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Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....inal assessment. (4) No fee shall be payable for an appeal under this section." 4. It could not be contended by the learned Advocate that the constitution of the review committee is without any lawful authority or it acted in directing to impose customs duty on the basis of tariff value withou......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......the Petitioner. Not represented-the Respondents. Writ Petition No. 1456 of 1998. Judgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act,..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....ar to contest the Rule. So, it is difficult to ascertain the truth or otherwise of the allegations made against the complainant regarding misuse of his official position. However, let us consider the law point raised by the learned Advocate for the Petitioners. It appears from paragraph 7 of petitio......s Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
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...... both the sides we hold that the petitioner failed to make out any case for interference 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...Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....g Advocate for refiling the same with correct valuation of the suit. 3. Mr. AS Md. Ramzan Khan the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge erred in law in returning the plaint to the plaintiff‑petitioners without recording any finding to the effe......r his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......Involved: AS Md. Ramzan Khan, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....to prove his right, title and possession in the suit land but without reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge......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: ......d Counsel lastly submits that after considering materials on record the Court of appeal below rightly reversed the Judgment of the trial Court which calls for no interference by this Court. 14. In order to appreciate the submissions advanced by the learned Counsels, I have gone through the revisi..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....his Matriculation Certificate of the year 1961, and the learned trial Court having considered all these papers and documents having decreed the suit, the learned appellate Court committed an error in law in allowing the appeal without considering at all this aspect of the case. No one appears to opp...... 426. ......o.3 of 2004, reversing those of dated 17-1-2004 passed by the learned Senior 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 a..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....owledge. So he is under obligation to explain know the deceased died. The explanation given by him that the deceased committed suicide by hanging has been proved false. Under the settled principle of law he explanation of death of the deceased given by the accused being proved false and there is no ...... 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)...... by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under section 302 of the Penal Code by the Judgment and order dated 17-1-2005 passed in Druta Bichar Tribrural Case No.26 of 2004 and the criminal appeal an..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....der of the appellate Court, paid the impounded stamp duty of the Bainapatra. Contrary to such argument the plaintiff appellant-opposite-party contends that a series of decisions of this Court and the law itself provides that once a document is admitted into evidence, rightly or wrongly, the same can......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......0- 2000 (decree signed on 5-11-2000) passed by the learned Assistant Judge, Sadarpur, Faridpur in Title Suit No.32 of 1998 dismissing the suit shall not be set asides and or pass any other or further order or orders as to this Court may seem fit and proper. 2. The plaintiff Ibrahim Molla institu..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
....ouncil did not follow that clear text of Quran as quoted above first by us, "Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence", as against the law in the subject stated in Hedaya and by Baillie and quoted above by us on the reasoning that thei...... 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......nd God is Exalted in Power, Wise." "For divorced women maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous." "Thus doth God make clear His Signs to you: in order that ye may understand." Quran, Second Sura Baqara, verses 240‑242. (These and the other ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....nt 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 Court below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accordingly, this revisional application ...... Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......ily explained and therefore the same is condoned. Register the petition as a revisional application. 2. This revisional application under sections 439/435 CrPC is directed against the judgment and order of affirmance passed by Mr. Mustafa Inamul Hafiz, Additional Sessions Judge, Jessore in Crimin..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
..... 4 Mr. Moudud Ahmed has stated in the affidavit-in-opposition to the supplementary affidavit filed by the petitioner that if the respondent No. 4 has ceased to be a member of the Parliament then the law will operate on its own motion and the Speaker and the Parliament Secretariat are the authoritie......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......is writ petition challenging and unabated abstention of respondent Nos. 3‑5 and sought relief by way of declaration and mandamus so that the abstaining members may be sent back to the Parliament in order to enable them to discharge their constitutional function and obligation within the framework ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....-11-96 constituting Selection Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a professor of ......ce-Chancellor & others……………………Respondents Judgment June 17, 1998. Result: The Rule is discharged. Case Referred To- Controller of Examination University of Dhaka and others Vs. Mahiuddin and others, 44 DLR 305 (AD). Lawyers Involved: Md. Azizul Huq, Advoca...... various Departments although there are thousands of teachers available for inclusion in Selection Board. As the Syndicate is the approving authority it included its members in the Selection Board in order to have recommendation of teachers belonging to the ruling political party. The petitioner sta..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....ed in the year 1989 and charge sheet was submitted on 17‑3‑91, argued that the delay in lodging the FIR has made the Prosecution case shaky and doubtful and furthermore the mandatory provision of law as contemplated under section 5A of the Criminal Law Amendment Act, 1958 has been violated as th......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......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 Special ..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....8. Mr. M Shamsul Alam, the learned Advocate appearing for the plaintiff‑petitioner, strenuously argues that since the Additional Deputy Commissioner, (Revenue), Barisal neither appeared through any lawyer by filing vokalatnama nor contested the suit by filing any written statement, he was not comp......44....... the Assistant Judge, Uzirpur, Barisal decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mention..Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....record of any case which has been decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in error in the decision occasioning failure of justice, the High Court Division may m...... 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. ......nted- the Opposite party. Civil Order No. 4167 of 1997. Judgment Mahmudul Amin Chowdhury J.- This application under section 115(1) of the Code of Civil Procedure has been preferred against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....4040, 7081, 7963 and 8880 of 2007). Judgment ABM Khairul Haque CJ. - These appeals are all heard together and disposed of by a single judgment since those involved similar questions of fact and law. 2. These appeals involve the question as to whether the work-charged temporary employees o......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......sented—Respondent Nos.2-49 (In Civil Appeal No. 46 of 2010). None represented—Respondent Nos.2-56 (In Civil Appeal No. 47 of 2010). Civil Appeal No. 44-47 of 2010. (From the judgment and order dated 30-7-2008 passed by the High Court Division in writ Petition No.4040, 7081, 7963 and 888..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....fendants; hence this petition for Leave to Appeal to this Division. 9. Mr. Qumrul Islam Siddique, learned Counsel, appearing for the petitioner, has submitted that the High Court Division erred in law in passing the impugned judgment and decree inasmuch as it, being the last Court of fact, did no......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......laim of the plaintiff that he gave loan of taka 3,33,805.58 to Ailchara Union Parishad towards the development of the cattle market which was supposed to be realised from the toll of the market, in order to substantiate plaintiff's claim, on the said count, he has relied upon 3(three) Exhibits, na..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....e trial Court dismissed the suit on the point of limitation and as the lower appellate Court found that the Munsif committed some error in deciding the question of limitation it committed an error of law in dismissing the appeal on merit without sending the case on remand to the trial Court. Secondl......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......itation 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 procedure is all the more necessary in order to avoid multiplicity of proceeding and prolongation of litigation. The lower appellate Court ..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
.... in that while reversing the finding of the trial Court as to whether Md. Wali had two wives or one wife it did not at all advert to the reasoning of the trial Court and as such committed an error of law. He further submitted that Exts. e and e(1) being deposition of the witnesses in a suit is publi.......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...... Sirajul Huq and as such Ataul Huq will inherit Sirajul Huq to the exclusion of defendant 1's vendor Md. Rafique who is Sirajul Huq's maternal aunt's son's son i.e. one degree lower than Ataul Huq in order of inheritance." 6. Now let us consider the contention of the learned Advocate that whether..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
.... Ali in his evidence stated that hearing hue and cry went to place of occurrence and tried to enter into the room but failed as the door was closed. Later one Belal on the permission of the mother-in-law of the landlady going to roof top and opening the tin entered the room and opened the door. Then......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......r confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convicting him under section 302 of the Penal Code in Sessions Trial Case No. 1 of 2001 by the judgment and order dated 27-6-2005. 2. Against the said judgment and order convict prisoner preferred Criminal..Category: Criminal Law | Date: | Hits: 118
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