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Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441....... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ppeal is directed against the judgment and order of conviction and sentence passed by Mr. SM Jamshedur Rahman, Additional Sessions Judge, Netrokona in Sessions Case No.297 of 1984. 2. The relevant facts of the case as stated in court by P.W.1 Abdur Rashid, son of the informant Abdul Hamid Khan (n..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440....... Steel Works Ltd………...Applicant Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka……..…Respondent Judgment April 12, 1992. Result: The Court refrains from answering the question. Case Referred to- MM Ispahani Ltd. Calcutta Vs. Commissioner of Excess Profits Tax, ......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440...Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......eport, that the report of the post‑mortem examination of the dead body of Amiruddin was illegally admitted into evidence, that the learned Sessions Judge did not notice that the appellants' acts in question were done in exercise of their right of private defence and they did not at all exceed thei......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......e provisions of the Arbitration Act, 1940. It appears that the learned Subordinate Judge went beyond the pleadings and wrongly held that the suit was barred by Article 158 of the Limitation Act. The question before the Court was whether the suit was barred by law as provided in clause (d) of rule 1......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......hat condition while participating 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.......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..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......on record has held that being a homestead as defined in the State Acquisition and Tenancy Act the property is agricultural land within the contemplation of the said Ordinance and that th6 transfer in question was made during the period of economic distress for reasons of such distress. He has accord......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..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......n the plaint as regards the time-limit of repaying the loan, it has not been proved at all that the respondent No.1 has taken from the bank any loan which answers the description of clause (g). The question of his being a defaulter does not arise. 9. Mr. Fazlul Karim submits on the basis of Ann......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..Category: Election Law | Date: | Hits: 216
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......inding on the parties concerned."
12. Section 10 provides that subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effect notwit......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..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....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....... the Writ Bench had not considered the strict provision of law that an Annual General Meeting should be held at least once in the year though the said Court had occasion to examine 15 months period question. In that case under report the Annual General Meeting for the subsequent defaulted year w...... 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 ..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......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..Category: Criminal Law | Date: | Hits: 97
....t of public safety and public order. Thereafter grounds of detention were served upon the detenu on 3.11.1988 inside the Dhaka Central Jail. The grounds which were served on the detenu on 3.11.88 are identical to the earlier grounds of detention served on 11.8.88. It was further stated in the peti......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.
......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 ..
Category: Criminal Law | Date: | Hits: 100
....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.
......he ground that he was no longer a co-sharer as the original holding had been sub-divided and the rent thereof had been split up by the Revenue Officer under section 88A of the Bengal Tenancy Act. The question arose whether the order of the Revenue Officer could be held to be without jurisdiction for......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 ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......ced before the learned District Judge to prove that it was not a case of subletting. The learned District Judge considered these documents "as very important" for the purpose of determining the question of sub-letting or otherwise and in that view of the matter, on 15.8.83 allowed the appeal, ...... 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..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......he right to take the plea and is debarred from arguing that the suit is liable to be dismissed for want of notice under section 109(1) of the Act. Mr. Karim repelled the contention by saying that the question relates to the maintainability of the suit for want of notice and is a question of law whic......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..Category: Business or Commercial Law | Date: | Hits: 397
....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.
......eded or is likely to be needed for any public purpose", but in the notice under Section 3 the Deputy Commissioner cannot simply quote the provision of Section 3. He has to say whether the property in question is needed, or, alternatively, whether it is likely to be needed. But he cannot say at the s......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..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......exure B) on 7.3.88. The present respondent filed his affidavit-in-opposition in Writ Petition No.849 of 1988 on 10.7.88. It was perfectly possible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also possible to obtain a complete relief by asking f....... 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..Category: Election Law | Date: | Hits: 215
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ...... notice under section 106 of the Transfer of Property Act (Exhibit 5) was issued on 23-6-1993 asking the defendant to vacate the suit premises within 15 days from the date of receipt of the notice in question. He therefore submits that the notice being not given with reference to Bengali calendar mo......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..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... 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. ......ke it off or otherwise could dispose it of but in the instant case the executing Court did not do either of these three. In my opinion, the executing Court wrongly has held that the execution case in question is barred by limitation as per the provisions of Article 181 of the Limitation Act. As the ......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 ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......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..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......ure and the impugned judgment and order. It appears that none of the prosecution witnesses deposed that these appellants had knowledge of counterfeit character of the note used in the transaction. No question to that effect was put while the charge was framed against them or while the appellant in C......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..Category: Criminal Law | Date: | Hits: 111
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