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Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......d order of attachment is on the face of it illegal and liable to be set aside. In this connection we may also observe that under the provision of rule 5 of Order XXXVIII the Court should consider the question of security as the first alternative. 8. Having regard to the facts and circumstances of......ide. In this connection we may also observe that under the provision of rule 5 of Order XXXVIII the Court should consider the question of security as the first alternative. 8. Having regard to the facts and circumstances of the case, we consider that the appeal should be allowed. 9. In the res..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......heir respective cases and thereafter the learned trial Court shall dispose of the suit on merit in accordance with law. The order of stay granted by this Court earlier is hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records ..Category: Procedural Law | Date: | Hits: 72
....the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
...... without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that sample of the imported goods in question was taken by the Customs authority in violation of the provisions of section 199 of the Cus......duty as the petitioner had already paid part of the duty in cash and submitted Bank Guarantee for the remaining part under the provisional assessment made under section 81 of the Customs Act. So, the facts and circumstances of the aforesaid reported decisions are clearly distinguishable from the fac..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ...... Writ Petition No. 1429 of 1995 Writ Petition No. 891 of 1996 Judgment Md. Awlad Ali J.- These three writ Petitions have been heard together and are disposed of by this judgment as common question of law and similar facts are involved in all the three cases. 2. The Nisi was issued in ......f 1995 Writ Petition No. 891 of 1996 Judgment Md. Awlad Ali J.- These three writ Petitions have been heard together and are disposed of by this judgment as common question of law and similar facts are involved in all the three cases. 2. The Nisi was issued in Writ Petition No.1840 of 199..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ...... of age. In such circumstances we are not inclined to confirm the death sentence awarded to him by the learned Sessions Judge. We are of the view that leniency should be shown to him and in the above facts and circumstances he should be awarded the alternative sentence of imprisonment for life and f..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......n the finding of the trial Court. The trial Court from the evidence drew conclusion of fact which cannot be interfered with in an application under section 25 of the Small Causes Court Act. In the facts and circumstances of the case and in view of the foregoing reasons I do not find any cogent re..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......tion, 1977 to put the opposite party No.1 under suspension pending enquiry. The learned Advocate further submits that the observation given by the appellate Court below that the managing committee in question has not been approved by the Board is misconceived inasmuch as the Regulation does not prov......ication and obtained the instant Rule. 6. Mr. Shamsul Huda, the learned Advocate appearing for the defendant petitioners, submits that the learned appellate Court below on misconception of law and facts erroneously allowed the prayer for temporary injunction as well as mandatory injunction and, a..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......eafter MV Mauro D'Alesio moved on to her discharging berth and hurriedly completed the discharge of her cargo and left the territorial waters of Bangladesh on 10‑12‑96. 19. Under the aforesaid facts and circumstances, the owner of MV. Hawai Splendour filed two applications one in Admiralty Su..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......ging the opposite parties on record as respondents or such other or further order or orders passed as to this Court may seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3......but in the instant case that has not been done. He also cited the case of Muhammad Jamal Vs. Chairman, Industrial Court reported in 16 DLR (SC)) 386 but in course of his submission he states that the facts of that case are distinguishable from the present case. 22. Thus from the above discussion..Category: Procedural Law | Date: | Hits: 70
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......ause as to why pending disposal of GR case No.467 of 1995 now pending in the Court of the learned Magistrate, 1st Class, Court No.4, Barisal the petitioner should not be enlarged on bail. 3. Brief facts relevant for disposal of this Rule are, that on 8‑12‑95 at 11‑15 hours, Md. Mizanur Rahm..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......security the same cannot be brushed aside or rejected. The meaning of the word security that we have found out covers the bond that has been executed and filed on behalf of the Board. 10. Now the question remains whether the Chairman who executed the bond has been authorised by the Board to exec......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
....96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......lication to respondent No. 4, the Administrative Officer, Khalishpur Housing Estate for inquiry and report which was submitted vide memo No. 922/AO dated 4‑2‑81 to the effect that the property in question is not in the list of the abandoned property.
3. Permission to transfer the house was gi......l No.226 page 9764 (32) as evidenced by Annexure ‘F’ to the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned a..
Category: Limitation Law | Date: | Hits: 175
....ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......sconduct as mentioned in section 38. Chief Invigilator did not send any independent report in writing. He merely forwarded the report of the invigilator with his recommendation to take action. In the facts and circumstances of the case it cannot be said that the petitioner was expelled from the exam..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ven before this Court as already pointed out. In these circumstances it is difficult for us to entertain this application under section 561A of the CrPC before surrender to the Court. 14. Now the question is, what should be done about the present application. In the first instance we see that it...... barred in view of section 196 of the Code of Criminal Procedure. There have been other incidentals points raised in this case which will be disposed of in course of the judgement. 3. The relevant facts are that, the opposite party No.2 Moulana Md. Yusuf an inhabitant of Gopalganj filed a petitio..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... the accused is guilty. Where the evidence is of a circumstancial nature, the circumstances from which the conclusion of guilt is to be drawn should be in the first instance fully established and all facts so established should be consistent only with the hypothesis of the guilt of the accused. Agai..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II/47) should not be quashed. 2. The short facts relevant are that, one Mr. Md. Moslehuddin, inspector, Bureau of Anti-Corruption, Dhaka, lodge..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......acing the impugned judgment and other materials on record submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree for partition as complicated question of title was involved in the suit, when no prayer for establishment of tide was made by the......er the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus the Court of appeal below shirked its responsibility in deciding the appeal on merit. In the facts and circumstances stated above Court of appeal below acted illegally in allowing the appeal an..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......lication under section 23 of SCC. Act on 2‑5‑92 praying for return of the plaint to the filing lawyer for presentation to the proper Court of Civil jurisdiction stating therein that a complicated question of title is involved in respect of the suit property. After hearing both the parties, the l.......10 of 1985 rejecting an application under section 23 of the said Act should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The short facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a ..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......t the order of the Upazila Nirbahi Officer a writ petition under Article 102 of the Constitution was moved before this Division but the High Court Division returned the case with a direction that the question of validity of the nomination paper of the opposite party No.2 might be decided by the Trib...... expression “interest” which springs out of the principal amount of loan and, as such, the judgment of the appellate Court holding the Opposite Party No.2 was disqualified was sound in law and on facts. 7. Both the learned Advocates have taken me through the judgment of the Tribunal and the a..Category: Election Law | Date: | Hits: 148
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......likelihood of breach of peace regarding any immovable property. The contention of the learned Counsel is, therefore, accepted in part. But then the fate of the leave petition is not dependent on this question. 7. As for the second branch of the argument, namely, that the Magistrate having raised ......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
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