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....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.......t. It has also been stated that the petitioner does not live in the said house but lives in, House No.275 B, Road No.27(old), Block No. 'C'. Lalmatia, that he is keeping his relatives in the house in question and that he is a defaulter in the said house as a huge amount of Tk. 1,44,766.26 is still o...... '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..
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....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. ....... 12.88 and accordingly the same was sold to the highest bidder Abul Kashem on 10.12.88 at Tk.5,25,000.00. Thus it is clear that the receiver did not and could not make over possession of the land in question to the opposite party due to the order of stay passed by the Sessions Judge on 7.9.88 in Cr...... 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..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....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. ......and Article 36 of the Constitution is subject to any reasonable restriction made by law and in the instant case the impugned order was passed under the Bangladesh Passport Order, 1973 which cannot be questioned on the ground of violation of natural justice. 11. The impugned order was passed under......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..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......le of the application before judgment. The defendant‑appellant filed a written objection contending, inter alia, that the allegations as made the application are false and baseless and there was no question of attachment of the properties in question as the defendant‑appellant had already mortga......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ..Category: Civil Law | Date: | Hits: 169
.... 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.
...... 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.
...... 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..
Category: Procedural Law | Date: | Hits: 132
Abul Bashar Vs. The State, 1992, 21 CLC (HCD)
.... 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. ......r petitioner Abul Bashar came to the office of the Chairman, Alana Garments Ltd, Mirpur on 5.12.91 and demanded subscription and when the Managing Director refused to pay the subscription and posed a question for what purpose the subscriptions was claimed, the accused‑petitioner allegedly attempte......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..Category: Criminal Law | Date: | Hits: 104
....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.
......a)
Application No. 5 of 1989 (Chittagong).
Judgment
AM Mahmudur Rahman J.- This application under section 66 of the Income Tax 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 Ben...... 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..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......e where there is a delay in execution of death sentence must be substituted by sentence of life imprisonment. There are several other factors which must, be taken into account while considering the question whether death sentence should be vacated. Court called upon to vacate death sentence on the...... 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..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ...... the dead body of the deceased found to have not corroborated with the injuries as noted in inquest report Exhibit 9 along with the evidence of SI of Police. P.W.18 who prepared the inquest report in question. Further, it appears that the police constable who took and identified the dead body of the......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..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuous. 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. ......ging before the Election Commission, the order of cancellation of his nomination paper by the returning officer dated 12-12-2008 as it was done by the respondent No.7, moved the instant writ petition questioning the acceptance of the nomination paper of the respondent No.7 by the Election Commissi......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 circumstances of the case. 10. This writ petition has been appearing in the daily cau..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......this connection we may profitably refers the decision in the case of Nizmuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held "Since the date of receipt is a question of fact to be ascertained at the time of trial, non-disclosure of such fact in the compla......2684 of 2005 under section 138 of the Negotiable Instruments Act, which is now pending 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..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ...... on 25-9-2004 the decree was passed in his presence. Since it was passed in his presence he had no scope to file any application under Order IX, rule 13 of the Code of Civil Procedure. 13. Now the question whether sub-section 12 of section 89 A of the Code of Civil Procedure is a bar for any part......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......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 witnesses 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..Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ...... a suit afresh and rejecting an application filed under Order I, rule 10(2) of the Code of Civil Procedure by the petitioner for addition of party as defendant should not be set aside. 2. A simple question involves in this rule is whether a person who is not a party to the suit can challenge the ......ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ..Category: Procedural Law | Date: | Hits: 100
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......ntitled to get an equitable relief. 13. Now, to deal with the contentions raised by the learned Advocates for the respective parties before us it would convenient for us to decide first of all the question whether the trial Court below was justified in refusing specific performance of contract fo......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..Category: Property Law | Date: | Hits: 105
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisdiction 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....... It could not be disputed by the learned Advocate for the petitioner that whether the learned Advocate for the appellant had appeared when the appeal was called on for hearing that becomes a disputed question of fact. This Court in the exercise of its revisional jurisdiction shall not enter into a d......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..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......mplainant. This complaint was endorsed to the Assistant Inspector of Anti-corruption Bureau, Jessore for inquiry and the said Assistance. Inspector D.A.B. Jessore inquired into the matter, seized the questioned Bainapatra from file of O.C. suit No.152/80 under order of the learned District and Ses...... learned brother A.T.M. Afzal, J. when he says, "I have taken pains to point out the difficulty 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 evidence be..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......mistakes and errors in the drawn up decree under section 152 read with section 151 of the Code of Civil Procedure. The decree holder has filed an affidavit-in-opposition thereto. 4. To take up the question of rectification of the drawn up order on the judgment dated 27.01.1986, the contention of ......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..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128....... as I.R.O. Cases) by the 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid I.R.O. Cases Since common questions of fact and law are involved in these four Rules we have heard them together and they are ......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128...Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ...... competent, that the plaintiff has title and he is in exclude possession of the suit plot, that the defendant No.3 being a lessee has no right of holding over in the leased out property let alone the question of having title therein and that the plaintiff came to know about the treatment of the suit......ds including the undefined share of said Nirmal Kanti Bardhan who relinquished his interest in favour of his Pakistani co-sharers, the said lands could not be treated as enemy property On the above facts, the Supreme Court of Bangladesh held as follows:- "The Custodian of Enemy Property rep..Category: Property Law | Date: | Hits: 107
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