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Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....t to the High Court Division in matters relating to assessment, levy and collection of taxes and duties may be permitted where question of violation of fundamental right arises or where on undisputed facts, it is shown that the taxing authorities have assumed jurisdiction which they do not have. In ......ourt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: The petiti......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......etor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he is a manufacturer and seller of ceiling fans since 1990 and has been manufacturing and selling the same under the bran......of 1988 and by suppressing this fact they got the present registration. 4. As against this Syed Ishtiaq Ahmed, the learned Counsel appearing on behalf of the opposite party No.1, submits that no evidence has been led or produced to prove that this design of the opposite party No.1 has been prev..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
.... has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted the su......r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......der section 8C the Court may depute, or issue a commission to any suitable person to make such local or other investigation as may be necessary and to report thereon to the Court. Such report and any evidence recorded by such person shall be evidence in the inquiry. (2) The Court may, from time t..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....Court, Jessore, allowing Title Appeal No.90 of 1998 by reversing those of dated 31-5-1998 passed by the learned Assistant Judge, Bagharpara, Jessore, dismissing Title Suit No.548 of 1985. 2. Short facts leading to this Rule are that, on 19-6-1983, Altaf Hossain, predecessor of the opposite party ......n) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: ......ah, the learned Advocate appearing for the petitioner, seeks to impeach the impugned Judgment and decree on the two-fold arguments. Firstly, the learned Judge of the trial Court after considering the evidence on record came to a definite findings that the plaintiff failed to prove his right, title a..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.15 of 2002 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The petitioner as plaintiff instituted Title Suit being Title ...... 426. ......teacher and the petitioner signed and agreed and, as such, the notice of retirement was served upon him; thus the suit is liable to be dismissed. 4. The learned trial Court on consideration of the evidence and materials on record decreed the suit. As against that the defendant preferred Title App..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....1-2004, arose out of the incident of road accident the ambulance carrying the dead body of the deceased to the morgue faced. 9. The learned Judge on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced the accused as aforesaid and made the re...... State…………………………………Appellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dismissed. Cases Referred to- Abdul Motaleb Howlader Vs. State, 5 MLR (AD)......last investigating officer, who took up investigation of the case on 17-1-2004 and after conclusion of investigation submitted charge sheet against the accused. 8. After closing of the prosecution evidence the accused was examined under section 342 of the Code of Criminal Procedure, when he submi..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....he said stamp paper did not make it a valid piece of evidence for which the Judgment passed in appeal decreeing the suit relying on inadmissible evidence is a palpable illegality and erroneous on the facts and circumstances of the case which is liable to be set aside by this Court. 18. In reply t......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... dated 4-2-1995. The rent receipt and a copy of the plaint in Title Suit No.34 of 1998 was duly marked, as Exhibit in the suit. 8. The learned trial Judge upon framing proper issues considered the evidence on record and upon finding that the plaintiff miserably failed to prove his case and upon f..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ...... Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 19......pposite parties and perused the records. It appears that none of the Courts below has given its reasoning for the amount fixed by them as the maintenance per month. Neither of the parties adduced any evidence upon which amount monthly maintenance can be determined and fixed. Nevertheless we are not ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
.... Magistrate. This is in clear violation of the provisions of section 367 read with section 424 of the Code of Criminal Procedure. Therefore, the impugned judgment is no judgment at all. 4. In the facts and circumstances stated above I am of opinion that the appeal should be sent back to the Cour...... Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......ellate Court came to his own decision in one sentence to the effect, "We found nothing illegal in the impugned order." So it appears that the learned Additional Sessions Judge neither scrutinised the evidence on record nor came to his own decision independent to that of the trying Magistrate. This i..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....er of the Parliament has although appeared but has not shown any cause by filing any affidavit-in-opposition. In the meantime the petitioner filed a supplementary affidavit bringing on record certain facts which occurred in the meantime and made some additional prayers. All the 3 respondents, namely......zi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudassir Husain J.- This Appeal is directed against the judgment and order of conviction dated 19‑10‑94 passed by the learned Additional Sessions Judge, and Spec......d not be read over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witnesses and defence examined none. 4. The learned Special Judge in consideration of the evidence on record found the appellant guilty under section 409 of the Penal Code read with section ..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......44.......statement. 5. In this background of the case, plaintiff-petitioner examined 4 P.Ws. and 2 D.Ws. were examined on behalf of defendant Nos. 1 and 2. 6. The trial Court on due consideration of the evidence and materials on record decreed the suit. 7. Although the Additional Deputy Commissioner..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....dian Supreme Court has held that such power of amendment is not available to the Election Tribunal and the petition was rightly dismissed for non-joinder of the parties who are necessary parties. The facts mentioned in the case and the facts of the case before us are distinctly different. On the sam...... Vs. Md. Fazlur Rahman………………Opposite Party Judgment November 19, 1997. Result: The application is rejected. Cases Referred to- Mohan Raj Vs. Surendra Kumar Taparia and Others, AIR 1969 (SC) 677; Udhay Singh Vs. Madhav Rao Scindia, AIR (1976) 744; Satya Narain Vs. ...... the election petition. It has further been held that it is as if a person guilty of a corrupt practice can get away with it. Where at the concluding stage of the trial of an election petition, after evidence has been given, the Court finds that there is sufficient material to hold a person guilty o..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....le. iii) There was a failure on the part of the concerned authority to act fairly in taking the decision, iv) The expectation to be crystallized into a legitimate one, it must be based on clear facts and circumstances leading to a definite expectation and not a mere anticipation or a wish ......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......uld be the reasonable expectation or understanding of the employees holding that position at the relevant time. The contractual retiring age will prima facie be the normal, but it may be displaced by evidence that it is regularly departed from in practice. The evidence may show that the contractual ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition......n schedule-'Ka' to the plaint and established the cattle market therein by developing the land by his own money which was being managed by a committee of Ailchara Union Parishad with reference to the evidence adduced by him. He has further submitted that the Upazila Parishad after declaring the said..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....ry to establish a benami transaction were found against the plaintiff and it came to the finding that the plaintiff failed to prove his title to and possession in the disputed land. These findings of facts can hardly be assailed in Second appeal. The learned Advocate for the appellants could not poi......lant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Additional District Judge, Second Court, Chittagong i...... dismisses the suit only on the point of limitation. The lower appellate Court is not debarred from deciding the appeal both on point of limitation and on merit after taking into consideration of the evidence on record as the appeal is a continuation of the suit. Rather in my view recourse to such a..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....support of his contention that the High Court will interfere with the finding of the lower appellate Court where the finding of the lower appellate Court, is the result of misreading of evidence. The facts of that case are quite distinguishable and the decision has little application to the present .......Appellant Vs. Aminul Huq & ors..........................Respondents Judgment January 25, 1989. Result: The Appeal is dismissed. Cases Referred to- Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47; Mussummat Durga Choudhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appea......holding that Md. Wali had two wives but the lower appellate Court illegally omitted the same from consideration. Mr. Mokbul Ahmed further submitted that the lower appellate Court did not consider the evidence of D.Ws. and without considering the evidence of such witnesses illegally reversed the find..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....ce of murder of the deceased in an imbalanced state of mind which was not pre-planned and coldblooded and that after committing the offence the convict also became senseless and fell down. He, in the facts and circumstances of the case, submits that as the offence of committing murder was not cold-b......n Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assistant Attorney General, Anwara Shahjahan, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State Petitioner. Nitai Roy C......der section 302 of the Penal Code on 9-5-2001 who pleaded not guilty and claimed trial. 5. At the trial to bring the charge home prosecution examined 12 witnesses. After closing of the prosecution evidence the accused was examined under section 342 of the Code of Criminal Procedure who wanted to ..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....legal effect and (iv) why the serving of the show cause notice dated 22-1-2007 (Annexure-S) on the petitioner-company by respondent No. 3 shall not be declared to have been done unlawfully. 2. The facts leading to the issuance of the Rule Nisi, in brief, are: The petitioner is a public limited...... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
.... of Criminal Procedure, is that they are innocent and have been falsely implicated in this case out of enmity. The learned Additional Sessions Judge on consideration of the evidence on record and the facts and circumstances of the case found all the accused appellants guilty under sections 302/34 of......ferred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; (9‑14) PLD 1970 (SC) 13 & PLD 1958 (SC)203; Tawaib Khan and another Vs. The State, PLD 1970 (SC); Khushal Rao Vs. State of Bombay; Bharvad Bhikha Valu and o......der section 342 of the Code of Criminal Procedure, is that they are innocent and have been falsely implicated in this case out of enmity. The learned Additional Sessions Judge on consideration of the evidence on record and the facts and circumstances of the case found all the accused appellants guil..Category: Criminal Law | Date: | Hits: 106
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