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Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....rticipating in the tender. Under such circumstances, the claim of the petitioner is not entertainable. Lastly, it is contended in the affidavit in opposition that there are some questions of disputed facts needing evidence which may not be gone into writ jurisdiction. 11. Mr. Altaf Hossain Kha......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The...... the tender. Under such circumstances, the claim of the petitioner is not entertainable. Lastly, it is contended in the affidavit in opposition that there are some questions of disputed facts needing evidence which may not be gone into writ jurisdiction. 11. Mr. Altaf Hossain Khan, the learned..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....eror made his application for restoration of the land, during pendency of the matter. In view of the decision as referred to above the contention of Mr. Karmaker cannot be upheld as sound, and in the facts and circumstances of the case I cannot but agree with Mr. Abdul Gafur that the Land Reforms Or......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc......he transferee. Neither the transferee nor her husband who in normal circumstances must have made the actual payment has not examined himself or herself before the authorised officer. Thus there is no evidence in support of the transferee's case of the payment having been made in 1973. So also there ..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....Tribunal held, inter alia, that the respondent No.1 was not disqualified under section 7(2)(g) of the said Ordinance. This judgment is a public document and can be taken as a relevant fact though the facts contained therein cannot be said to be conclusively proved as far as this writ petition is c...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu...... order to attract the mischief of clause (g), it must be shown that the loan was to be repaid within a time-limit allowed by the bank. If the loan does not answer that description or if there is no evidence of the kind of loan granted by the bank, the mischief of clause (g) is not attracted. Since..Category: Election Law | Date: | Hits: 216
....stration to set aside the order at the moment, even though on a fair consideration the seniors should not be made to wait and juniors promoted on the plea of want of Gradation List.
From the above facts and circumstances of the case I am inclined to hold that the impugned order dated 5.2,85 of pr......ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Saifur Rahman..................Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is dischar......e petitioner's seniority over all such promotees except No.14.
3. The Government of Bangladesh contested the case by filing a written statement.
4. After hearing the parties and considering the evidence and records of the case the Administrative Tribunal passed the following order on 3.11.85:-..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
.... thus cannot be said that the holdings of the subsequent meetings were illegal or bad. 12. That being the position. I find no substance in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also ......amp; Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: ......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529...Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....ccused must be borne out by the evidence on record and the finding must have been the reasonable conclusion of a reasonable man from the evidence on record taking into consideration the attending facts' and circumstances of a particular case. 16. I have given my anxious consideration to the f......or the State. Criminal Appeal No.137 of 1986. Judgment Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ibrahim alias Ibrahim Kazi is directed against the judgment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 convic......d and disposed of by this judgment. 5. No one appears for the State. Mr. A.N.M. Gaziul Huq, the learned Advocate appearing for the appellant having taken me through the impugned judgment and the evidence on record has submitted that the order of conviction and sentence as passed cannot be susta..Category: Criminal Law | Date: | Hits: 97
....as against the detenu he cannot be detained for the same cause. In this connection we may refer to the case reported in AIR 1974 (SC) page 1161, which is just on the point and can be applied in the facts and circumstances of the present case. Their Lordships of the Supreme Court of India held ...... AIR 1974 (SC) 1161; 40 DLR 193(High Court); 20 DLR 1968 1005; A.K.M. Shamsuddin Vs. Government of Bangladesh, 28 DLR 1976 117; 40 DLR (AD) 178; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others.
Lawyers Involved:
Mainul Hosein with Joynal Abedin, Advocates - For Petitioner.
......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
..
Category: Criminal Law | Date: | Hits: 100
....Case No.267 of 1988 whereby he stayed operation of the order of transfer of the Respondent No.2, an employee serving under the petitioner, the Bangladesh House Building Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the ......ilding Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
.... Khan Chowdhury, J) on 13.12.83 and it was ordered that the two appeals would be heard analogously. Accordingly, the matters were heard together and are being disposed of by this Judgement. 4. The facts giving rise to the impugned order of remand for retrial of the Suit can briefly be stated as f...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha......assed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accordance with law in the light of evidence already on record and observation made therein. The teamed District Judge was further "dire..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....checking. Therefore, the owner could easily by following nil mark procedure could locate the 13 drums and could take delivery of the same. But the consignee or its agent did not do so. Therefore, the facts of the cited case are distinguishable from the facts of the present case and as such the princ......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ......lower appellate Court fell into an error of law in decreeing the suit against the appellant. 6. The learned Advocate appearing for the respondents Nos. 1 and 2, on the other hand, submits that the evidence shows that the consignment were landed both under mark and under nil mark and as soon as th..Category: Business or Commercial Law | Date: | Hits: 397
....Upon receipt of the notice on 15.3.84 under Section 6 of the Ordinance the petitioners filed an objection on 1.4.84 to the Additional Deputy Commissioner (Revenue) at Mymensingh stating the aforesaid facts and contending specifically that no notice under Section 3 of the Ordinance was ever served on......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
..... He failed to do so. Having obtained complete relief in the earlier Writ Petition, he has raised a completely new issue and has sought to lengthen his tenure as the outgoing Chairman by urging fresh facts which were known to him as a candidate before he filed Writ Petition No.849 of 19M and which h...... Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Abdus Salam.............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: Th......tres, cannot be decided by an admission of the present respondent in his affidavit-in-opposition because that is not a mailer within his special knowledge. This issue can be decided only after taking evidence. If people of certain villages had already voted on 10.2.88 and if they vote again at Hijla..Category: Election Law | Date: | Hits: 215
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....ng against the plaintiff on another issue and did not determine this issue. In appeal the learned District Judge upheld the order of the learned Munsif. The case reaching the High Court discussed the facts and found that the notice in question was issued on 28th December 1915. The notice directed de......(1999) 393. ......he suit premises there being a business between the parties who happened to be close relations, the defendant made the constructions and was doing the business there. 4. On consideration of the evidence on record the trial Court decreed the suit in favour of the plaintiff-opposite party. ..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....ion of the petitioners will be deemed to be an application for proceeding with the pending Other Execution Case No.70 of 1964. It is not to be construed as a fresh application for execution. From the facts reported in AIR 1964 (Asaam) 54, it appears, that execution case was started in the year 1947 ......9) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....tim’s cry, the informant (P.W.4) and some other witnesses namely, P.Ws.6-9 rushed to the place of occurrence immediately after commission of the occurrence, but in their evidence they distorted the facts describing themselves as eyewitnesses to the infliction of fatal knife blow on the victim. The......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the......ated that on hearing the victim’s cry, the informant (P.W.4) and some other witnesses namely, P.Ws.6-9 rushed to the place of occurrence immediately after commission of the occurrence, but in their evidence they distorted the facts describing themselves as eyewitnesses to the infliction of fatal k..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Criminal Appeal No.1046 of 1996 was examined under section 342 of the Code of Criminal Procedure. 9. In the Case of AIR 1979 (SC) 1705 their lordship of the Supreme Court of India under similar facts and circumstances held: “There is no evidence of any witness to show that the counterfei......- For respondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 conv......a reported in AIR 1979 (SC) 1705 and Almas Miah Vs. State reported in 55 DLR 403. 6. Mr. Taiful Kabir, learned Advocate for the appellant in Criminal Appeal No.25 of 1997 submits that there is no evidence that the alleged counterfeit note was taken from the appellant. He neither possessed nor us..Category: Criminal Law | Date: | Hits: 111
.... and distinct. So far as their functions regarding the Union Parishad, sometimes they have been described separately and sometimes they have been described as complementary to each other, but the facts remain that the Ordinance itself has maintained some sort of distinction in between the two of......ers...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respondent No.5......eported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....on 561A of the code of Criminal Procedure are quite premature and so the high court Division should not enter into the first information report and the charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not.” (underlined by us) 13. Fortified with the...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Azam-e-Sadat (Md.)……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment August 12, 2010. Result: Both the...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....nd/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and decree was stayed. 3. The necessary facts for disposal of the Rule are that the 'Ka Schedule' land appertained to SA Khatian No.232 and ......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal......ssing the suit land as per amicable partition. The plaintiff has been possessing the house of Zitu Beg. 5. The learned Assistant Judge, on the pleadings, framed issues and both the parties adduced evidence. He believed the plaintiff's case and dismissed the suit by his Judgment and decree dated 3..Category: Property Law | Date: | Hits: 103
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