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Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......he schedule to the Act, that Bench has also observed that this inclusion of that section also shows that the offence under the schedule must be relatable to a public servant. 5. Before we give our view on the question raised in this Rule, it will be convenient to re-produce sections 4, 5 and 6 of..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......nder sections 406 and 420 of the Penal Code and 16-10-1996 was fixed for trial of the case. 6. Two dates i.e., 16-10-1996 and 5-11-1996 were fixed for trial but the trial could not be commenced in view of taking adjournments by the accused-petitioner. 7. The accused-petitioner, thereafter, mov..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......nce the petitioner company, as we found from the supplementary affidavit, is willing to pay and settle with the respondents all its outstanding dues which we have already discussed, we are of the view that ends of justice would be met if the respondents are directed to register the new name of t..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......ths of the alleged occurrence. Further in his cross examination he admitted that; “দারোগার কাছে আমি শুধু হোসেন ডাকাত বলেছি।” In view of the above facts and circumstances and proposition of law, it is very difficult for us to rel..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....ision's observation to the effect that since the judgment of the trial Court in earlier Title Suit No.177 of 1994 was affirmed by this Division it cannot be now declared illegal by the trial Court-is erroneous. The learned Advocate has argued that any judgment and decree obtained by practicing fraud......he judgment and order dated 18-11-1999 passed by the High Court Division in Civil Revision No.2757 of 1999. Judgment Nazmun Ara Sultana J.- This appeal, by leave granted on 15-4-2003 in Civil Review Petition No.50 of 2001, is against the judgment and order dated 18-11-1999 passed by a Division..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283....... not arise in such peculiar circumstances. The petitioner had no other alternative but to invoke the inherent jurisdiction under section 561A of the Code of Criminal Procedure for ends of Justice. In view of the above, we find that the objection raised by the learned Deputy Attorney-General has no s..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......h bona fide belief that they had good cause of action and they, would succeed in getting relief. In other words, the civil proceedings complained of were commenced by the defendant-respondents with a view to protecting their interest and, as such, they were not vexatious proceedings. 16. In the p..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......5-1-1977 and refunded Taka 1,90,000.00 forfeiting the balance amount. Plaintiff-respondent created the so-called second sale agreement dated 23-1-78 and obtained her signature thereon by force with a view to compel her to refund the forfeited amount. 4. In the context of the said pleadings of the..Category: Civil Law | Date: | Hits: 148
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......entertain the suit. Since admittedly the suit has been valued at Taka 2,000.00 only and the suit is for simple recovery of possession, it is manifestly clear that this case readily comes under the purview of the Village Court Ordinance, 1976 and, as such, the Civil Court has no jurisdiction to try t..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ed companies. The brothers have fixed shares and the companies in the annual general meetings declared dividend. Besides the two brothers, there are also other share-holders in the companies. In this view of the matter, the trial Court observed that there is no question of joint business or joint fu..Category: Property Law | Date: | Hits: 109
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ...... on 29-5-95 i.e. about one month before the service of the notice not to speak of expiry of 90 days as provided under section 7 of the above Ordinance to make the pronouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. ..Category: Family Law | Date: | Hits: 178
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......ction 15 of the Code of Civil Procedure obliges the plaintiff to choice the Court of the lowest grade. Although the Court of the higher grade is also competent to try the suit the plaintiff cannot in view of section 15 compel that Court to entertain his suit; that Court may either entertain the suit..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... the prosecution. Since the matter whether the petitioner committed the offence charged with is pending for decision in the Special Tribunal, the same cannot be adjudicated in writ jurisdiction. This view of us gets support from the decision held in the case of Md. Idris Vs. EP Timber Merchants repo..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......, as his aforesaid statement, as per admission of P.W.14 namely, the IO, was recorded as a witness. It is well settled that conviction cannot be based on an exculpatory confession. In support of this view, as an authority, we can refer to the case of State Vs. Monu Meah, 6 BLC 402 as has been referr..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......ial non-disclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence. In view of this decision, we hold that though the date of service of the legal notice upon the petition..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......that there was ground for framing of charge. Therefore, we find no illegality in framing of charge against the accused-petitioner and there is no ground offsetting aside the impugned order. 19. In view of the facts and circumstances of the case as stated above, we are inclined to hold that there ..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......e decision in the case of Ali Akkas Vs. Enayet Hossain reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "the settled principle of law is that to ring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fu..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... disposal of the Dispute Case No.10 of 1988 as referred to by the petitioner is in clear infringement of section 87(2) of the Ordinance read with rules 135 of the Rules and, as such, the same, in our view, cannot be sustained in law. The said withdrawal of dispute case No.10 of 1988 is in clear viol..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......ntrolling and conducting both presidential and parliamentary elections the Election Commission shall perform such functions as may be prescribed by the Constitution or by any other law. Therefore, in view of the non obstante clause in Article 125, it is incumbent upon the Election Commission to allo..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... plaintiff opposite party No.1 from service as he was found guilty of the charges brought against him by the Summary Martial Law Court and that the order of conviction and sentence dated 18-8-82 on review was modified in that the order of conviction was confirmed but the sentence was remitted and th..Category: Employment/Service Law | Date: | Hits: 182
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