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Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......Retirement) Act, 1974. 3. The respondent No.2, Inspector General of police, contested the Rule by filing affidavit-on-opposition. 4. The High Court Division on consideration of the materials on record and the submissions of the learned Advocates of the respective parties made the Rules absolut......) Act, 1974 and impugned orders of forced retirement, being violative Articles 27 and 31 of the Constitution, and further praying for a direction to allow the petitioners to continue their respective service till their attainment of the age of superannuation contending, inter alia, that they were ap..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he authority of the Jute Mills brought charge against him and finally dismissed him from service against which the petitioner unsuccessfully moved Title suit No. 147 of 1983. Thus, we find there is a good deal of substance in the submission of the learned Advocate for the petitioner that the suit, w......liable to be dismissed. 5. At the trial both the parties led evidence to prove their respective cases. The learned Joint District Judge, 1st Court, Narayangonj on consideration of the materials on record decreed the suit as prayed for by his judgment and decree dated 30.3.2002 (decree signed on 4......s and as such the question of interference for want of cause of action does not arise at all. 10. Mr. Tufailur Rahman, the learned Advocate finally submits that the petitioner was employed under a service contract with the plaintiff-mills and in that view of the matter the provision of article 36..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ind her legal heirs husband, Mohammadullah and 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan Mined and 2 daughters Sufia Khatun and Zaheda Khatun but the said heirs were not brought on record within the time prescribed under the law. 3. On 26th June, 1990 the petitioners filed an a......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
....ahadurgarh established Mandi Fateh with a view to improve trade in the areas. The Committee decided that the purchasers of the, plots in the Mandi would be exempted from payment of octroi duty on the goods imported within the Mandi and the Mandi shall remain immune from payment of octroi duty foreve......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ence to different context the facts of which are distinguishable from the facts in the instant case before us. In Robertson in December, 1939 the claimant was injured in an accident while on military service, and on examination by a medical board, found unfit for general service, and graded in Categ..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......e appellants (condemned prisoners) opposed the reference. At the beginning we were taken through the FIR, the evidence of the witnesses, the judgment of the learned trial Court and other materials on record. Mr. Habibul Islam Bhuiyan, the learned Advocate for the appellants, submits that it is a cas......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. 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: 44 DLR (HCD) (1992) 131.......ent. 8. Mr. Rokonuddin Mahmud, the learned Counsel appearing in support of the rule for the petitioner having taken us through the impugned judgment and the other related papers in original in the records of the Money Suit submitted that the learned court, below erred in law in holding that the d......cordance with law. 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: 44 DLR (HCD) (1992) 131...Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
.... for mandatory injunction, damage and compensation for non-taking of delivery of cargo from the containers, it is not maintainable in this Admiralty Court, since the plaintiff is not a carrier of the goods nor the cause of action comes under the jurisdiction of this Court under any of the provision ......nce the instant dispute has arisen from the carriage of goods by sea, the same is very much maintainable in this Admiralty Court. 10. I have heard the learned Advocates and perused the material on record, the relevant law and also considered the arguments advanced at the Bar. 11. The plaintiff......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....the Evidence Act which provide for a presumption of ownership in favour of the person who is in possession of the property, A person in possession of land however, imperfect his title may be, has a good title against the whole world except the true owner and until the true owner comes in Court to ......ther of the plaintiff and Mongal Miah, the paternal uncle of the plaintiff; that Mondal Miah had no issue and thus Moezuddin @ Darag Ali became owner of the suit property; that SA khatian was rightly recorded in the name of the Darag Ali @ Moezuddin; that the plaintiff got some of the suit land muta......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......ith deadly weapons forcibly entered inside the National Jute Mills and exploded cocktail and hurled brick-bats towards police which caused mischief to the building premises of the mills. The case was recorded as Kaligonj Police Station case No. 2(7) 92 under sections 3, 4 of the Act. 3. Over the ...... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896...Category: Criminal Law | Date: | Hits: 71
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......acts of the other connected writ petitions are more or less similar, we do not feel it necessary to reproduce the same here. 6. The respondent No.2 heard both sides and considering the evidence on record and other facts and circumstances of the case allowed the case by its judgment and order 13-3......rder) Act, 1965 impleading the respondent Nos.3 to 6 alleging, inter alia, that the petitioner was the permanent worker under the respondent No. 3 effective from 6-9-1987 and during the tenure of the service his designation was Store Hand and he used to draw a salary of Taka 2,937 per month. While h..Category: Labour and Industrial Law | Date: | Hits: 161
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......d Advocate has argued that admittedly the alleged illegal arms and. ammunitions were not recovered from the possession and control of this accused-petitioner and there is also no cogent evidence on record to prove that this accused-petitioner brought out those alleged arms and ammunitions from the......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..Category: Criminal Law | Date: | Hits: 64
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......parte decree passed on the basis of the impugned order dated 22.06.2010 by which the Artha Rin Case was disposed of ex parte.
9. We have considered the application in the light of the materials on record. It appears that the order impugned in this Writ Petition has been sufficiently narrated in t......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
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Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... of the Code of Criminal Procedure and they again claimed their innocence and made their respective statement. 8. The learned Druta Bichar Tribunal after considering the evidence and materials on record by it’s judgment and order dated 05.07.2005 found accused (1) Ashraf Ali, (2) Ataur Rahman,...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....oncocted and that he did not investigate the case properly. 27. Mr. Abdul Matin Khasru, the learned Advocate for the appellants, submitted that the Bangladeshi Taka and the gold are not contraband goods and the BDR persons illegally seized those. Furthermore, Headmaster Narayan Banik is the tenan......here and he has no connection with appellant Nos. 1 and 2 or in the alleged occurrence. 7. Mr. Abdul Matin Khasru, the learned Advocate for the appellant, has taken us through the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 29 Rifle Bat......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......e appeal being the final Court of facts and law elaborately discussed and considered all the points raised and agitated before this Court. 8. It appears from his elaborate discussion basing on the records of the case that in the written statement the defendants raised an objection that the suit i......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....was sent to the Metropolitan Special Tribunal No.1 where it was registered as Special Tribunal Case No.108 of 2008. On 15.05.2005 an application was filed before the Tribunal for return of the seized goods and money along with the registers. The learned Judge of the Metropolitan Special Tribunal No.......as claimants also submitted application for return of the seized alamots. 3. After due investigation the police submitted final report as mistake of fact upon examination of the available business record, license and yearly accounts registers of the jewellery shop. There was a prayer for discharg......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......ny objection if the suit is decreed. He further submits that the learned Trial Court has committed an error in noting the order of abatement inasmuch as the heirs of deceased plaintiff are already on record. He lastly submits that, in fact, the second application for transposition was a review appli......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......e co-sharers being the heirs of Jonab Ali and Abdul Latif were not made parties in the pre-emption case. 4. The learned Senior Assistant Judge, Sadar, Manikganj on consideration of the evidence on record allowed the pre-emption believing the date of knowledge of sale in question as claimed by the......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
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