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Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....s instituted Title Suit No. 276 of 2003 in the Second Court of Senior Assistant Judge at Dhaka against the petitioners and others for several declarations including one that the plaintiffs were still sole distributor and sole importer of Birla Tyres for whole of Bangladesh and also for perpetual inj...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......r could they resist the principal from terminating the distributorship. Now, they cannot compel their principal to undo the termination and compel to do what it is not legally bound to do. 20. The trial Court found the termination of the agency was not valid. Very good. The appellate Court affirm......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....rious plots as was described in the Schedule 'Kha' to the plaint but the Advocate Commissioner gave the share out of the entire land of those 5 plots, which the District Judge correctly found as unreasonable and accordingly, set aside, which occasioned no failure of justice. 9. In support of his ......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ...... and fruit bearing trees in possession of the plaintiffs. 12. In the objection, exception was taken by the defendants that the plaintiffs failed to prove exclusive possession in those plots at the trial of the suit. The learned Commissioner yet allotted those plots to the plaintiffs. The homestea.........................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and another, AIR 1922 Madras 219; R..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....(FIR) on 16-2-85 in Mirpur Police Station implicating the petitioner and two others in the offences under sections 302 and 324 of the Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant ......pur Police Station implicating the petitioner and two others in the offences under sections 302 and 324 of the Penal Code alleging, inter alia, that at about 9-00 PM on 15-2-85 some unknown young men called his son, Ariful Haque alias Ripon, away from his house. The informant was not at home at the ......e CMLA, submits that the impugned judgment and order of conviction and sentence are liable to be struck down as without jurisdiction on the ground that this is a case of no evidence and also that the trial should be taken to have been vitiated as it was held without taking any cognisance as required...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....tely renumbered as Other Suit No. 151 of 1992. Defendant No. 3 appeared and filed a written statement admitting the contract dated 27-2-81, receipt of money thereupon and delivery of possession. He also said that due to the pressure of his mother and other relations he had to yield to them. When def......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......resent at the time so they could not resist. In the second week of December they came to know about the entry of the plaintiff. 37. Upon the aforesaid evidence, oral and documentary, on record the trial Court decreed the suit as prayed for. 38. On behalf of the appellant the decree was challen......ivil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- ..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....against the accused petitioners without having any materials on record and that such type of allegations do not actually constitute any offence. It is submitted that the complainant is a notorious person in the locality. Once he was arrested in connection with a sensational murder case of BUET stude......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ...... is under the direct control and influence of the District Magistrate as well as other local political persons of the ruling party. So the accused petitioners have apprehended that fair and impartial trial is not possible to be held at Magura and they may be subjected to harassment there. As such, t......rt Division (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J AKM Asaduzzaman J Mahfuz Anam & others………………………Accused-Petitioners Vs. State and another ……………………………..Opposite Parties Judgment June 25, 2005. Law..Category: Criminal Law | Date: | Hits: 100
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a conflicting decision in 54 DLR 602 on the point, whether persons employed against a temporary post/position can be held to have been permanently employed becaus......nual leave, daily allowances, etc and they were paid their wages by the petitioners' bank and the petitioners' bank regulated and controlled their services. 11. The only key point we are, in fact, called upon to address and determine in all these cases is, whether in the given facts and circumsta...... and Complaint Case No. 37 of 1998 and these two cases are respectively covered by Writ Petition Nos. 2605 and 1390 of 2002. Other 7 (seven) cases were filed as IRO cases under section 34 of the Industrial Relations Ordinance, 1969. All the aforesaid 9 cases were filed within time prescribed by law ......orted in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
.... rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD) 1. Lawyers Involved: Md. Abdul Haque, State Defence Lawyer—For the Condemned Prisoner. Golam Mohammad Chowdhury, Deputy Attorney-General with Giasuddin Mitu, Assistant Attorney-......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......…………..Petitioner Vs. Mukul @ Swapan……………………………………………………..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 500, in default of payment of which to suffer rigorous im......ed the suggestion that for 4/5 days before the occurrence the appellant was not seen in the locality. 12. PW 4 Noor Mahammad Kha, a neighbour of the appellant, deposed that accused Abul Hashem Kha called him to come to their house at once. At this he went there and found the dead body of the dece......hem. 3. Police after investigation of the case submitted charge-sheet against the three first information report named accused persons including the appellant, who was absconding. They were put to trial in the Court of Additional Sessions Judge, Pirojpur, wherein the charges under sections 302 an......lant Vs. State ………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal Hossain Pramanik, 43 DLR (AD) 65, State vs. Khadem M..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 (Annexure-A) so far as it omits/deletes the co-exclusivity clause 23 of the Licence Agreement dated 12-7-2001 bet......the BT Act which runs as follows: "(6) The legality or propriety of an order issued, or any amendment with regard to a condition or content of the said document made, under this section cannot be called in question in any court." Where Civil Court cannot sit upon an order of BTRC under secti...... of the Foreign Private Investment (Promotion and Protection) Act, 1981 runs as follows: "5. Terms of sanction, etc.- The terms of sanction, permission or licence granted by government to an industrial undertaking having foreign private investment shall not be unilaterally changed so as to adver...... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case..Category: Information Technology Law | Date: | Hits: 321
....ent:
Syed Amirul Islam J
Mirza Hussain Haider J
Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
......rical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 150/Ain/2001/3f5/Mushak, dated 7-6-2001 (hereinafter called "the notification") read with first part of Third Schedule of the VAT Act, 1991. The responde...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......ussain Haider J
Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
....y, the father of the petitioner preferred cross appeal, Title Appeal No.76 of 1973, as the trial Court failed to pass a decree for recovery of khas possession regarding the second schedule land and also for not making the commission Report, Map, etc part of the decree. Title Appeal No.100 of 1973 fi...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......Lacca Tura Tea Estate, preferred Title Appeal No.100 of 1973 in the Court of District Judge, Sylhet. Similarly, the father of the petitioner preferred cross appeal, Title Appeal No.76 of 1973, as the trial Court failed to pass a decree for recovery of khas possession regarding the second schedule la......
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Abdul Moin ……………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents.
Judgment
March 28, ..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....T holding that incentive bonus was an expenditure incurred by the assessee wholly and exclusively for the purpose of the assessee’s business and it is neither an expenditure of capital nature or personal expenditure. 3. The following question has been formulated by the revenue applicant for our...... its return showing a total loss of Taka 59,46,175 for the said assessment year but the DCT assessed the income of the assessee under sections 23(2) and 22(4) of the Income Tax Act, 1922 (hereinafter called “the act”) at a total loss of Taka 46,53,020 by disallowing many items amongst which the ...... parties that the assessee company is a nationalised company and, as such, it had paid incentive bonus under the provisions of the law and this incentive bonus is a new concept introduced in the industrial sector after the publication of the Wages Commission Report in Bangladesh which, in our opinio......ojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka..Category: Fiscal/Taxation Law | Date: | Hits: 104
....3 of 1984 dismissing the suit for default and order dated 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The petitioners’ case, in short, is that ore Md. Haja Mondal, the predecessor of the petitioners, took lease of the case land from ex-landlord, Opposite-Party No.2 while the ...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......by virtue of the provision of State Acquisition and Tenancy Act. That, in the above circumstances, the suit was liable to be dismissed with costs.
4. While the suit was pending for disposal in the trial Court, Md. Haja Mondal, the sole plaintiff of the suit, died on 15-12-1992 leaving the petitio......as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192, Abeda Khatun and another Vs. State of UP and others, AIR 1963 (Alla......overnment may makes rules for carrying out the purpose of this Order.” 11. We should go back to the year 1951 when another law was enacted for determination of citizenship at that time which was called Pakistan Citizenship Act, 1951 and there were as many as 23 sections in that Act. We see that......country and he was staying here but illegally and the defendant further pleaded that the plaintiff is a not a citizen of Bangladesh because of his leaving this country and staying in India. 5. The trial Court dismissed the suit under conception that the onus was upon the plaintiff according to th......CD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....sfer deed was a sale deed. The defendant Nos.4 and 5 returned the suit land to said Dhanobar and Nafar on 25th Chaitra by making endorsement on the back of the deed of sale, Dhanobar died leaving two sons, Rakhal and Shuvas. Shuvas died leaving brother Rakhal only. Rakhal died leaving only son defen......s follows: “Anomalous mortgage: A mortgage which is not a simple mortgage, a mortgage by conditional sale, a usufructuary mortgage, an English mortgage or a mortgage by deposit of title deeds is called an anomalous mortgage”. The learned Counsel for the appellant at the same time admits be...... suit land was returned to defendants 4 and 5 through endorsement on the reverse of the last page of the Exhibit 2, by the mortgagees. 8. In this context, the suit was fought by the parties in the trial Court. The suit land is measuring 1.29 acres and it was sold by the said Dhanobar and Nafar fo......bu Sayeed Ahammed J Anindra Bhusan Ghose………………Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Adv..Category: Property Law | Date: | Hits: 85
....t dated 24-2-97 of the Deputy Commissioner, Rangamati Hill District in Civil Suit No.17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, su......he facts by evidence adduced by the parties to the dispute and a decision which disposes of the whole matter by finding upon the facts so found. By an agreement between the parties arbitrators may be called upon to exercise judicial powers and to decide a dispute according to law but that would not ......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......LR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the plaintiffs has not been affected by the so-called certificate of sale dated 1-6-1959 held in OD Certificate case No.21/1955-56 and by the au......led for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the plaintiffs has not been affected by the so-called certificate of sale dated 1-6-1959 held in OD Certificate case No.21/1955-56 and by the aucti......ng as the karta and manager of the joint Hindu Family. 11. Both parties filed their documents and examined the local witnesses to prove their respective cases. 12. The suit was dismissed by the trial Court on contest. The plaintiff then took the appeal and said appeal was contested. The appell......2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....din J Nizam Hazari…………………Accused-Appellant Vs. State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do ......for ten (10) years and seven (7) years respectively. 2. Convict Nizam Hazari as appellant on presentation of this Criminal Appeal before this Court under section 30 of the Special Powers Act, 1974 called in question the propriety of the decision recorded by Special Tribunal No.14, Chittagong awar......e convict-appellant having been guilty of his own conduct is putting blame upon Tribunal and this conduct of convict-appellant must be taken notice of. Omission in not recording a decision in holding trial will not make the trial and judgment a nullity and without jurisdiction. The defect, if any, i......State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifical..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....er, 1999 at the enhanced rate, the plaintiff stopped paying the bill and made a representation to the defendants for reconsideration but without any result. On the above averments, the plaintiff also made an application under Order 39 rules 1 and 2 read with section 151 of the Code of Civil Proce......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......intiff was also penalised for damaging the meter by use of more gas than stipulated by tampering with the meter but the plaintiff did not pay the compensation. 5. Upon hearing the application, the trial Court allowed the application in part and the defendants from disconnecting the gas line the d......53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....l Sessions Judge, 3rd Court, Comilla in Sessions Case No. 143 of 1983 convicting the appellant Milon alias Shahabuddin Ahmed under sections 302/149 of the Penal Code and sentencing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......he appellant Milon and 4 other accused persons were tried in absentia under the provisions of section 339B(1) of the Code of Criminal Procedure as they failed to appear before the Court. However, the trial Court appointed state defence for the absconding accused persons. 4. At the trial the prose......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St..Category: Criminal Law | Date: | Hits: 35
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