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Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....d in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, are that the petitioner is a company incorporated unde...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Overseas Garments Industries (Pvt.) Ltd..............Petitioner Vs. Bangladesh and others.................................Respondents Judgment January 12, 2005. Result: ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....revealed that Innocent used to despatch heroin by Biman Cargo to Bombay and it was transhipped through Sabona Air Lines to reach Brussels, wherefrom it was sent to Nigeria and then to Monrovia. These facts were revealed from the letters written by Innocent to his cousin Charlie. From all these facts......an J Md. Fazlul Karim J State……………Petitioner Vs. Innocent N Egbunine…………….Condemned‑Prisoner Judgment June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with An......it. He has also stated that he told to the Investigation Officer that the accused Innocent signed in the register book and was given rent of the room on seeing his passport. 20. After the close of evidence the condemned-prisoner was examined on 3‑8‑1991 under section 342 of the Code of Crimin..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....umber of decisions of different High Courts of the Subcontinent including a decision of the Calcutta High Court in the case of Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. In that case, the facts of which are found to be exactly similar to those of the instant case, a division Bench of the...... the Respondent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Jud......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....urt Division. We find no materials for which the cases of the appellants might be discriminated. Although granting of bail is a matter of discretion of the Court concerned but having considered the facts and circumstances of the case, we are of opinion that the High Court Division has not exercise...... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdul Gafur Sarder and another…………………Appellants Vs. The State and another………………Respo......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....uddin Hossain J. - The question of applicability of section 494 of the Code of Criminal Procedure and its application to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury ......his Case is also Reported in: 30 DLR (AD) (1978) 228. ...... under this section and the tender of pardon will not operate as a bar to prosecution, if the public prosecutor certifies that the pardoned accused has not made full discharge of facts or given false evidence as a witness. 8. Section 248 of the Code says that if a complaint at any time before a f..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... to the respondent on execution of the mortgage of the respondent's properties to it. Since the question raised is of great public importance involving fiscal matter, leave was granted. 6. Certain facts are admitted: that the respondent took a loan from Bangladesh Shilpa Rin Sangstha by creating ......eferred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
.... nature, either under section 26F of the Bengal Tenancy Act or under section 24 of the East Bengal Non-Agricultural Tenancy Act what is required is that the Court must examine fairly and squarely the facts of the case and decide for itself whether a transfer is still subsisting. A Court in disposing......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Shafi Khan……………………Appellant Vs. Mannujan Hossain, wife of A.Z.M. Delwar Hussain, Advocate and others………………Respondents Judgment February 16, 1983. Result: The appeal i......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....wdhury and Mr. Selim Jahangir made comprehensive submission in support of the Writ Petition. 9. In his opening speech, Mr. Sheikh Fazle Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the ......se is also Reported in: ...... argue the case with a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence as the evidence of mala fide action is quite conspicuous. 4. In impugning the direction concerned, the P..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... 8. On the other hand Mr. Md. Imam Hasan, the learned Advocate appearing for the respondent-bank vehemently opposes the Rule and submits that the petitioner obtained the Rule suppressing the material facts regarding adjustment of sale proceeds of the saving certificates, and has challenged order dat......gh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Mohiuddin Chowdhury ...................... Petitioner Vs. Rupali Bank Ltd. and others .................... Respondents Judgment February 15, 2011. Result: The Rule...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....r of the unit may be directed to hand over its possession to the Bangladesh Steel Mills Corporation under the Ministry of Industries and cancel his appointment.
It could not be understood what new facts/circumstances weighed with the Ministry of Industries to issue order for the retransfer of the......d.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......ement of this Order.
(3) On receiving an application under clause (2), the authority to which the application is made shall hold a summary inquiry in the prescribed manner and, after taking such evidence as may be produced, shall pass an order, stating the reasons therefore, rejecting the appli..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....e allowed to depart from it on the ground that his opponent admitted the position which was opposite to his stand, Justice and expediency cannot go together. 9. In paragraphs 2 and 3 of the plaint facts as to the creation of the tenancy have been stated. In addition, facts as to the service of no...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i......ndent, that if at the trial stage or even after remand by the High Court Division, the defendant-appellant raised objection on this score, it would have been open to the plaintiff-respondent to bring evidence on this point, but after the lapse of 24 years since notice had been served upon the defend..Category: Property Law | Date: | Hits: 103
....ial compliance of the provision of rule 3 of the Rules 1973.
6. The High Court Division considered the provision of law and arrived at a finding that:
"In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the lear......wdhury J
Md. Shahidullah (Kamal)……………………………………………………Petitioner
Vs.
Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others…………………Respondents
Judgment
January 23, 2006.
Result:
The petiti......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ..
Category: Election Law | Date: | Hits: 190
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....upport of this contention Mr. MA Wahab Miah learned Counsel for the petitioners cited the case of Hajee Abdus Sattar Vs. Mahiuddin and ors. reported in 1986 BLD (AD) 224. 18. Having considered the facts circumstances, the evidence on record and the exhibits referred to above, I am of the opinion ......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......t premises and 6) what other relief or reliefs were the plaintiffs entitled to? The plaintiffs examined 4 P.Ws. in support of their case while the defendant examined 8 D.Ws. and having considered the evidence on record the learned SCC Judge by judgment and order dated 30-6-87 returned the plaint for..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....gment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser instituted Rent suit No.496 of 1960 agai......1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....reliminary decree once passed cannot be amended, he rejected the prayer for amendment. The learned Judges of the High Court Division rejected the prayer on a ground which is not at all tenable in the facts and circumstances, that is, that the whole object of the prayer for amendment of the decree is......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appe......tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320...Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....strict Judge, Tangail in Other Class Appeal No. 30 of 1974, affirming the judgment and decree dated 30th August, 1974 passed by the Second Court of Munsif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-responden......o Reported in: 31 DLR (AD) (1979) 316....... to the defendants' possession of the land in question on the basis of the contract dated 21.4.68. His contention was that the learned Single Judge, on mere suspicion and without considering the oral evidence on record, for the first time in second appeal found that the deed of agreement dated 21...Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....d by the Division Bench. 11. So far as the third contention is concerned, on perusal of the instrument of transfer itself it appears that the contention is not based on correct representation of facts. Admittedly, the instrument was duly stamped. But the stamps were not cancelled before filing ......is Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....that Nuvista Pharma Ltd. will be liable to meet any claim from the VAT authority, that may have arisen in future in the name of Organon (Bangladesh) Limited. 20. If we glean and consider all these facts it becomes clear that the bank guarantee and undertaking (Annexure-F-1, F-2) have been consc...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....s per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and considering the facts and circumstance vide the impugned order allowed the Complaint Case and directed the petitione......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......itioner is not a Commercial Establishment or Industries as per provision of the Employment of Labour (Standing Orders) Act, 1965 and Industrial Relation Ordinance, 1969. The Labour Court after taking evidence both oral and documentary and considering the facts and circumstance vide the impugned or..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
.... an attempt to defend this action on the ground that plaintiffs being a party to the deed were debarred from challenging it, but the learned 1st Appellate Court committed gross error interpreting the facts in this regard. Plaintiff-appellants are not party to the deed Exhibit A and, as such, are ent...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......zahar Ullah Bhuiyan, Advocate and Mr. Lokman Hossain, Advocate appearing on behalf of the defendant petitioner has taken me through the judgments of both the Courts, plaint, written statement and the evidence of the parties and submitted that the judgment of the Appellate Court is not a proper judgm..Category: Property Law | Date: | Hits: 88
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