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New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
.... Division could be brought. The remedy in a proper case is one for damages for wrongful dismissal. The decision of Bangladesh Small Industries Corporation Vs. Mahbub Hossain has no application to the facts of this case. The High Court erred in holding that the writ was maintainable. For reasons s...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....nesses made before the committing Court subject to the provisions of section 145 of the EviÂdence Act. It is contended that the provision of section 145 of the Evidence Act cannot be excluded in the facts of the case. ReliÂance was placed on the decision in the case of Alim Vs. State (1977) 29 DLR......9 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgme......the deceÂased, P.W.5. son of the deceased stated in their examination-in chief that they recogniÂsed all the accused in the light of kupi lamp but in cross-examination P.W. 1 and 2 sofÂtened their evidence by saying that they could not recognise the accused as their faces and heads were covered w..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......4. ......er section 3(1) of the State Acquisition and Tenancy Act. But since this question was not raised during the trial, or even before the lower appellate court, the plaintiff got no opportunity to adduce evidence whether the transfer was made with the required permisÂsion. The High Court Division there..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is disÂmissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......th her) instrucÂted by Md. Aftab Hossain, Advocate-on-RecoÂrd - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979.......r consent, thereby committed an offence under the law. This case was registered as G.R. Case No. 11233 of 1975. Cognizance was taken by a Magistrate and the learned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......ul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Commissioner of Taxes, Chittagong Zone ……………… Appellant (In Civil Appeal No. 114 of 1981) Vs. M/S. M. Ismail and Sons……………………………… Respondent and M/S. M. Ismail and Sons………â€......f its income was under-assessed or escaped assessment. Thereupon notices under section 23(2) and 22(4) of the Income Tax Act were issued upon it, for the production of Books of Accounts and necessary evidence. The assessee, against whom the allegation was that it was imported cotton yarn of a total ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
.... was sought to be revised under section 439. Although the question of maintainabiÂlity of the application under section 439 beÂfore the High Court Division is decided in the affirmative, but in the facts and circumstanÂces of this case I do not think that any useful purpose will be served by remi...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam ChowÂdhury and others…â€......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....w to the effect that a tenancy of any agricultural land could not be founded on the basis of a Kabuliyat or payment of rent accepted on behalf of the landlord, but exÂpressed a doubt, whether in the facts of the case, the settlement granted in respect of Schedule A lands by the Khas Mahal Office wa......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......ment was granted. The learned Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would not be attracted to the instant case. The appellants having put into evidence cerÂtain deeds of sale executed by the appellants in favour of certain strangers respectin..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....after coming into force of Part V of the Act. 50. Now, the provisions of sections 86 and 87 as have been enacted by President's Order Nos. 72, 135 and 137 of 1972 are clearly inapÂplicable to the facts of the suit out of which this appeal arises, inasmuch as there is no asÂsertion in the plaint......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......at the learned Subordinate Judge as well as the learned Judges of the High Court Division were not correct in going in to the question as to the truth of the allegations made in the plaint before any evidence had been adduced in deciding the question of abatement of the suit as a preliminary issue. ..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......owed. Cases Referred To- 17 DLR (1965) 444; Niaz Ahmed Vs. Azizuddin, (1967) 19 DLR (SC) 388=PLD 1967 (SC) 466. Lawyers Involved: Ahmed Sobhan, Senior Advocate, with Nurul Islam Chowdhury and M. Fazlul Karim, Advocates, instructed by Aminul Huq, Advocate-on-Record - For the Appellant. ......e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
.... order dated 27.07.2006 passed by the learned Senior Assistant Judge, Bogra in Other Suit No.300 of 2000 allowing an application under Order VI Rule 17 of the Code of Civil Procedure. 2. The facts, leading to the filing of this petition, in brief, are that the petitioners and others institu......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others...........................wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....eding under section 561A of the CrPC. In the case of Abdul Quader Chowdhury Vs. State reported in 28 DLR (AD) 33 it has been held: "Interference even at initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and ......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. ......n the first information report or complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged, in such cases no question of appreciating evidence arises, it is a matter of merely looking at the complaint or first information report to de..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....he accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case were stayed. 3. The facts relevant for the purpose of disposal of the Rule are that Mr. Mozammel Haque, Sub-Inspector of......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....eed in the eye of law has got no value and liable to be cancelled under section 39 of the Specific Relief Act. The learned Counsel finally submits that the lower appellate Court after considering the facts and circumstances of the case and also discussing the evidence came to a right and justified f......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul......, Parshuram, Feni and heard analogously and disposed of by a single Judgment dated 20-10-2004. 9. During the course of trial the learned Senior Assistant Judge, Parshuram, Feni after examining the evidence on record and perusing the documents and exhibits produced by both the parties in support o..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....h the sweeper and night guard misappropriated 122 bags of rice and the accused persons have been falsely implicated to save themselves. 9. On consideration of the evidence on record as well as the facts and circumstances of the case, the learned Assistant Sessions Judge, Naogaon found the accused......Reported in: 62 DLR (HCD) (2010) 309. ......amination of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 8. The defence case, as it transpires from the trend of cross-examinati..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....al and Ekram might have stolen the IRRI paddy for which the mob assaulted them for which deceased Nazrul Islam might have died. 11. Thereafter, in considering the evidence on record as well as the facts and circumstances of the case, the learned Additional Sessions Judge, Pabna found the accused ...... This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......r closure of the prosecution witnesses, the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence and the defence did not adduce any evidence on their behalf. 9. The defence case as could be gathered from the trend of cross-examin..Category: Criminal Law | Date: | Hits: 66
....y a direction should not be given upon the respondents to arrange sufficient rescue equipments necessary in order to save the life of the citizens in case of disaster caused by earthquake.
2. The facts leading to the issuance of the Rule, in brief, are:
Petitioner No.1, Human Rights and Peac......s also Reported in: 63 DLR (HD) (2011) 71.
......ed resource so that it can take proper steps, if any higher scale of earthquake hit the country.
8. This respondent also furnished a list of resÂcue equipments at the disposal of Fire Service as evidence by Annexures-1 and 2 to the affidavit-in-opposition.
9. Mr. Manzil Murshid, learned Adv..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......se is also Reported in: 63 DLR (HD) (2011) 66.......rcibly dispossessÂing the defendants and thereafter, dismissed the suit. 8. Mr. Jamiruddin Sirker, learned Advocate appearing for the plaintiff-appellants, submits that, learned Judge misread the evidence and thereafter wrongly held that plaintiffs is to prove that Kazi Golam Hussain, the predec..Category: Property Law | Date: | Hits: 78
....nd decree dated 14‑5Â-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Wel......rted in: 56 DLR (2004) 641.
......he Welfare Trust contested the suit and the suit having been decreed the petitioners are liable to pay the decretal dues. His farther contention is that the claim of the bank was proved by sufficient evidence including the documentary evidence, the deed of transfer by which the property was transfer..
Category: Property Law | Date: | Hits: 173
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Muzammel Hossain J AKM Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharge...... find this application is not maintainable as there is a provision for appeal against the impugned order available under section 35 of the Waqf Ordinance. Furthermore, without detailed examination of evidence it cannot be said whether the property in question is a Waqf property or not and such detai..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....ge-sheet, statements of witnesses under section 161 of CrPC, we are of opinion that there is no sufficient ground for proceeding against the accused in this case. The Tribunal without considering the facts and circumstances and materials on record and applying its judicial mind to the provision of s......secution case, in short, is that, on 17‑1‑2003 at 19.30 hours one Shah Alam Molla as informant lodged the first information report with Muladi PS against 9 accused persons including the appellant and 3/4 unknown terrorists, alleging, inter alia, that GR Case No. 24, 25 and 02 filed by him previo......n in respect of an offence after a report under sub‑section(1) has been forwarded to the Magistrate, and, whereupon such investigation, the officer-inÂ-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regar..Category: Criminal Law | Date: | Hits: 64
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