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.... 'C') to be without lawful authority and of no legal effect.
2. In order to appreciate the background of the impugned order dated 15.1.90 (Annexure C) it is necessary to mention briefly certain facts of this case. The petitioner's case is that he is a pilot of Bangladesh Biman. He applied to t......Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Syed Mozammel Huq..................Petitioner.
Vs.
People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents.
Judgment
January 24, 1991.
Result:
......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403...
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
.... held. In that view of the matter decision in the case of Abdul Hamid Vs. State reported in 33 DLR at page 399 relied on by the learned Advocate for the petitioner has no manner of application in the facts and circumstances of the case. We, therefore, find nothing to interfere with the impugned o......site Party. Criminal Revision Case No. 26 of 1989 (Barisal), 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Ses......nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ereof has made a provision for appeal but no appeal has been provided for against any order passed under Article 7 by the Government, what has admittedly been done in the instant case." 18. In the facts and circumstances as discussed above, we are of the opinion that the impugned order impounding...... Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made a......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601
.... Court, Dhaka in Miscellaneous Appeal Nos. 132 and 135 of 1984, setting aside the order dated 12.1.84 passed by the Munsif, 1st Court, Dhaka in Title suit Nos. 874 and 900 of 1980.
2. The relevant facts of the case are that the petitioner filed the above suits against the opposite parties, Princi......Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Abdul Bari Sarker J
Abdul Latif .......Petitioner
Vs.
Principal, Residential Model School, Mohammadpur, Dhaka and another……….Opposite Parties
Judgment
April 2, 1987.
Result:
The Rule is disch...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
..
Category: Procedural Law | Date: | Hits: 132
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
....subscription. 3. Police after investigation submitted charge‑sheet under section 387 BPC. 4. Mr. Muhammad Shamsul Hoque, the learned Advocate for the petitioner has taken us through the facts of the case. He submits that the allegation made in the FIR does not disclose any offence of e......neral ‑ For the State. Criminal Revision No.266 of 1992. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561A of the Code of Criminal Procedure and is for quashing the proceeding of Special Tribunal case No.100 of 1992, pending in the Court of ...... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ..Category: Criminal Law | Date: | Hits: 104
.... Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Bench, Chittagong:
"Whether on the facts and circumstances of the case, the Taxes Appellate Tribunal, Chittagong Bench, Chittagong, was......
Judgment
June 23, 1992.
Result:
The court ruled in affirmative.
Cases Referred to-
Haxari Mal Kuthiala Vs. Income Tax Officer, Special Circle, Ambala Canit, 30 ITR, 500; Dialdas Parmanand Kripalani Vs. PS Talwalkar, 1957 Bomb; Commissioner of Income Tax Vs. Zoroastrian Building Socie......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the imÂpugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ...... Comilla in Misc. case No.28/82) Judgment ATM Afzal J. - This Rule, at the instance of the Plaintiff-Petitioner, arises out of a proceeding under Order 9, rule 13 of the Code of Civil Procedure and is directed against the judgement and orÂder dated 24.08.1983 passed by the learned Munsif, 3rd......ng. The Petitioner conÂtested the Misc. case by filing a written objection. Both the parties examined witnesses in support of their respective cases. The leaÂrned Munsif upon a consideration of the evidence on record found that the defendÂant's witnesses failed to prove properly the circumstances..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
.... Deputy Attorney General further urged that the decisions cited by the learned advocate for the defence, will not apply in this case inasmuch as those decisions were based on the context of different facts and on ground of compassion, clemency, and grace rather than on rule of law. The learned Deput...... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo......cution has examined 26 witnesses but defence examined none. Prosecution has assigned a motive for this murder. The fact that victim Elias was murdered is not disputed by defence. Further overwhelming evidence of P.Ws. and Medical evidence coupled with inquest report prove beyond doubt that Elias was..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....r connected with the occurrence, but have been falsely implicated in this case out of enmity and grudge. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found all the accused guilty for the offence as mentio......his Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... After close of the prosecution witnesses, the accused on dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case, a s could be gathered from the trend of cross-examination, is tota..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....tution. 9. That being the background, we are to settle the issue whether the petitioner has any locus standi to file the instant writ petition directly under Article 102 of the constitution in the facts and circumÂstances of the case. 10. This writ petition has been appearing in the daily cau...... High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J SM Emdadul Hoque J Dr. Md. Shahjahan, AdvoÂcate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discha......g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....2684 of 2005 under section 138 of the Negotiable Instruments Act, which is now pendÂing in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Comp......Division (Criminal Miscellaneous Jurisdiction) Present: Sidduqur Rahman Miah J Ataur Rahman Khan J Noor Jamal…………………………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: ......time of trial, non-disclosure of such fact in the comÂplaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence." 23. In view of the decisions of our apex Court we are of the view that non disclosure ..Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....302/114 of the Penal Code rejecting the petitioner's application under section 540 of the Code of Criminal Procedure for re-calling and re-examining the witÂnesses should not be set aside. 2. The facts relevant to the case in brief are that, one Md. Edu Miah as informant lodged a FIR on 16-6-200......s also Reported in: 63 DLR (HCD) (2011) 524.......witness, or (b) to examine any person present in Court, or (c) to reÂcall and re-examine any witness. The second part, which is mandatory compels, the Court to take any of the above steps if the new evidence appears to be essential to the just decision of the case. It is imperÂative for the Court ..Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....he judgment and decree dated 15-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Suit No.16 of 2000 dismissing the suit. 2. Material facts of the case as necessary for the disposal of the appeal are that the appellant as plaintiff fi......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta......(three) witnesses and the defendant side examined only 1(one) witness namely, D.W.-1 and both the parties produced a series of documents to prove their respective cases. 5. On consideration of the evidence on record both oral and documentary the learned Joint District Judge by his judgment and de..Category: Property Law | Date: | Hits: 105
....ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
......o Reported in: 39 DLR (HCD) (1987) 122.
......ding 1,45,000 shares in Company. But we have noticed from the said list of share-holders in Annexure 'J' that 95,000 shares had been pledged with the Agrani Bank by Mr. Amlani and others. There is no evidence as to wheÂther the alleged transfers of 95,000 shares of the petitioners to Mr. Amlani and..
Category: Company Law | Date: | Hits: 162
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....e learned Advocate submits that the noting of the name of Mr. Kharul Islam in the judgment of the appellate Court and noting of appearance of the parties in the order dated 21.08.1981 are contrary to facts. I have already observed that in the exercise of revisional jurisdiction the Court will only g......¦â€¦Petitioner Vs. Sultan Ahmed Khan……………………Opposite Party Judgment April 19, 1984. Result: The Rule is discharged. Cases Referred to- Taher Sheikh Chowkidar and others Vs. Otaruddi Howlader and others, AIR 1929 Cal. 475; Digendra Chandra Pal Vs. Radha Bella......out so as to attract the revisional jurisÂdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119...Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
.... learned brother A.T.M. Afzal, J. when he says, "I have taken pains to point out the diffiÂculty and the legal position for which this Court cannot and should not embark upon examining the myriad of facts which have been alleged by the petitioner nor can we ask the prosecution to lead evidÂence be...... the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 10...... criminal misconduct against the accused petiÂtioner as defined under section 1(d) Act II of 1947 and for that the charge sheet submitted by the prosecution could not be said that it Is a case of no evidence. In this view of the matter his lordship disÂcharged the Rule and the learned Special ..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
....his two sons affirmed various affidavits in the admiralty suit concerned. The defendant No.3 while giving evidence stated that he was giving evidence for all and no one else will give evidence. These facts are not challenged by filing any affidavit-in-reply. 6. Besides, a Court's order is drawn u...... Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Admiralty Suit No. 30 of 1984. Judgment Mustafa Kamal J.- This is an application praying for an order of attachment and sale of the properties of the judgment-debtors as mentioned in Annexure-A and for realisation of......5 (judgment-debtor Nos.4 & 5) are his two wives. DefendÂant Nos.6 and Defendant Nos.6 and 7 (judgÂment-debtor Nos. 6 and 7) are his two sons. The judgment-debtor No.3 not only appeared but cave evidence for all. One of his two sons affirmed various affidavits in the admiralty suit concerned. T..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Promode Ranjan Paul & others Vs. Government of BanglaÂdesh & others, 1986, 15 CLC (HCD)
....ds including the undefined share of said Nirmal Kanti Bardhan who relinquished his interest in favÂour of his Pakistani co-sharers, the said lands could not be treated as enemy property On the above facts, the Supreme Court of BangÂladesh held as follows:- "The Custodian of Enemy Property reÂp......s. Government of BanglaÂdesh & others................Opposite-Party Judgment September 1, 1986. Result: The Rule is made absolute. Cease Referred to- Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar ......ants attempted to take over possession of the suit property. 5. On appeal by the defendants 1 and 2, the learned Subordinate Judge has found that the Kabuliyats of the monthly tenants brought into evidence by the plaintiff and marked exhibits conclusively proved that Promode Ranjan and now his so..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....ilÂ-Ewaz. 5. Mr. ASM Wahidul Momen Chowdhury, the learned Advocate for the defendant No.1 respondent, submits that although the grounds shown for dismissal of the suit is not satisfactory but the facts remain that the plaintiff, even in the case of exparte disposal is required to prove his own c......l Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J Siraj Mia (Md.)........................................................Appellant Vs. Nasima Akhter and another......................................Respondents Judgment January 21, 2002. Res......has decreased mainfold. 14. It also appears during the pendency of this appeal, the respondent filed application dated 10Â-12‑2000 praying for accepting the document annexed there as additional evidence but by order dated 23‑10‑2001 the said application was rejected. Subsequently on 28‑2..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....in Title Appeal No.73 of 2001 on reversing the judgment and decree dated 6‑8-2002 passed by the 2nd Court of Subordinate Judge, Chuadanga in Title Suit No.10 of 1999 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted Title Sui......ourt Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sk Rezowan Ali J Bijoy Kumar Shaha...........................................Petitioner Vs. DC, Chuadanga and others...............................Opposite Parties Judgment December 1, 2002. Result......of cases. The parties also exhibited a series of justice documents in support of their claims. 6. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, was pleased by his impugned judgment dated 6‑8‑2001 to decree the suit on co..Category: Employment/Service Law | Date: | Hits: 194
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