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Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ...... In view of the observations made above as to the enforceability of the notification we are of the opinion that the notification dated 29-9-92, Annexure B to the writ petition has no force of law and accordingly has no binding effect upon the Respondent Bank. Moreover, the Legislature having had inc......……………Plaintiff-Appellant Vs. Mohiuddin Specialised Textile………………Defendant-Respondent Judgment August 18, 2009. Result: The appeal is allowed. Cases Referred to- Sonali Bank Vs. Quaderia Publications and Products Limited, 17 BLT (AD) 148; Sonali Bank Vs. ......y different because the preliminary decree therein has to be passed under Order XXXIV Rule 7 CPC which is substantially in the same terms as in Rule 2. The High Court Division was not well-founded in law in not being persuaded with the decisions cited in AIR 1953 (Bom) 445 and AIR 1958 (Rajasthan) 1..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....ealing co-accused convicted in a case may be given benefit of the result of the appeal preferred by other co-accused. Be that as it may, the petitioner seeks our inherent jurisdiction for the ends of justice to restore this case. 4. We are not convinced that the inherent power as conceived under ......son having little knowledge about the proceeding of the Court. He states that as the appellant wanted to seek mercy to the Hon’ble President of the Republic they did not proceed with the appeal and accordingly, the same was dismissed for non-prosecution. It further states that in this petition tha...... Criminal Appeal No. 774 of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under sectio......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
..... It is also submitted by him that there is no illegality in accepting the report of the Advocate Commissioner and the Court has committed no error of law in accepting the same occasioning failure of justice. 8. I have perused the petition praying for Advocate Commissioner, the report flied by th......d has been encroached by the defendant-petitioner and to ascertain whether there are four fruit bearing coconut trees in the land. The trial Court appointed an Advocate Commissioner and issued a writ accordingly to relay and ascertain the same. 4. The Advocate Commissioner after making local inve......bdul Aziz J Khondker Abdul Majed……………Petitioner Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 D...... has himself having admitted in his cross-examination that he did not try to find out tri-junction pillar, he did not survey the suit plot in 16 annas, etc., the trial Court has committed an error of law in accepting the report of the commissioner which has seriously prejudiced the defendant-petitio..Category: Civil Law | Date: | Hits: 122
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......angladesh. Their case is that they have no trading income and have no fixed place of business and, as such, they are legally entitled to put in nil income tax return with the income tax authority and accordingly, they have done so, during the assessment years in question. But disregarding the provis......nal by a single judgment disposed of ITA Nos. 279-286/1991-92. 2. The petitioner’s case, in short, is that, it is a non-resident corporation having its Head Office in Seoul, Korea, was permitted to work in Bangladesh in the year 1981 by the work permit dated 13-4-81 and they established an offi......the Respondents. Reference Application Nos. 68-75 of 1984. Judgment Mahmudul Amin Choudhury J.- Reference Application Nos.68/75 of 1994 have been taken up for judgment as common question of law and fact is involved in these reference applications preferred against the judgment and order pa..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....non suit the plaintiffs automatically. More so the objection being not raised at any previous stage nor the defendants-petitioners could point out that by non-impleading the Government any failure of justice has occasioned nor any transfer is sought for avoiding any law. There is therefore no failur......0 from Jamir Hossain, predecessor of defendants 1-8 and executed a deed of sale for the suit property on the understanding that if he returns the amount the property would be returned back to him and accordingly, a deed of sale was executed and registered on 6-5-59 and on the same date, contemporane...... Abdul Quayuam Khan……………Petitioner Vs. Abu Yusuf Mridha………………Opposite Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. ......ther relevant document relating to the property shall be deemed to be a contravention of the provisions of this Order for the purpose of this Article.” 13. It appears from the above provision of law that Government is a necessary party in a suit for specific performance of contract. It appears ..Category: Procedural Law | Date: | Hits: 129
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......1.......espondents to show cause as to why the impugned order being Nathi No. S4-02/AP/Group-6/94/12989-Cus. Dated 12-4-1994 (Annexure-D to the Writ Petition) should not be declared to have been made without lawful authority and to be of no legal effect or such other or further order or orders passed as to ..Category: Fiscal/Taxation Law | Date: | Hits: 189
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......Appeal No.196 of 1994 dismissing the appeal. 4. Learned Advocate for the petitioner on 7-7-97 did not press that application before a Division Bench presided over by Mr. Justice Kazi Safiuddin and accordingly the said application was rejected as not pressed. In spite of the same petitioner filed ...... others……..……………Contemners Judgment June 23, 1999. Result: Unconditional apology tendered by the contemners are accepted. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney-General— For the State. Maksudur Rahman, Advocate — For the Contemners. Criminal M......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380...Category: Criminal Law | Date: | Hits: 87
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......e is also Reported in: 41 DLR (HCD) (1989) 473.......n application by a plaintiff for an order to set aside a dismissal for default of his appearance is 30 days from the date of dismissal of the suit and the learned Munsif has committed an error of law in his decision in allowing the application without any consideration of the objection that the ..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....g rent and/or remaining in possession. All these are very relevant questions to be decided on the basis of evidence on record. But these have not resolved and it has occasioned a total failure of justice. 17. It is, therefore, ordered that the judgment and order passed in Miscellaneous Appeal......al is admitted for which the appellant should not suffer. In such circumstances the only course open in revision is to send the case back on remand to the lower appellant Court, to admit the appeal according to law after receiving the required deposit from the appellant before the appeal is set ......……………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 C......able to the petitioner at the relevant time and that though the application was also under Order 21, Rule 19 of the C.P.C. read with Section 18 of the Limitation Act, 1908 none of these provisions of law are applicable at all. The learned Subordinate Judge held that the judgment-debtor or the pers..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ed by the law Vicarious liability means that one person takes or supplies the place of another so far as liability is concerned. In short, vicarious liability is based on social convenience and rough justice. This is an adequate explanation of the doctrine, subject to the qualification that the mast...... submits that appellant indirectly admitted that he is agreeable to pay claim Nos.1 and 4 and in respect of claim Nos.2 and 3 the appellant's lawyer submits that, these two item cannot be calculable, according to the learned Advocate, was submitted by the learned Advocate for the appellant on miscon......ght of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life ......ent to mitigate the sufferings of the survivors of the family. It is suggested the Government to bring the wrong doers to Court, either by assisting the survivors in their effort to approach the law of Government on behalf the survivors realize such compensation from the wrong doers which may a..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....ee was passed against the petitioners ex-parte as they did not appear in the case. Laws says that when after service of summons if any one did not appear to contest the suit then for fare and natural justice, as per provision of rule 19 of Order V CPC the process server is required to be examined in......realization of loan of the House Building Finance Corporation shall be instituted in the Court of the learned District Judge and the same would be heard and disposed of by the learned District Judge, according to the provision of Article 21 of President's Order 7 of 1978". This Judgment was affirmed......li Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Banglad......the sanctioned letter. Plaintiffs for repayment of the loan requested defendant at first verbally, thereafter by personal connection, later on, by Registered Post and lastly by issuing notice through lawyer but defendant did not pay any heed. Since defendants did not repay the loan, the representati..Category: Civil Law | Date: | Hits: 156
....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471.......igh Court Division
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Trading Corporation of Bangladesh…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents
Judgment
July 18, 201......me of filing of the appeal against the demand dated 7-10-2002 despite success in the appeal and Taka 19,30,521.72 which was illegally realized by the vat authority as trade VAT by misinterpreting the law shall not be declared to have been made without lawful authority and are of no legal effect.
..
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....ssary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality and risks of such unregulated sand mining, served, by registered post, a notice demanding justice dated 2-11-2005 (Annexure-D) upon the respondents demanding immediate steps to stop illegal ......nks and also from outside the designated area of the Fazilpur Sand Quarry. The injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......……Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55......ation-Tahirpur, District-Sunamganj) from illegal extraction of sands from its bed and banks and also to protect the banks of the said river by placing bank protecting embankment as required under the laws why further directions shall not be given upon them to initiate legal measures against the ille..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....d this Rule. 7. Mr. Dewan A.M.S. Zaman, the learned Advocate for the petitioners, has submitted that the impugned order of the learned Munsif suffers from illegality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts......ntiff petitioners and defendant Nos.1-4, in pursuance of which the plaintiffs petitioners donated .05 decimals of land by a document registered on 20.3.84 and constructed the present building thereon according to the specifications given by the defendant opposite party Nos.1-4. It was alleged in t...... Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. T......dvocate for the petitioners, has submitted that the impugned order of the learned Munsif suffers from illegality occasioning a failure of justice as the order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned ..Category: Procedural Law | Date: | Hits: 193
Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......e Upazila Magistrate also found that added 4th party could not prove possession over any part of the proceeding land. He also held that parties to the proceeding are entitled to get sale proceeds according to their respective share in the land from the receiver appointed till they are evicted ......a Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi......in joint possession in the proceeding lands and in view of the aforesaid discussion. I do not consider that the impugned order should remain in force till a decision is made by a competent Court of law as held by the learned Magistrate. 11. For the reason stated above, I hold that the impugned ..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....llate Tribunal. The Appellate Tribunal on consideration of the materials on record has given correct findings and we do not feel that he has committed any illegality which occasioned any failure of justice calling for our interference by this Court in these cases. Consequently these Rules are disc......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For th......s not maintainable as the Member Appellate Tribunal is not a Court but a persona designate and the decision of the Arbitration Appellate Tribunal being final, the revision case is not maintainable in law but the petitioner may file writ. 6. Mr. Gazi Abdur Rashid, the learned Advocate appearing..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
.... the suit for a declaration that the order of dismissal made by defendant No.1 is illegal, ultra vires and without jurisdiction and is of no legal effect and is against the principle of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party c...... a country cannot oblige the statutory authority or body to follow a law at a time it was not in existence. The statutory authority or public functionary has got certain powers and functions to act according to the law which gives him the authority and power to act and to pass orders on and his ac......anul Hoque................................Petitioner Vs. General Manager, Agrani Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involv......aration that the order of dismissal made by defendant No.1 is illegal, ultra vires and without jurisdiction and is of no legal effect and is against the principle of natural justice and rule of law and the plaintiff is still in service. 5. The defendant opposite party contested the suit by..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......at subsequently it was considered that killing of Nuru Miah Chowdhury @ Bachu Chowdhury in Narayanganj would be too risky, that therefore Nuru Miah Chowdhury should be killed somewhere in Dhaka, that accordingly they assembled in the house at 6/8 Sir Syed Road, Mohammadpur on 30.10.86, that petiti................................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Begum Vs. The State, 27 DLR (AD) 29; Jo......itted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in accordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for reviving this Sessions triabl..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....ccused facing trial on capital charge, learned Sessions Judge was if satisfied in holding trial without taking step to arrange their state defence, in as much as condemned prisoners are fugitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence.......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......…….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987. Result: The appeal is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the Appellant (State). Akram Hossain Amin, Adv......om justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an accused in a trial facing capital charge cannot be denied of his substantive right ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....al Sessions Judge, Noakhali the real culprit namely, Tasir Ahmed was left out and allowed to go scot free. This inaction on the part of the police is not conducive to the proper administration of justice and this has the effect of shaking confidence of the litigant public in the administration......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89........97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger under sections 302/34 of the Penal Code in Sessions Trial Case No. LXXVI/Novembe......n swayed by moral conviction and thereby lost sight of legal testimony. Rule of evidence cannot be departed from because there may be strong conviction of guilt for a Judge cannot set himself above law which he has to administer or to mould it to exigencies of particular occasion. 20. Thus, hav..Category: Criminal Law | Date: | Hits: 117
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