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Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
.... the affidavits-in-opposition submitted that after service of notices upon the petitioner by the Bankruptcy Court no written objections under section 27 of the said Act was filed by the petitioner in any of the cases and no evidence was adduced by any party and, as such, there was no scope for dismi......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......uptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in question were stated. 2. Respondent No.2 Al-Baraka Bank (B..Category: Civil Law | Date: | Hits: 78
....thin the meaning of the Public Servants (Retirement) Act, 1974 and they had right to continue the service till the completion of the 57 years of service and their service cannot be terminated without any cause and disciplinary hearing; that in the Bangladesh Bank Staff Regulations, 2003 and the Bang...... instead of resorting to the shortcut proÂvision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disÂposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......sciplinary hearing; that in the Bangladesh Bank Staff Regulations, 2003 and the Bangladesh Bank Manual of Administrative Instructions, 2003 there are separate and distinct provisions for disciplinary proceeding for punishment in Part-III in Regulations 44-46 and termination simpliciter under Regulat..
Category: Administrative Law | Date: | Hits: 215
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....d 15 decimals of the suit land to Defendant No. 1 by two registered deeds of sale being No. 4212 and 4225 dated 8‑6‑85 and 9‑6‑85 and misappropriated the entire money. When he did not deposit any money, the Administrator cancelled the sanction by his order dated 15‑8‑85 and asked Defenda......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......r by a mutawalli, who assumes to deal with the trust property as if he were the true owner, in breach of his duty and in fraud of the trust reposed in him, is ultra vires and may be avoided by timely proceedings properly taken for the purpose. The vice in the transferee's title, whether he takes it ..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....tioners. 13. Mr. M. Fida Kamal, Attorney-General, subÂmitted that introduction and collection of advance VAT at the time of import became necessary because of the facts that after import in many cases neither the imported goods nor the importer could be traced out for payment of the VAT at ......Âfication being SRO No. 260 dated 30-8-04 was not applicable in the cases of the petitioners who were as registered commercial importers and traders paying and intending to pay trading VAT at supply stage as per-provisions of the first proviso to section 5(2) and section 9 of the Value Added Tax Ac......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525...Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
.... 7. After completion of taking witnesses, the accused were examined under section 342 of the Code of Criminal Procedure and in reply the accuÂsed persons claimed to be innocent and refused to adduce any witnesses or to submit any document. Each of them further vividly stated that they made statemen......004. 24. It is to be mentioned here that this school certificate has not been exhibited as the head master did not come to prove it. So, this certificate cannot be taken into evidence at this stage of appeal. As per medical report, we find that the age of Rahmatullah stands as 19 years 5 mon......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
.... prayed for justice as well as the return of the photographs and negatives. They, however, rebuked him in abusive language, and commented that his daughter was of bad character. They neither gave him any satisfactory reply nor returned the photographs, and, as such, in order to preserve her self-est...... subjected to rape is strongly contested by the defence. The learned Advocate for the appellant has submitted that the fact of any injury upon the body of the victim Mahima was never mentioned at any stage from the time of the occurrence of the alleged rape to the time of the death of the victim, al...... that the nature of the case will allow", But then there are other rules such as the hearsay rule which exclude evidence by way of statement made by a person who is himself not giving evidence in the proceedings. Such evidence is inadmissible as evidence of any fact stated. However, the common law p..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
....or on duty finding her in a serious condition advised to send her to Dhaka Medical College Hospital. But for want of helping hands and as the address of the victim was not known they could not take any effective step at that time. Thereafter, on 22-12-2000 the informant went to the health complex ......d been physically assaulted. Thereafter, he went to the Police Station and lodged the first information report. He proved the ejahar and his signature therein as Exhibits I, III respectively. At this stage he was declared hostile by the prosecution and cross-examined. 14. In his cross-examin...... of the evidence on record of individual case. 40. Moreover, we must also remember that first information report is only the beginning of a particular criminal case. It just sets the criminal proceeding in motion. By itself it is not a substanÂtive piece of evidence. So, in the absence of a..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....l Powers Act. The concessionary provision of punishment as provided under section 35A of the Code is thus, quite inconsistent with the scheme of the Special Powers Act itself and is not applicable to any punishment for an offence triable under the Act. 6. Ms. Lucky Begum, the learned Advocate, af......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......sonment the total period of custody the accused suffered in connection with the offence. The High Court Division in order to decide the question as to how far the provision of the Code applies to the proceeding under the Special Powers Act, which is a special law, considered section 1(2) of the Code..Category: Criminal Law | Date: | Hits: 43
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
.... under his control and possession and according to his version and pointing out a revolver loaded with two cartridges and one dagger measuring 15" in length were recovered and he could not produce any valid papers against those arms and ammunition. Accordingly, seizure list was prepared by seizi......the seizure list and mentioned that seizure list was prepared in the house of the appellant and that he did not actually remember whether the revolver was recovered from the appellant, and at this stage this witness was declared hostile by the prosecution and cross-examined, where he stated tha......be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ..Category: Criminal Law | Date: | Hits: 34
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....n in preference to others and in support of his view he relied on the decision reported in 34 DLR 180. The learned Senior Assistant Judge further found that the pre-emptee will not be entitled to get any other price except the kobala price as per section 96(3) of the State Acquisition and Tenancy Ac......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......993. Then in the appeal learned Subordinate Judge, 2nd Court, Mymensingh by his judgment and order dated 30‑7‑1995 reversed the decision of the learned trial Court and dismissed the pre‑emption proceeding. 5. Being aggrieved thereby the pre‑emptor moved this Court on an application under ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....ore the court for changing the Arbitrator. The learned Arbitrator considering the said petition allowed time up to 23-5-98 for bringing stay order but the defendant-petitioner having failed to obtain any stay order from the court appeared before the Arbitrator on 23-5-98 and again filed an adjournme......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ...... and order dated 28-4-97 appointed Mr. Justice Abdul Bari Sarker, a retired judge of the High Court Division as the sole Arbitrator to arbitrate in the matter. Then the Arbitrator started arbitration proceedings on 9-6-1997 and also issued notice upon the parties. The learned Arbitrator also directe..Category: Civil Law | Date: | Hits: 77
.... of Civil Procedure and also allowing an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioner......e suit property; that in spite of receiving of more than the consideration amount the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), did not execute and register the sale deed and at one stage the defendant-opposite party No. 1, Malika. Hasina Jahan (Lili) executed ah Irrevocable Power ......ection 115 of the Code of Civil Procedure which reads as follows:
"115. Revision.- (1) The High Court Division may on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a court of District Judge or Additional..
Category: Property Law | Date: | Hits: 34
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
.... guaranteed by Article 40 of the ConstiÂtution and as a result of which the petitioner is being prevented from engaging in the lawful pursuit of his trade or business by the respondent No. 1 without any legal basis. The impugned omission is violative of the fundamental rights of the petitioner as g......s, and reasons we find merit in the Rule. In the facts and circumstances of the case, the respondents should be directed to make a decision on the aforesaid application of the petitioner but, at this stage, we do not find it proper to direct the respondents to issue import permit to the petitioner. ......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....e complainant placed the cheques for encashment but the cheques were dishonoured and thereafter, the matter was brought to the notice of the accused petitioner but the accused petitioner did not make any arrangeÂment to encash the cheques and thereafter, the case was filed. Officer-in-charge submit......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......st the accused petitioner was taken illegally, as such, the order passed taking cogniÂsance of the offence against the accused petitioner is liable to be set aside or, in the alternative, the entire proceeding should be quashed. In support of his submissions, the learned Advocate relied on a decisi..Category: Criminal Law | Date: | Hits: 27
....y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......f investigation of the case submitted charge sheet against accused. Uttam Debanath and others and the case was ready for trial and the Tribunal also framed charge against the accused persons. At that stage, another accused Giasuddin filed a criminal miscellaneous case under section 561A of the Code ...... filed a criminal miscellaneous case under section 561A of the Code of Criminal Procedure before the Court challenging the order of framing charge and obtained Rule and also order staying all further proceedings of the case which is still existing. On behalf of petitioner Nazma Akhter petitions were..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....ccused petitioner and another Lokman whereas according to prosecution, 25 bottles of Phensidyl were recovered from each of 2 accused. He submits that during investigation no process was taken to send any specimen from the contents of any of the bottles of Phensidyl to chemical expert, Dhaka for chem......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......and report. It is quite obvious that in the absence of any chemical test report with opinion about existence of codin in the contents of any of the seized bottles of Phensidyl, there was no scope for proceeding against the accused for offence under section 19(1)3 (ka) or 3 (kha) of Narcotics Control..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... Art, 1908 implicating the conÂvict-appellants Jamir Ali, Maniul Islam @ Maniul @ Suja, Matin Mia, Siddiqur Rahman, Jillur Rahman, Lutfur Rahman, Abdus Salam, Belal Ahmed and Mainul (Mohibul and as many as 16 others, alleging, inter alia, that the accused No. 1 Jamir Ali lodged a criminal case unde......mant, convened a meeting of protest where they alleged that the husband of the informant, namely Hazi Abdus Sattar, was instrumental behind the murder of the son of accused No. 1 Jamir Ali and at one stage of the meeting the hostile people, on the instiÂgation of accused No. 1 Jamir Ali, ransacked ......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....or the purpose of marketing the products under the brand "Red Cow". On 20-6Â1989 Unilac Australia entered into a Joint Venture Agreement with Sanowara Corporation resulting in the formation of a company called Unilac Sanowara (BD) Ltd (the instant opposite party No. 1). The Agency Agreement dated 1......pplication dated 28-11-1999 that the applicant therein, namely Unilac Sanowara (BD) Ltd. (opposite party No. 1) claimed to be the proprietor of the trademark since 1990. It may be pointed out at this stage that the year "1990", written on the application form, appears to have been interpolated and c...... in the prescribed manner to a High Court or to the Registrar and the Tribunal may make such order for making, expunging or varying the entry as it may think fit. (3) The Tribunal may, in any proceeding under this section, decide any question that it may be necessary or expedient to decide i..Category: Intellectual Property Law | Date: | Hits: 187
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....her stated that it is for the trial Court to decide whether there is sufficient ingredients of offence being made out in the charge sheet and it is also for the trial Court to decide whether there is any merit of the case and it is premature to consider this aspect of the matter at this stage in the......nts of offence being made out in the charge sheet and it is also for the trial Court to decide whether there is any merit of the case and it is premature to consider this aspect of the matter at this stage in the Writ Petition. 7. Mr. Rokanuddin Mahmud, the learned Advocate for the petitioner ass...... 3 accused persons be made witnesses in the same case. 4. Being aggrieved, the petitioner has come to this Court and obtained the present Rule along with an ad interim order of stay of all further proceedings of Metro Special case. 5. The Rule is being contested by the respondent No. 2, Deputy..Category: Anti-Corruption Laws | Date: | Hits: 140
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....d suicide. At the instance of the informant her dead body was disinterred from the grave and again sent for post mortem examination. But the body was decomposed and the Medical Officer could not give any definite opinion. So he submits that in absence of Medical Report there is no evidence that the ......ill treat his wife. On 12-9-1992 corresponding to 28 Bhadra 1399 BS in the night this convict along with the other accuseds assaulted the victim with lathi, blows and seriously injured her and at end-stage strangulated her to death. They took plea of innocence and informed the police that the victim......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ..Category: Criminal Law | Date: | Hits: 30
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