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Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......hab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition i......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
....il Petitions for Leave to Appeal Nos. 767, 796, 1084-85 and 1091 of 2011 have been heard together and are being disposed of by the this common judgment as they do involve common questions of laws and facts.
2. The above mentioned civil petitions for leave to appeal are directed against the judgm......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
..
Category: Others | Date: | Hits: 172
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....4, 1447, 1708, 2830 of 1992 and Writ Petition No.1931 of 1993 are made absolute in part and Rules in Writ Petition Nos.2197, 2584, 2728, 2831, 2974, 3067, 3189 and 3473 of 1992 are discharged. In the facts and circumstances there will be no order to costs. Respondents are at liberty to encash the ba......se is also Reported in: 50 DLR (HCD) (1998) 225. ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d FIR the informant did not mention it. He also found that when the informant deposed that after admitting his brother in the clinic he went to lodge ejahar Ext. 1 then why he suppressed the material facts. But none from the clinic has been examined in the case to substantiate the fact and no eviden......eme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: Th......velopment after he obtained bail is not without foundation.” 9. He next contends that the trial Court in the impugned judgment and order have found that though P.W.1 the informant deposed in his evidence that his brother Abdul Jalil being injured was admitted in Gulshan Modern Clinic but in the..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....ued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, in short, are that the petitioner is a reputed physician and serve......8) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....ve all arrear financial benefits as per decree and this judgment of the Appellate Division is annexed as Annexure-1 to the affidavit in reply of the petitioner. 10. In the background of the above facts and circumstances it appears that the leave petition of the BSC so far it relates to re-instat......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th......urther submits that there is no allegation of enmity in between the present petitioner as Secretary of the corporation and the contemners. He further submits that the petitioner failed to produce any evidence to show that he was not allowed to join his service though he personally went to the office..Category: Others | Date: | Hits: 142
....order of extension of detention was passed by the Government, the grounds of detention dated 26-8-96 could never he placed before the Government by the District Magistrate. It is a total absurdity of facts. As such we find no substance in the submissions of the learned Attorney-General.
12. In or...... Mozammel Hoque J
Md. Abdul Matin J
Rieta Rahman…………Petitioner
Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
November 18, 1996.
Result:
The Rule is ma......e political massacre on 15th August, 1975. It is further asserted that the collaboration of other stalwarts of the Freedom Party with him on this plan is a fact and in support thereof there are solid evidence, as for instance, after the killing of the 3rd November, 1975, the detenu fled away from th..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....l Appeal No.16(II)85 affirming the judgment and order of conviction and sentence passed by the learned Magistrate, 1st Class of the then Biswanath Upazila in CR Case No.69 of 1989. 2. The relevant facts are as follows: Md. Selim, an Assistant of Upazila Agriculture office lodged the First Info......t Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the j...... the accused is that he is a dealer in insecticide and the informant demanded bribe from him. As he refused to pay, he was falsely implicated in the case. The learned Magistrate after considering the evidence on record found the accused guilty of the charge. In the appeal, the judgment and order of ..Category: Criminal Law | Date: | Hits: 58
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
...... in: 50 DLR (HCD) (1998) 195.
......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
..
Category: Property Law | Date: | Hits: 103
....Khan, the learned Advocate appearing for pre-emptee-opposite party No.1, on the other hand, submits that the learned Court below on proper and detailed consideration of the evidence on record and the facts and circumstances of the case have been perfectly justified in dismissing the pre-emption case......: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......s right of pre-emption, which is essentially a predatory right, after a long lapse of time, a heavy duty is cast upon him to prove his alleged knowledge about the impugned transfer by most convincing evidence as to circumvent the bar of limitation.......................................................
Category: Property Law | Date: | Hits: 78
.... receipts Ext. 2 series in favour of the plaintiff.
7. The learned Advocate appearing for the opposite parties finds it difficult to support the impugned judgments and frankly concedes that in the facts and circumstances of the case and the evidence on record the impugned judgments do not appear ......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......mining the plaintiff’s witnesses or by adducing any witness in support of the defence case.
4. The learned Munsif by his impugned judgment dated 12-1-85 dismissed the suit without discussing any evidence oral or documentary. It is evident from the impugned judgment that the learned Munsif dismi..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
.....2 never took any loan from the plaintiff and the defendant No.1 never went to the house of the plaintiff and lived with the plaintiff as husband and wife. 6. The learned Munsif on considering the facts and circumstances of the case, evidence on record found that the plaintiff failed to prove the...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ......tiff and the defendant No.1 never went to the house of the plaintiff and lived with the plaintiff as husband and wife. 6. The learned Munsif on considering the facts and circumstances of the case, evidence on record found that the plaintiff failed to prove the marriage and the Kabinnama. He based..Category: Family Law | Date: | Hits: 185
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....eferred dower from the defendant-husband within two months failing which the plaintiff-petitioner for herself and for her child shall be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Report......995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff wife arising out of an application under section 115 of the Code of Civil Procedure calls in question the judgment and decree dated 18-4-95 passed by the Subordinate Judge, Sadar Noakhali, in Family Appeal No.15 of ......ould not be allowed any maintenance as he did not file the suit as a co-plaintiff. 5. Both the Courts of first instance and the appellate Court below came to the finding that the petitioner in her evidence stated that she preferred to stay at the house of her father to the house of her husband as..Category: Family Law | Date: | Hits: 152
Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
.... himself has not taken the loan. Only by inheritance he may have to face the consequences. And that liability has to be settled before the operation of such law. Therefore, we are of the view, in the facts and circumstances of the case, the operation of section 7(2)(g) of the Ordinance does not appl...... Writ Petition No.7399 of 1997. Judgment Qazi Shafiuddin J.- The petitioner Md. Abdul Jalil Munshi filed nomination paper on 4-11-1997 for the post of Chairman of Eogram Union Parishad, PS Goalanda, District Rajbari. The Returning Officer cancelled the nomination paper on 5-11-97 on the pound......defaulter. On an appeal the Thana Nirbahi Officer dismissed the appeal and affirmed the order of the Returning Officer canceling the nomination paper. 2. It appears from the order dated 5-11-97 as evidenced from Annexure-C to the petition that Sonali Bank, Goalanda Branch by their Office memo dat..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....02 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the questions involved we do not feel that a detailed d......R (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....e to be taxed for the commission allowable to him. In this view of the matter the Income Tax Officer assessed the income from commission. 3. The Appellate Assistant Commissioner took notice of the facts that the commission had been waived for a period of five year as a gesture of good will. He to......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commissioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....e petitioner is not also getting the legal aid from the learned Advocates of Mymensingh Bar as the influential informant party/parties are also creating pressure upon them. 7. In view of the above facts and circumstances and for the convenience and safety of the life of the petitioner, the petiti......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ......re also creating pressure upon them and in view of such facts and circumstances and also considering the life of the petitioner being in danger and for fair dispensation of justice by adducing proper evidence filed the Miscellaneous Cases and those cases should be withdrawn from the 2nd Court of Add..Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....k in Criminal Misc. Case No.3260 of 2011 arising out of Kadamtoli P.S. Case No.33 (2)11 under section 302/34 of the Penal Code, pending in the Court of Metropolitan Magistrate, Dhaka. 2. Relevant facts necessary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged...... necessary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged first Information Report with Kadamtoli P.S. alleging inter alia, that the informant lives with her husband, son and daughter. Her husband was involved in social and political activities. On 23.02.2011 th...... will be hampered. In view of the facts and circumstances mentioned herein before, we are of the view that the learned Metropolitan Sessions Judge considering the gravity of offence and assessing the evidence on record, rightly passed the impugned order dated 14.07.2011 canceling the bail of the acc..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....or leave to appeal is directed against the judgment and order dated 02.05.2004 passed by a Division Bench of the High Court Division in Writ Petition No.1591 of 2001 discharging the Rule. 2. Short facts are that the petitioner was appointed as temporary Nikah Registrar for No. 1 Charati Union und...... Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................Respondents Judgment......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....bove Civil Petition No. 1499 of 2007 is directed against the judgment and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and bot...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
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