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Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......of arms as given in section 4 of the Arms Act is not exhaustive and no hard and fast rule can be laid down whether clasp knife would fall within the meaning of the word arms and determination of this question would depend on the circumstances of the case and not only the shape of the weapon or the s......9(f) of the Arms Act against the accused appellant. 4. The accused appellant filed an application for his discharge from the case but the learned Tribunal rejected the same without considering the facts and circumstances of the case and framed charge under section 19(f) of the Arms Act against hi..Category: Criminal Law | Date: | Hits: 78
....are not precedents. The judgment is not binding (except directly on the parties themselves), nor are the Findings of facts. This means that even where the direct facts of an earlier case appear to be identical to those of the case before the Court, the Judge is not bound to draw the same inference a......rned Assistant Attorney-General at length and considered their submissions. We have gone through the impugned orders, relevant VAT Act and Rules and affidavit in opposition carefully.
12. The moot question that falls for consideraÂtion by this Division in this writ petition is whether issuance o......pertinent portion from the decision of Dalbir Singh Vs. State of Punjab reported in AIR 1979 (SC) 1384 wherein His Lordship Sen J observed:
"A decision on a question of sentence depending upon the facts and circumstances of a particular case can never be regarded as a binding precedent, much less..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... along with the suit. 14. It is now well settled by good authorities that if a proceeding is though premature on the date of filing but with the continuance of the proceeding becomes matured, such question of immaturity loses all defects and becomes cured; Lebu Mia Vs. Gonesh Chandra Nath and oth......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......ying off the debts incurred in payment of rent of the estate and legal costs in litigation, and also for maintenance of the widow. The purposes as stated cannot be said to be not legal necessity. The question arose, when there is no legal proof of existence of such legal necessity save and except th......enath and others, (1922) 59 CLJ 167. 16. We have perused the record of the case and heard the learned Advocates at length. In order to appreciate the conflicting arguments, we should first see the facts, which are now concluded by the decision of the Court of appeal below and then, to find whethe..Category: Property Law | Date: | Hits: 64
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......herefore, for requiring a deposit is to furnish some kind of security for payment that a party may become liable to pay after the decision in the appeal.
31. Now, let us turn to the most debatable question. Mr. Islam submits that deposit of the penalty is required to be made only when it was levi......sued against the orders of the respondent, the Appellate Tribunal, Customs, Excise and VAT rejecting the appeals of the petitioners presented under section 196A(1)(a) of the Customs Act.
2. As the facts giving rise to issue of the Rules are similar and the issue raised is the same, the Rules were..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......ery victim Mazeda Khatun told them that accused Razzaque had committed rape on her against her will. There is no reason to disbelieve the natural evidence of these competent witnesses. 16. Now the question that calls for our consideration is, whether in the face of the evidence of the Medical Boa......ing accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Ma..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......The law of Master and Servant does not apply in his case. The plaintiff can maintain a writ petition as also a suit against his wrongful dismissal, if not otherwise barred by any law." 11. Now the question is, whether the suit as framed is maintainable. In the present case, the plaintiff prayed f......ng been held and no 2nd show cause notice having been served, the discharge order is illegal. He further submitted that the decision reported in 7 BLC (AD) 1 is not applicable in the present case the facts and circumstances being different. He further submitted that the trial Court on consideration ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......dvocate ‑ For Respondent No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First Labour Court, Chitt...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......ction 409/109 of the Penal Code; (3) that, neither any case of entrustment nor any case of abetment has been stated in the charge sheet against this petitioner; (4) that, the buyer of the property in question was Accom-Engineering Ltd., not this petitioner; (5) that the sale of shares of the said co......iscloses offence against the petitioner under section 409/109 of the Penal Code. He next submits that the accused petitioner has been charge sheeted by the A.C.C and the case is virtually a bundle of facts which are to be proved before the trial Court by adducing evidence. Accordingly, the learned a..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......th defendant Nos.1 and 2 prepared some forged documents in his name by way of false personation; that the defendant No.3 is not acquainted with the defendant Nos.1 and 2 in any manner and as such the question of being a guarantor for them by using his original title deed of 'B' schedule property doe......gment and decree dated 23.11.1999 (decree signed on 4.01.2000) passed by the Subordinate Judge, Additional Commercial Court No.1, Dhaka in Title Suit No.145 of 1999 decreeing the suit. 2. Relevant facts of the case, in short, are that the respondent No.1, Sonali Bank as plaintiff filed a suit bei..Category: Procedural Law | Date: | Hits: 107
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......uch a scenario, this Application without even adding the Borrower as a necessary party is not only incomplete but also premature. 9. It is noted that the stance so adopted by the Opposite Party in questioning the maintainability of this Application is inherently flawed. This is due to the Opposit...... that it would now be prudent for the appointment of an independent person as an arbitrator to fill up the lacuna created by the inactions of the Opposite Party proceeding upon serious misjudgment of facts and law to positively respond to and act under the agreed upon mechanism of dispute resolution..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....of a contractual employÂee and that of a permanent Biman employee, it appears that though both the employees have been appointed in the same Pay Group and primarily on contractual basis under almost identical terms and conditions and are being paid in the same Pay Scale, the terms and conditions of...... 23. Mr. Abdur Razzaq further submits that the petitioners have failed to show that not a single BFCC contractual employee was absorbed in the service of Biman at any point of time and, as such, the question of invocation of the principle of legitiÂmate expectation does not arise at all. ......n BFCC. Given this scenario, a pertinent question arises: Whether the petitioners being contractual employees have acquired the status or right to be treated as permaÂnent employees of Biman? In the facts and circumÂstances of the case, this moot question must be answered either in the affirmative..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......rruption Commission Rule 15(7) was not comÂplied with as the Form 3 is a part of the said rule, which has not been properly used in according sancÂtion for submitting charge sheet. 20. The above question of law i.e. lodging of FIR and submission of charge sheet by self same officer has been set......eported in 6 DLR (WP) 143, 12 DLR 279, 45 DLR 352, 13 DLR 82, 13 DLR 397, 9 BLC (AD) 162, 52 DLR 335, 53 DLR 125, 51 DLR 125, 51 DLR 25, 5 BCR 184 and 59 DLR 407 and submits that in view of the above facts and circumÂstances and the decisions of the Apex Court of this sub-continent mainly our Apex ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......v J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whether the appointment of the appellant as the Mutwalli of Waqf estat......on the assumption that the order of the Administrator dated March 31, 1975, appointing Altaf Miah as successor of the deceased Mutwalli Moyna Miah was under section 43 of the Waqfs Ordinance. But the facts and circumstances of the case do not warrant such assumption. 5. Section 43 empowers the Ad..Category: Trust/Waqf Law | Date: | Hits: 188
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......low had every jurisdiction to entertain the present suit and this Court has every jurisdiction to issue Rule and the order of injunction.
6. Both the learned Advocates addressed this Court on the question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant pr......y an order of injunction from taking charge or acting as the Collective Bargaining Agent of opposite party No.4, as prayed for.
The Rule is made returnable within 4 (four) weeks from date."
The facts necessary for disposal of this application are:
The opposite party No.1 herein is a trade u..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......, Advocate - For opposite party. Amirul Kabir Chowdhury, Deputy Attorney General - As Amicus Curiae. Criminal Revision Case No. 36 of 1987. Judgment Md. Abdul Jalil J.- This Rule calls in question the order dated 30.4.87 passed by the Chairman, Labour court, Chittagong in C.R. Case No. 3...... the High Court within the meaning of section 435 of the Code of Criminal Procedure as such this Rule is liable to be discharged. He also submitted that the learned Labour Court after considering the facts and circumstances of the case and the materials on record gave the decision in accordance with..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....e, if any, for vindication of his right, if so adÂvised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......miscreants along with other election materials and that the original result sheet of the centre was subsequently replaced by a false and fabricated result sheet are without any basis. These being all question of facts cannot be decided without entering into eviÂdence in a proceeding under Article 1......some unknown miscreants and as such he could not submit those election mateÂrials to the Returning Officer. The Presiding Officer also lodged F.I.R. with Pabna Sadar Police Station stating the above facts. Accordingly, a report was also submitted by the Returning Officer to the DisÂtrict Election ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......m not to buy or sell the medicine. He denied that Sanaullah had been their medical representative and denied the suggestion that Sanaullah being their man they filed no case against him. On a further question he stated that three of their officers have left the company but denied the suggestion that......he apÂpellants were made a scape goat by the manufacturers, who initiated the search in the instant case only to protect their own skin and their repreÂsentative and that would be apparent from the facts that inspite of the arrest of the said representative namely, Mr. Sanaullah by the Police, fro..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......the Code of Civil Procedure will show that it is primarily for the Court to decide the necessity of a local investigaÂtion and the Court having refused that prayer on conÂsideration of the material facts, this Court will not interfere in its revisional jurisdiction with the imÂpugned order. 7...Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ...... Petition No.1576 of 1994. Judgment AK Badrul Huq J.- The two petitioners of Writ Petition Nos. 998 of 1994 and 1576 of 1994 by two applications under Article 102 of the Constitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail......ared to have been undertaken without lawful authority and of no legal effect and or such other order or further orders passed as to this Court may seem fit and proper. 2. In the two Rules, similar facts and common questions of law having been involved, those were heard analogously and are being d..Category: Environmental Law | Date: | Hits: 1051
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