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Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)
....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sumÂmarily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......r ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of BanglaÂdesh. 2. It is stated in the petition that in response to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Co......ponse to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2-7-2008 the appeal was rejected on the ground of non-payment of 10% of the amount of de..Category: Fiscal/Taxation Law | Date: | Hits: 280
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ...... OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted......11.90 against the petitioner and his brother. Thereafter the learned Magistrate took cognizance of 11.11.90 against the said accused persons on the basis of the said prosecution report. Thereafter by order dated 23.12.90 learned Magistrate sent the record of Non First Information Report Case No.80 o..Category: Procedural Law | Date: | Hits: 153
....d that the petitioner is not the junior most in the same rank but there are some other officers working in the same rank who are junior to him and as such the order was passed arbitrarily and without lawful authority.
3. Respondent Nos.1 and 2, namely, Managing Director and the Secretary, Banglad......l Jurisdiction)
Present:
Md. Abdul Jalil J
Kazi Ebadul Hoque J
Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner.
Vs.
Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents.
Judgment
August 13, 1992.
Result:
The Rule is made absolu......hmed, Advocates ‑ For the Petitioner.
Akhtar lmam, Advocate ‑ For the Respondent Nos.1‑2.
Writ Petition No.2873 of 1991.
Judgment
Md. Abdul Jalil J.- This Rule was issued against an order dated 26.9.91 passed by the Secretary, Bangladesh Mukti Juddha Kallyan Trust terminating the s..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....e white papers to claim the suit property and if any such papers or documents appear to be created by or in the name of the pro forma defendant Nos.7 and 8 that will have no legal force in the eye of law as because they had already transferred their right to the suit land by registered deeds in favo......ppellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, M....... The learned Advocate further contended that the said writing is in different ink and different hand. None of the P.Ws. were cross‑examined about the same at the time of trial. It appears from the order sheet that plaintiffs' prayer for temporary injunction was rejected by the trial Court on 28.2..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......R (HCD) (1992) 492.......evidence on record the learned Sessions Judge convicted the appellants under section 302 read with section 34 of the Penal Code and sentenced each of them to imprisonment for life by the judgment and order dated 8.4.87. The learned Sessions Judge however acquitted accused Munshi giving him benefit o..Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....88 by the petitioner for vacating the order passed on 23.11.1988 on the ground that in absence of a prior leave obtained by the opposite party to appear and defend the suit the order was erroneous in law. The learned Judge, however, heard the application for vacating the order on 14.12.88 but withou......ported in: 44 DLR (HCD) (1992) 490.......sulted in institution of the suit. 3. The opposite parties appeared on 23.11.88 in response to service of summons and filed an application for time to file written statement and the court by an order on that date allowed the application to file written statement on 7.12.88. This order resulted..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....nt No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to canc......ged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, A...... Writ Petition No. 416 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued upon the respondents to show cause why the judgment and order dated 11.7.87 passed by respondent No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑B..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....nce namely, the presence of 5 or more persons as required to commit dacoity has not been mentioned in the charge so framed and as such the convicÂtion of the accused appellants is not sustainable in law. To constitute an offence under section 391 of the Bangladesh Penal Code which defiÂnes dacoity...... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ......5 of 1983. Judgment Mohammad Ismail Uddin Sarker J.- This appeal by the 3 accused appellants namely, Shahadat Hossain, Kazi Enayet Hossain and Abdul Kashem is directed against the judgment and order of conviction and sentence dated the 25th May, 1983 passed by the Assistant Sessions Judge, Jh..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....ubmits that the trial Court after hearing the parties and the deposition and considering the Exhibits since found possession of the petitioner dismissed the suit which is very much in accordance with law against which the plaintiff-appellant-opposite parties have preferred appeal and the appellate C......ords at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......rt in an appropriate civil suit." He has further referred 43 DLR 226 "There is no specific area or demarcation of the land allegedly encroached by the defendants Âopposite parties, in such a case no order of temporary injunction can be granted" and in this connection he has referred schedule 'A' de..Category: Property Law | Date: | Hits: 144
....this court and obtained the present Rule.
6. Mr. Md. Ruhul Amin, the learned Advocate appearing on behalf of the petitioners submitted that the court of appeal below committed serious errors of law occasioning failure of justice in dismissing the appeal and affirming the judgment and decree of......ed in: 44 DLR (HCD) (1992) 406.......he Rupali Bank. That by a letter dated 15.9.81 his service was terminated by the Assistant General‑Manager without any show cause notice. It is asserted by the plaintiff‑opposite‑party that the order of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got ..
Category: Labour and Industrial Law | Date: | Hits: 233
.... issued declaring Memo No. A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect.
2. In order to appreciate the background of the impug......Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Syed Mozammel Huq..................Petitioner.
Vs.
People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents.
Judgment
January 24, 1991.
Result:
.......90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be without lawful authority and of no legal effect.
2. In order to appreciate the background of the impugned order dated 15.1.90 (Annexure C) it is necessary ..
Category: Property Law | Date: | Hits: 160
Amir Hossain Farhad Vs. Dr. A Mannan, 1991, 20 CLC (HCD)
....nd circumstances of the case. We, therefore, find nothing to interfere with the impugned order and accordingly discharge the Rule. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 401. ......site Party. Criminal Revision Case No. 26 of 1989 (Barisal), 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Ses...... 1356 of 1991 (Dhaka). Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the first party‑petitioner under sections 439 and 561A of the Code of Criminal Procedure is for quashing the order dated 17.4.89 passed by the Sessions Judge, Bhola in Criminal Revision No. 16(1) of 1988 setti..Category: Others | Date: | Hits: 172
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be declared to have been made without any lawful authority and to be of no legal effect. The said memorandum has been filed by the petitioner ...... Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made a......sional works and for medical check up abroad. He is the legal adviser of various banks and enjoyed a good reputation in the society and in the legal circle. On 9.10.91 he was served with the impugned order directing him to hand over his passport to the persons who came to serve the said order. Since..Category: Business or Commercial Law | Date: | Hits: 601
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
.... preparation of the paper book in the appeal was dispensed with. We heard this Misc. Appeal and fixed it for judgment on 6.7.92. But on that date it struck us as to whether the appeal is competent in law, the impugned order being passed by the Artha Rin Adalat. Then we again fixed this appeal for fu......Bank…………...Respondent Judgment July 21, 1992. Result: The appeal is dismissed. Cases Referred to- Hori Mia Vs. State, 10 DLR 123; 3 QBD page 1; ILR 40 Cal 21 (PC); Jyotish Chandra Chakravarty Vs. Hem Chandra Roy & another, 11 DLR 7; Abdur Rahman Vs. Muhammad Sharif &......€‘Amicus Curiae. Appeal from Original Order No.24 of 1991. Judgment Muhammad Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant-Âappellant is directed against an order dated 26.1,91 passed by Mr. Md. Abdus Samad, Subordinate Judge, Artha Rin Adalat, Rajshahi in ..Category: Civil Law | Date: | Hits: 169
.... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Abdul Bari Sarker J
Abdul Latif .......Petitioner
Vs.
Principal, Residential Model School, Mohammadpur, Dhaka and another……….Opposite Parties
Judgment
April 2, 1987.
Result:
The Rule is disch......For the Opposite Parties.
Civil Revision No.748 of 1984.
Judgment
Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and order dated 10.9.84 passed by the learned Additional District Judge, 2nd Court, Dhaka in Miscellaneo..
Category: Procedural Law | Date: | Hits: 132
....ation No. 5 of 1989 (Chittagong).
Judgment
AM Mahmudur Rahman J.- This application under section 66 of the Income Tax Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Bench, Chittago......
Judgment
June 23, 1992.
Result:
The court ruled in affirmative.
Cases Referred to-
Haxari Mal Kuthiala Vs. Income Tax Officer, Special Circle, Ambala Canit, 30 ITR, 500; Dialdas Parmanand Kripalani Vs. PS Talwalkar, 1957 Bomb; Commissioner of Income Tax Vs. Zoroastrian Building Socie......
Judgment
AM Mahmudur Rahman J.- This application under section 66 of the Income Tax Act, 1922 is at the instance of Revenue referring the following question of law said to have arisen out of the order of the Taxes Appellate Tribunal, Chittagong Bench, Chittagong:
"Whether on the facts and ci..
Category: Fiscal/Taxation Law | Date: | Hits: 266
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....decree upon exercise of its inherent power under section 151 C.P.C. if no case can be made out as required under Order 9, rule 13 thereof upon a reference to the reported decision it appears that the law is already well settled. It is not necessary to burden this judgment with all those decisions. T...... Comilla in Misc. case No.28/82) Judgment ATM Afzal J. - This Rule, at the instance of the Plaintiff-Petitioner, arises out of a proceeding under Order 9, rule 13 of the Code of Civil Procedure and is directed against the judgement and orÂder dated 24.08.1983 passed by the learned Munsif, 3rd......ty. Civil Revision No.2 of 1984. (In the matÂter of an application for stay. And in the maÂtter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside the order date 24.08.1983 passed by Munsif 3rd, Court, Comilla in Misc. case No.28/82) Judgment AT..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....ce cannot be treated to be mitiÂgating circumstance justifying lesser puniÂshment and further if such delay is alloÂwed to stand as mitigating circumstances it will amount to refusal to administer law as it stands and would perpetuate injÂustice. Leaned Deputy Attorney General further urged that...... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo......y General assisted by Mr. Md. Latifur Rahman and Md. Altaf Hossain appearing for the State, submitted that evidence adduced in this case by the prosecution side is of intrinsic reliability to sustain order of conviction. Now we propose to discuss the evidence of each witÂnesses examined in this cas..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
.... and it may be written or it may be verbal or it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional s......his Case is also Reported in: 55 DLR (HCD) (2003) 557. ......ppeal, at the instance of eight accused-appellants, namely, (1) Noor Hossain, (2) Ramjan, (3) Chandu, (4) Shibha, (5) Shahin, (6) Habu, (7) Rabi and (8) Ator Ali, is directed against the judgment and order of conviction and sentences, dated 3‑8‑1998, passed by the learned Additional Sessions Jud..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....t Nos. 1, 6 and 7 to show cause as to why the nomination paper of the respondent No.7 accepted by the Respondent No.1 in Second Appeal in the grab of review should not be declared illegal and without lawful authority. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division...... High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J SM Emdadul Hoque J Dr. Md. Shahjahan, AdvoÂcate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discha......n upon the Returning Officer to allow him to submit nomination paper before expiry of last date i.e. 4-12-2008. On that date the petitioner failed to submit the nomination paper as per the ad-interim order passed in Writ petition No.9708 of 2008 and then he filed the present writ petition No.9875 of..Category: Election Law | Date: | Hits: 231
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