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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....f Class-IX, was murdered in her bed room in the downstairs. Her father Shameem Latifur Rahman (PW 2) in that very night lodged an first information report which was recorded as Gulshan PS Case No. 73 dated 24-4-1998 under sections 302/34 of the Penal Code. In that first information report a suspicio......sed Humayun (since dead) on dock. He further stated that a dinner party was scheduled in the evening of 23-4-1998. On that day he came back to the house from his office in the evening, but he did not notice whether the security light was off or not. However a guest told him that the house appeared t......on 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Islam al..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....nt Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the defendant-respondents is directed against the judgment and decree dated 24-7-2000 passed by the learned Additional District Judge Jhalakati, in Title Appeal No. 106 o......sreading and no reading of evidence or finding inconsistent with the evidence, in such case interference can be called for. 34. When the appellate Court reversed the finding of fact without taking notice of the documentary evidence, the revisional Court may reassess the evidence and can come to i......ee dated 19-7-1999 passed by the Subordinate Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-19..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... Judgment Md. Awlad Ali J. - This Rule under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no leg......egistrar. Allegations as contained in the impugned order that the petitioner disobeyed the order of stay of the Hon'ble High Court Division or that the petitioner did not give reply to the show cause notice and the action of revocation has been taken as per law are absolutely false and concocted and......l, Alim, Fazil and Kamil examinations in the year of 1982, 1984, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment as the Nikah Registrar for No. 3, Raikot Union Parishad. The petitioner is the perma..Category: Employment/Service Law | Date: | Hits: 81
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....er, one after another, and now dispose of them by this judgment. FA No. 303 of 2000 Third Defendant, the Korea Exchange Bank (KEB), Seoul, Korea, presented the appeal against the decree dated 2‑11‑1999 passed by Subordinate Judge and First Commercial Court at Dhaka in Title Suit No......n 25‑5-1993 for US $ 30,695; on 31‑5‑1993 for US $ 13,200; on 3‑6‑1993 for US $ 26,632; on 10‑6‑1993 for US $ 28,284 and on 17‑6‑1993 for US $ 91,037. On 13‑9-1993 they received a notice of injunction not to effect any payment. 26. Clause J was incorporated in the letter o......and Mastas, [1966) 2 Lloyd's Rep 495; Uttara Bank Vs. Macneil and Kilburn Ltd and others, 33 DLR (AD) 298; Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371: Janata Bank Vs. Ahmedia Garments 40 DLR 72; Comforts Apparel Vs. Imperial Knitting Industries Ltd and others, 52 DLR 350; Chartkar Information Hold..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....d the Rule would become infructuous. Accordingly, we heard the Rule on merit. 2. Rule was issued to show cause as to why the impugned order issued by the respondent No. 3 vide Letter No. 06.39 dated 02-10‑03 cancelling the order of appointment/promotion of the petitioner to the post of Mark......ently thought it fit to appoint him to another post not lower than one he was holding before his officiating appointment he could have no grievance and that such officer is not entitled to show cause notice. We are in respectful agreement with the decision. 12. The learned Advocate app......he Petitioner. M R Hasan, Advocate-For Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for v..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
.... Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.1 -14. Not represented-Respondent Nos. 15-34. Civil Appeal No. 123 of 2007. (From the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of 1997)......said written statement. The learned Counsel further submitted that the Court of Appeal below erroneously held that by the unregistered 'Shoronlipi' no title passed to the defendants, having failed to notice that the defendant No.25 was holding the jote right (tenancy right) only while superior int...... Julfikar Ali and Majar Ali took jote settlement by executing a registered Kabuliyat dated 15 Sravan, 1283 B.S. concerning an area of 1 hal, 2 kedars and 2 jasti at a rental of TK.4.50 per year and for arrear rents the landlord filed rent suit No. 132 of 1935 and got decree and while said Majar Al..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....cate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No. 189 of 2006.) Judgment ......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......dvocate-on-Record- For the Petitioner. Mahbuhey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the H..Category: Property Law | Date: | Hits: 65
....port as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 issued and circulated by the Credit Information Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......
Md. Muzammel Hossain J. - This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why inclusion of the petitioner Nos. 1 and 2 in the Credit Information Report as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 is..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....dents. Writ Petition No. 437 of 2001. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the order dated 6-12-2000 passed by the Metropolitan Magistrate, Chittagong in Patenga PS Case No. 10 dated 24......n 30 days of arrest he cannot get any relief as prayed for and, as such, instant Rule is liable to be discharged. It is also stated that 3 fishing vessels were apprehended on 22-9-2000 and the tender notice was served on 31-10-2000 which was above one month and within this period nobody claimed owne......aval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 crews of three vessels and then came to Patenga Police Station with the sa..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....tively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgment and order of conviction and sentence dated 6-5-2002 passed by the learned Divisional Special Judge, Chittagong in Special Case No. 151 of......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......2002 have been preferred by the convict-appellants namely, Abul Khair alias Md. Abul Khair, SM Rafique, Md. Sharifullah and Abdul Awal respectively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgm..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....he brother of the petitioner as per Rule 9 of the Sylhet Forest Transit Rules 1951 which was subsequently transferred in the name of the present petitioner in the year 1991 being Licence No. 6150/179 dated 1-12-1991 (Annexure A). Having obtained the licence the petitioner completed all formalities a......tioners were granted permits/licences under Rule 9 of the Sylhet Forest Transit Rules, 1951 for special local limits of the newly created Districts of Habiganj and Moulvibazar. 14. We have already noticed that Forest Act 1927 has been amended by Forest (Amendment) Act 1990 (Act No. VIII of 1990) ......Rules are heard together and are being disposed of by this single judgment. 3. In Writ Petition No. 1605 of 2000 the petitioner being a citizen of Bangladesh has been engaged in running a Saw Mill for about 11 years with due permission and licence from the concerned authority. He has been doing t..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....er and now disposed of by this single judgment. In Writ Petition No. 4083 of 2002, the Rule Nisi was issued upon the respondents to show cause as to why Memos being file No. 11 (302) Anu; 1/2000/2563 dated 21-12- 2000 (Annexure-A) (wrongly stated in the prayer as well as in Rule issuing order as fil......he matter and kept the matter unattended. It appears from the review order that it simply discussed on using of 45 or 8 allegedly old machines and nothing else. From the note sheet it has come to our notice that the explanations were sought for and the petitioner by letter on several occasions expla......ah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonuddin Mahmud, Advocate—For the Petitioners. Kazi Waliul Islam, Assistant Attorney-Gene..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... 112 of 1991. Judgment Md. Abdur Rashid J. - Defendant No. 1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 18-2-1990 passed by District Judge at Pirojpur in Title Appeal No. 8 of 1989 affirming those d...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......der and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Oppos..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the e...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad,..Category: Election Law | Date: | Hits: 87
....arrying out any further construction of the impugned project.
6. Respondent No.1 filed an affidavit-in opposition denying the allegations of the petitioners and stating that there are Master Plans dated 12 March 1962, 3 May 1963, 21 December 1963, 10 May 1964, August 1964 and February 1965 wherei......of assimilation of the existing laws.
16. Mr. Islam submitted that in the event that the 1899 Act is taken to be still in force, even then there is a positive requirement that the government serve notice of any intended construction upon the Municipal Authority. Thus, the construction is strictly......nd 3.
Writ Petition No. 3548 of 2003.
Judgment
Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the Speaker and Deputy Speaker within the National Assembly Area in violation of the original pl..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....espondent-State. Criminal Appeal No. 1918 of 1994. Judgment SM Ziaul Karim J. - By this appeal convict appellant Wally Ahmed alias Babi has challenged the propriety of the judgment and order dated 19-9-1994 passed by the learned Additional Sessions Judge, 3rd Court, Dhaka in Session Case No......the drawing room of the ground floor and after hearing sound of firing she looked back and found the accused Babi running upward and slain Afzal was sitting in a chair in front of them. She could not notice whether slain Afzal received any bullet injury. In cross-examination she stated that she did ...... Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....tion a Rule Nisi was issued calling upon the respondents is show cause as to why the impugned order under letter পউএ/ প্রকৌঃ/ খামার/ ২০০৪/ ২৪(১) ১৫৮৭ dated 1-9-2004 issued under the signatures of the Project Director, Expansion and Modernisation of D......ural Development Academy, Bogra. The petitioner and other bidders submitted tender accompanied by earnest money amounting to Taka 2.50 lac as Bank Draft according to the condition given in the tender notice. After acceptance of the petitioner's quoted rate by the tender committee, the concerned auth......Project Director, Expansion and Modernisation of Demonstration Farm Project, Rural Development Academy, Bogra (respondent No. 4) canceling the work order dated 12-6-2004 issued to the petitioners and forfeiting the earnest money and bank guarantee contained in Annexure G in respect of supply and ins..Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....ntiffs filed Title Suit No. 198 of 1997 for ejectment of a tenant from the suit premises in the Court of the learned Joint District Judge, 5th Court Dhaka which was decreed by the judgment and decree dated 11-5-2003 with the finding that the defendant is a tenant under the plaintiff. 4. Being agg......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......n J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revisional application should not be condoned. 2. Heard the learned Advocate for the petitioners and the learned Advocate for the opposite party. Perused the application for con..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 of 2004 pre...... impugned judgment of the learned Sessions Judge, Sylhet. 11. Referring those papers, he further submits that the petitioner was tried in absentia without having prior knowledge of the case and no notice or summons was served upon him or no warrant of arrest was executed against him. Neither any ......, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 15(fi..Category: Criminal Law | Date: | Hits: 65
....and 7-2-2002 requesting them to remove the 'unauthorized electric poll failing which appropriate action would be taken. Thereafter, on 13-2-2002 the respondent No. 1 gave a reply to the legal notices dated 15-1-2002 and 7-2-2002 shifting the burden illegally upon the petitioner by asking him to pay ......le and the respondents in this way or that way delayed the matter though they assured the petitioner on different occasions to remove the pole immediately. The petitioner was compelled to serve legal notices upon the respondents on 15-1-2002 and 7-2-2002 requesting them to remove the 'unauthorized e......d not he directed to remove the unauthorized pole of electric overhead line from the petitioner's land situated at Police Station Savar. Dhaka Collectorate, Touji No. 1131, Union/ToujiU2, JL No. 566 (former), 81 (present) Mouza and Parganah- Palashbari Kashimpur SA Khatian No. 19(Former), 16(Present..
Category: Others | Date: | Hits: 146
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