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Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......aint made against the President cannot be entrusted to be decided by the President. From the above discussion it is clear that notwithstanding the provisions of Article 68 of the order this Court has jurisdiction to entertain the present application under Article 102 of the Constitution. 7. We ha..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....-1995 and No. PB/EXP/LC 325/95 dated 27-2-1995. So, altogether in the aforesaid two L/Cs come to US $ 1,64,750. Subsequently price of both the L/Cs were amended by the buyer, and after amendment, the total amount stands to US $ 1,85,000. 4. As the plaintiff Messrs KN Enterprise is the beneficiary...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......70, the case of Uttara Bank Vs. Macneill and Kilburn Ltd. reported in 33 DLR (AD) 298 and the case of Janata Bank Vs. Messrs Ahmedia Garments reported in 40 DLR 72 and submits that the Court has no jurisdiction to pass any order against export proceeds of the letter of credit payable to a suppli..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ontended that the gift is not conditional upon representation of any token, coupon, ticket, nor the same is given in exchange or against any such item or sale of any commodity and therefore, there is total absence of the ingredients of the offence within the meaning of section 294B of the Penal Code......ed that the gift is not conditional upon representation of any token, coupon, ticket, nor the same is given in exchange or against any such item or sale of any commodity and therefore, there is total absence of the ingredients of the offence within the meaning of section 294B of the Penal Code. It i......uggest that the petitioners have admitted the disputed advertisement in question was televised in the Television and over the Radio. These are disputed facts which cannot be decided when exercising a jurisdiction under section 561A of the Code of Criminal Procedure. This is a function of the trial C..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....Abdul Majid going together in a van towards the Domar Bazar Subsequently, after one month of the missing of victim Shefali Begum, P.W.1 filed petition of complaint on 19‑3‑98 wherein he brought a totally new case of abduction of his daughter by accused appellant, which was nothing but the produc......event was quite likely to disclose to the father of the victim (P.W.1) and other relations and persons of the locality that victim left his house willingly with someone else of her new choice. In the absence of any such reaction by the appellant as husband we are of the clear view that accused appel......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......pothesis than the guilt of the accused persons. 37. The learned Advocate of the accused appellants argued that there is no eye-witness of the occurrence. To set at rest the little doubt in the absence of the eye-witness of the occurrence we are now to consider the extra-judicial confession ......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......itioners has not been able to show the certified copy of further orders. 9. Mr. Abdul Malek, the learned Advocate for the petitioners submits that the impugned proceedings is illegal and without jurisdiction and, therefore, is liable to be quashed on the ground that the Metropolitan Magistrat..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ing out of loan as the income of the assessee" 2. The assessee is an individual and an industrialist by profession. He submitted his income tax return for the assessment year 1982‑83 showing his total income at Taka 58,800. Subsequently, he filed revised returns one after another and ultimately......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......nity to the applicant to explain the position of the creditors made the assessment and consequently, the tribunal erred in law in upholding the order of the DCT and the DCT most illegally and without jurisdiction disbelieved the loans advanced by the creditors and thereby the DCT offended the provis..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ed counsel also cited another decision in the case of Brahman Dutta Vs. East Punjab Province and others, reported in AIR 19SB (Punjab) 351. In that case their Lordships have held as under: "In the absence of a clear statement of facts of which these pleas could be based no amount of evidence can ...... in the pleading and not a requirement under law, under Order 6 rule 2 of the Code of Civil Procedure. 7. In view of the aforesaid reasons and discussions, I find that the trial Court has acted in jurisdiction and has not committed any error of law resulting in an error in the decision occasionin..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ers, 33 DLR 379 has held as under: "Abetment is an offence by itself and unless it is specifically made punishable in a Special Act a person cannot be called upon to answer a charge of abetment in absence of any special provision in the Special Act merely by the reference of the Penal Code." O......re, our considered opinion is that framing of the charge under section 4 of the Anti‑Terrorism Act is not tenable in the eye of law against the accused‑petitioner. But that does not take away the jurisdiction and authority of the trial Court to frame charge against the petitioner under the appro..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......in the Succession Act that legatee cannot apply for granting letters of administration with regard to all the properties of the Will if there is no executor. Rather, the legal position is that in the absence of an executor/executrix a legatee is entitled to apply for the grant of letters of administ......a (since dead), and Sailen Talukder (since dead) by a registered Will. The usual residence of the testator was within the local limits of the Court and the property in question is situates within the jurisdiction of the Court. The will was legally and duly executed by the testator on 30th Falgun 133..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....elow also observed that the accused persons are the proper person to explain as to how the death of Monowara took place. In reply the learned Advocate for the appellants submits that this argument is totally against the fundamental principle of criminal jurisdiction and provisions of section 101 of ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......oper person to explain as to how the death of Monowara took place. In reply the learned Advocate for the appellants submits that this argument is totally against the fundamental principle of criminal jurisdiction and provisions of section 101 of the Evidence Act presumably invoking the aid of sectio..Category: Procedural Law | Date: | Hits: 155
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....in the polling station of East Durgapur Primary School he secured 194 votes while the petitioner in the Rule (Rezaul Karim) polled 1313 votes and that the said petitioner securing highest votes after totaling the votes of all centres secured 2589 and was declared elected and that the Presiding Offic...... Rezaul Karim was declared as Chairman. Mr. Abu Salek appearing for the Opposite Party seriously challenges the authority of the Election Commission to direct the fresh poll. He submitted that in the absence of any circumstances creating necessity of repolling as contemplated by law there was no nec...... as Chairman legally, direction for repolling itself and on the basis of such illegal direction, holding of repoll and on its basis declaration of the petitioner as Chairman being illegal and without jurisdiction the lower appellate Court set aside the judgment of Election Tribunal and there is no e..Category: Election Law | Date: | Hits: 248
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
.... the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-petitioner paid Tk. 6500/-on execution ......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......ncluding a Chairman who are to be differently qualified and of different categories. There is no scope for meaning the word 'shall' as 'may'. No provision has been made in the Ordinance that in the absence of one of the members the Chairman and the other member may hear and dispose of the case or ......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......und covered by section 6 of the Employment of Labour (Standing Orders) Act and as such the order complained of has no legal effect. He further submitted that the learned Labour Court acted beyond his jurisdiction in directing the petitioner to open his Mill after payment of electric bills and to all..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....aintiffs C.S, plot No.545 measuring .63 acre, C.S. plot No.232 measuring .38 acre, C.S. plot No.676 measuring .22 acre C.S. plot No.953 measuring .15 acre, and C.S. plot No. 640 measuring .34 acre (total area=1.72 acre) of C.S. Khatian No.48, Touzi No.192 of Mouza Jatrabari, P.S. Kseraniganj, Dist......ate so as to assert an adverse claim against other co-sharers having interest therein. When the question arises as to whether the possession is either lawful or unlawful, it must be assumed, in the absence of evidence to the contrary, that possession is lawful not only on his behalf but on behal...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..Category: Civil Law | Date: | Hits: 205
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