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Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......e High Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Kulsum Banu Bibi and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and ......ree passed by the appellate Court below and thereby the rule was made absolute, observing, amongst others, that:- "On a meticulous examination of the evidence on record, exhibits, registered deed, documents and also the judgment of both the courts below it appears that the trial Court discussed t..Category: Property Law | Date: | Hits: 94
....s of the learned Advocates of the respective parties made the Rule absolute directing the DPDC authority to consider and dispose of the pending representations of the petitioners as per provisions of relevant laws as expeditiously as possible preferably within 60 days from the date of receipt of the...... of law as mentioned above which have given the petitioners right to be absorbed into the newly formed company.
Having considered the submission made by the learned counsel and having examined the papers and documents annexed along with the writ petition, we are of the opinion that the petitioner......ivil)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
BK Das J
Md. Muzammel Hossain J
The Managing Director, Dhaka Power Distribution Company Limited and another……………………...................Petitioners
Vs.
Borhanuddin Bhuiyan and......mentioned above which have given the petitioners right to be absorbed into the newly formed company.
Having considered the submission made by the learned counsel and having examined the papers and documents annexed along with the writ petition, we are of the opinion that the petitioners produced ..
Category: Employment/Service Law | Date: | Hits: 62
....ya Bani Cinema Hall and she used to run her Cinema hall through her son Monsur Rahman. After leaving his claim of homestead in favour of Nagen Shil, Monsur Rahman used to live with his mother. At the relevant time he earned a lot. There is a provision of Cinema Law that to bring a cinema print throu......n that date.
Thereafter an inventory was prepared of the goods, left by Monsur Rahman in presence of the plaintiff and her husband. After such inventory, the plaintiff and her husband kept all the papers in their custody. The defendant Nos.1 and 2 and the brothers of Monsur Rahman put their respe......hul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
Nurun Nahar Khan………………………………….Petitioner
Vs.
Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Respondent
Judgment
April 21, 2009.
Lawyers ...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....from the house of the petitioner but in order to implicate the petitioner falsely the Mirpur Police Station Case No.34(3) of 2007 was lodged." The learned Judges of the High Court Division considered relevant provisions of the Arms Act noticed "In view the aforesaid provision, it appears that the de......enior Advocate appears on behalf of the respondents in both cases. 12. We have heard the submissions of the learned Advocate for both the parties and perused the impugned order including all other papers available on record. The learned Additional Attorney General submits that the High Court Divi...... Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscell......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....of 1972) and placed under Bangladesh Jute Mills Corporation, Dhaka for supervision, control and co-ordination; that the defendant-petitioner was employed as Assistant Jute purchase officer and at the relevant time he was posted as the agency in charge of plaintiffs Tarail Jute Purchase Agency for pu......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..For the Opposite Party. Civil Revision No. 2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.)......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..Category: Civil Law | Date: | Hits: 97
....nexing to it a large number of documents and papers and respondents have equally put in affidavits‑in‑opposition annexing plethora of documents and papers. However, we, in a nutshell, narrate the relevant facts of the cases of both the petitioner and the respondents M/s Allenberry & Co. some......spondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documents and papers and respondents have equally put in affidavits‑in‑opposition annexing plethora of documen......
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 27, 1991.
Ca....... issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documents and papers and respondents have equally put in affidavits‑in‑opposition annexing pleth..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... Medical College Hospital and identified the same. 25. P.W.15 Abdus Samad was tendered but his cross examination was declined. 26. P.W.16 Matiar Rahman was the second officer, Pirgonj PS at the relevant time while Mamatazur Rahman lodged information about the recovery of the dead body of his f......ses. He got the copy of judgment of the case which was filed by Masharuddin during his life time against accused Nawshad, Reazuddin but he did not prepare any seizure list with regard to those seized papers. 31. Mr. Habibul Islam Bhuiyan, the learned Advocate for the convict appellants, submits t......ported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131....... disposed of by this judgment. 8. Mr. Rokonuddin Mahmud, the learned Counsel appearing in support of the rule for the petitioner having taken us through the impugned judgment and the other related papers in original in the records of the Money Suit submitted that the learned court, below erred in......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-......such but we are of the view that if there is an admission in the said written objection it would certainly be regarded as an admission "otherwise" as appearing in rule 6. 12. From a reading of the documents on record and also from the impugned judgment it is seen that there is an admission. It wa..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....ant dispute has arisen from the carriage of goods by sea, the same is very much maintainable in this Admiralty Court. 10. I have heard the learned Advocates and perused the material on record, the relevant law and also considered the arguments advanced at the Bar. 11. The plaintiff has brought......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......C (2011) 902. ......f institution of the suit in the Admiralty Jurisdiction although the plaintiff not only mentioned in various paragraphs of the plaint about his status but also substantiated his status, by filing the documents specially the Bill of Lading where from it appears that the same has been issued by the pl..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
.... adduced witnesses before the learned trial Court and all the witnesses were cross-examined by the parties. 6. The trial Court on considering the facts and circumstances of the case as well as the relevant provision of law dismissed the suit. 7. The plaintiff against the judgment and decree pa......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......cted by the government and any person did not make claim at the time of survey; that nobody had paid rent against the said suit plot No.931 and the plaintiff at the time of survey did not produce any documents or deeds before the concerned surveyor. As per law there was no claim against the suit plo..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......This Case is also Reported in: 16 BLC (2011) 892. .......1 on 4-8-2010 and filed written objection on 14-12-2010 denying the material allegations made against them. 5. The respondent No.1 on perusal of the records, including written objection and other documents took cognizance of the case and issued summons against the petitioners on 28-12-2010. 6..Category: Labour and Industrial Law | Date: | Hits: 156
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....ld not be declared to have been done without lawful authority and as to why the respondents should not be directed to appoint the petitioner in the reserved 30% quote of Freedom Fighters. 2. Facts relevant for the disposal of the Rule are that father of the petitioner late Professor MA Halim Muns......ders who were not sons and daughters of the Freedom Fighters in Pirojpur District, though the sons and daughters of the Freedom Fighters were qualified for the appointment in the same post. The Newspapers had published about the violation of Mandatory Provision by the respondents in appointing the......r at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......ular. 3. The petitioner is the daughter of said late Professor MA Halim Munshi @ Halim Munshi Freedom Fighter filed an application for the post of Health Assistant enclosing all the relevant paper/documents as per instruction given in the advertisement. After scrutiny, she was found qualified and..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.... the High Court Division under Section 46 of the Trade Marks Act, 1940 for rectification of the register of Trade Mark by removing the registered Trade Mark No.C-5707 in Class-29 therefrom. 3. The relevant facts necessary for disposal of this appeal are as follows:— The petitioner of Trade M......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another............pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....d by the convicted accused seeking leave to appeal against the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No.4850 of 2005 dismissing the appeal. 2. The relevant facts necessary for disposal of this Criminal Petition for Leave to Appeal are as follows......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......n, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) ......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..Category: Criminal Law | Date: | Hits: 64
....s grammatical distortion and makes no sense ‘and’ cannot be read for ‘or’ and ‘or’ cannot be read for ‘and’. Such reading of one for the other is not possible where the meaning of the relevant provision is clear or if such construction would operate to change the law.”
12. Mr. K......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......n: 64 DLR (HCD) (2012) 116.
......4) generally empowers the court to dispose of a case by way of considering the plaint along with affidavit and written statement along with affidavit, and by treating the concerned affidavits and the documents filed therewith as substantive evidence. The emphasis of this provision is clearly on the ..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....stated that he did not hear the same directly from the mouth of accused. 23. In cross-examination he stated that they failed to identify the accused persons though he was with the deceased at the relevant time. He made statement before the police on 30.05.2003 and in his statement he did not dis......fore the police on 30.05.2003 and in his statement he did not disclose the name of accused-Ashraf and Ataur Rahman and he came to know that Ashraf was apprehended from ‘Halatir Bill’ from the newspapers and village people. 24. P.W. 6 Md. Afaz Uddin in his deposition stated that on the follow......isdiction) Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent Ashraf Ali and others...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....release of an abandoned house made before a prescribed authority being an administrative tribunal exercising quasi judicial functions, an aggrieved party is entitled to obtain a certified copy of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable th......f an abandoned house made before a prescribed authority being an administrative tribunal exercising quasi judicial functions, an aggrieved party is entitled to obtain a certified copy of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggriev......ginal Jurisdiction) Present: Syed Muhammad Husain J Latifur Rahman J SM Naimul Hoque ...................................Petitioner Vs. Additional Deputy Commissioner (City) Dacca and others ……………Respondents Judgment January 29, 1981. Lawyers Involved: MI Fa......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....der No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517....... in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....in granting letters of administration to the Administrator General.
9. In view of the aforementioned submission made by the lawyers appearing for the respective side it is necessary to examine the relevant law. The recital in the Administrator General's Act, 1913 provided that the Act is to conso......He has further contended that settler of the trust as stated in paragraph of the application was not true. In support of the contention the respondent opposite party has annexed several documents and papers to show that the appellant No.2 had taken lease of the property from the Government when it w......Reported in: 45 DLR (HCD) (1993) 512.
......ust property. He has further contended that settler of the trust as stated in paragraph of the application was not true. In support of the contention the respondent opposite party has annexed several documents and papers to show that the appellant No.2 had taken lease of the property from the Govern..
Category: Trust/Waqf Law | Date: | Hits: 183
....lding that the question of entitlement to rebate of super tax is a question of fact inasmuch as whether an assessee is entitled to super tax rebate or not, it has to be determined on consideration of relevant law in the facts and in the circumstances of a particular assessment year. We find force in......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......he Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with effect from the assessment year 1974‑75 and not prior to that ?
(III) Whether the Tribunal in deciding the question of depreciation under......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
..
Category: Fiscal/Taxation Law | Date: | Hits: 139
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