakshmipur convicting the convict appellant under Section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years in Special Tribunal Case No.39 of 1995. 2. Necessary facts for the purpose of disposal of this appeal are that P.W.1 S.I. Sayed Mahbubur Rahman as an inf..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......h recorded under section 164 CrPC to be true and voluntary and acted upon it. The learned Judge observed, "On a careful scrutiny of the documentary and oral evidences on record and considering the facts and circumstances of the case in the true perspective it is proved that during the occurrence ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......jid had been living there with her children on payment of regular rent to the Government. It is further stated that defendant Nos.1 to 14 were not the owners of the suit property and the agreement in question was concocted and fraudulent. 4. In this case the plaintiff examined four witnesses, whi....... Mr. Zakir Hossain, on the other hand, submits that this question as to whether this property is an abandoned property or not is a question of fact and that has been decided by concurrent finding of facts by the two Courts below to the effect that the property in question cannot be treated as an ab..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ...... care and attention". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no relevancy here and section 529 of the Code cannot be inv......t the learned Subs-Divisional Magistrate had no jurisdiction to take cognizance of the alleged offence and the impugned order must be set aside. 5. Mr. B.N. Chowdhury has lastly argued that in the facts and circumstances of the case and on the face of the allegations made in the petition of compl..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......land to Jotindra and Kalitara. and the defendant No.41 has purchased the said land from heir of Jotindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law...... possible and in that view of the matter the learned trial Court is directed to dispose of the suit as early as possible preferably within six months from the date of receipt of this order. In the facts and circumstances of the case there will be no order as to costs. The order of stay granted..Category: Procedural Law | Date: | Hits: 118
.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......endency of the IRO Case no order of termination or dismissal could be passed against a worker as provided under section 47 of the Industrial Relations Ordinance. He further submitted that IRO Case in question was not in respect of any industrial dispute and, as such, section 47 had no application du......lowed to take action against workman to frustrate sub‑judice matter. On going though the provisions of sections 43 and 47 of the said Ordinance along with other provisions of the said Ordinance and facts and circumstances of the case we find merit in the contention of the learned Advocate for the ..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......int case acquitting accused-respondent of charge mounted against him has been challenged by complainant-appellant on presentation of this appeal under section 417(2) of the Code. 3. The kernel questions surviving for resolution in this appeal are: i. Whether conviction and sentence were re......accused and accused is entitled to benefit of reasonable doubt. Law is well settled that upon an appeal from acquittal appellate Court is not entitled to interfere with the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered from legal infi..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......the trial Court; that the Principle of Criminal justice has not been followed in this case and, as such, interference by this Court is necessary; that the High Court Division failed to appreciate the facts and circumstances of this case in its true perspective, as a result of which there has been se..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ...... of 2006 making the Rule absolute setting aside the those of the lower appellate Court and allowing the pre-emption case thereby the judgment and order of the trial Court has been affirmed. 2. The facts led to the case, in short, are that the respondent No.1 as pre-emptor instituted Pre-emption M..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......als by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this comm...... the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this common judgment will govern both ..Category: Employment/Service Law | Date: | Hits: 149
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......the Additional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No.276 of 2002 affirming of those dated 30.09.2002 passed by Waqf Administrator, Dhaka in E.G. Case No. 16832/Chittagong. 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appoin..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......al Gazette on 27.2.1992 and the election petition was filed before the Election Tribunal on 31‑3‑92 i.e. within 33 days from the publication of the result in the official Gazette. 23. The main question that falls for determination is whether the amendment small take effect retrospectively or ...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
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