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State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....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: ......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: ......n finding that the earlier Case No. 24(8)04 was finally decided on acceptance of the final report after hearing both the parties with the consent of the public prosecutor, the tribunal ceased to have jurisdiction to pass any order for further investigation. Consequently, the finding that the cash mo..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....iscretion exercised by trial court in accepting the prayer need not call for interference.” 15. We have already held that at the time of considering his first application the learned Trial Court totally failed to apply its judicial mind holding that the interest of the defendant No. 4 will be p......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. ......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)
....-emptee-seller are full brother and both of them became co-sharer to the case jote by inheritance, both of them possessed thereon and as such, it cannot be said that the pre-emptor-opposite party was totally unaware about the impugned kabala over a period of 1(one) year and 6 months. The learned Adv......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: ......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
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... been made therein and the name of the identifier and Magistrate is also missing. He also points out that in the said supplementary affidavit it was contended that Annexure-E to the writ petition was totally false, forged, manufactured and ante-dated, since the words in affidavit under Serial No.3 s...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......3 before the High Court Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 issued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declaration that the pe..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..Category: Property Law | Date: | Hits: 71
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502....... is the petitioner in Writ Petition No.2551 of 1990 has been filed stating, inter alia, that the grant of Sarai Beel Fishery for 1397 BS to 1399 BS in favour of the petitioner was illegal and without jurisdiction as the government had already leased out the said fishery in favour of the respondent N..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....nt Commissioner of Taxes estimated income from business at Tk. 14,000.00 and income from house property under section 9(2) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed the total income at Tk. 32,700.00 and assessed income‑tax on that amount for both the years. 3. The...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......o necessary for us to observe that the submission of the learned Assistant Attorney General was on the basis of the instruction made by the officers and such submission does not call for invoking our jurisdiction under Article 102 of the Constitution.
In view of our aforesaid discussion, we disch..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......icata under section 11 of the Code of Civil Procedure. According to section 41, a final judgment, order or decree of a competent court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, is not only relevant but also is conclusive both against the parties thereto as well a..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......g Director of TaeHung Packaging BD Ltd. by AGM dated 25 July, 1999. Mr. Bo Sun Park has submitted my false resignation to your office with malafide intention removed me as Managing Director during my absence on 2004. In 30th June, 2004, Summary of Share Capital submitted in the office of the Registr......iate criminal proceedings in appropriate circumstances by resorting to section 203 of the Act; the Registrar in certain matters only is required to perform quasi-judicial function but he exceeded his jurisdiction in entertaining the application of the appellant. 6. Being aggrieved by and dissati..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
.... to prove the prosecution case and the defence examined witnesses including the appellant Nos.1 and 2 to establish that the above mentioned case is false and fabricated one and the proceedings were totally out of jurisdiction. The trial was held under the Emergency Ordinance, 2007 which has happen......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......rosecution case and the defence examined witnesses including the appellant Nos.1 and 2 to establish that the above mentioned case is false and fabricated one and the proceedings were totally out of jurisdiction. The trial was held under the Emergency Ordinance, 2007 which has happened while the Em..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....fidavit. 87. Mr. AR Yusuf, the learned Counsel appearing for the petitioner, took great pains in taking me through the long and elaborate judgment of both the judges running almost to 130 pages in total and by reference to various decisions of the Supreme Court of India, Pakistan and Supreme Cour......ip certificate he filed the writ petition. Their Lordships considered the proviso to Article 2 of PO 149 of 1972 in particular the provision considering the facts of that case held that his temporary absence was covered by the proviso to Article 2 and in the eye of law he remained a resident of Bang......or invoking the power under Article 3 of the said PO. The learned Attorney‑General further submitted that because of the delay and laches on the part of the petitioner in invoking the extraordinary jurisdiction of this Court, the petitioner is not entitled to any relief and as such the application..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......a Rule. The learned Single Judge referred to the cases reported in 13 DLR 531, 16 DLR 61 and 33 DLR 207 and differed with the decisions in 13 DLR 531 and 33 DLR 207 and also the other cases of Indian jurisdiction and agreed with the view taken in 16 DLR 61 and held that when a prohibitory injunction..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....ay so in this regard. 34. In the case of Shaheda Khatun Vs. Administrative Appellate Tribunal, Dhaka and others reported in 3 BLC (AD) 155, it has been held that the Appellate Tribunal seems to be totally unaware of the settled law that notwithstanding the ouster of jurisdiction of the High Cou...... 1923 by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No.18 of 1923) and by this insertion of section 561A, the inherent powers of the High Court Division were only recognized and in the absence of even such a provision as section 561A, the High Court Division still has the authority to......ext submits that indisputably the Tribunal has not commenced proceedings as yet in accordance with the provisions of section 9(1) of the Act Of 1973 and by that reason, the Tribunal cannot assume any jurisdiction over the petitioner and pass the orders under challenge. 10. Mr. Abdur Razzaq also s..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....at Court as its members: Provided that for appointment of Chief Justice of Federal Shariat Court, the proviso to clause (5) shall, mutatis mutandis, apply. (8) The Commission by majority of its total-membership shall nominate to the Parliamentary Committee one person, for each vacancy of a Jud......nsidered for appointment as Chief Justice. 4. Mr. Azim further submits that our Constitution itself indicates in Article 97 that the senior-most Judge of the Supreme Court is given priority in the absence of the Chief Justice from his office. He further submits that this Article is indicative of ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... purpose. The purpose for which the Co-operative Society proposes to use the acquired land is the ultimate test for a decision as to whether the acquisition is for a public purpose or not. There is a total lack of disclosure in the notice under Section 3 as to for what purpose the Co-operative Socie......Gopal Vs. Additional Commissioner reported in 41 DLR 326. Mr. Kamruzzaman submits that acquisition of property for a co-operative society per se is not to be deemed as serving a public purpose in the absence of additional facts and materials showing the purpose for which such co-operative society in......d from is found expressed clearly in the Sankar Gopal Case in paragraph 9 at page 330 thus: "The provision of Section 15 is not directory but mandatory. Before the Deputy Commissioner acquires the jurisdiction to publish a notice under Section 3 an agreement with the non-Government requiring body..Category: Property Law | Date: | Hits: 104
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....ourse of his business opened Letter of Credit dated 27-12-2010 for the import of commodity of 32 MT of Anti Oxidant preparation and other compound Stabilizer for Rubber of Plastics from Taiwan having total L/C value of US$23, 000, 00. 3. The Respondent No.4, OMIC Overseas Merchandises Inspection ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....reafter cannot, in the absence of any other direct or circumstantial evidence, conclusively indicate that accused‑convicts had any complicity in the murder of Khasru. In the instant case there is a total absence of such direct evidence and the circumstantial evidence are not such as are incapable ......erence. 11. Mrs. Salma Masud Chowdhury has submitted that the learned Additional Sessions Judge wrongly convicted accused Sanwar Hossain though there was no legal evidence against him and that the absence of the name of Sanwar Hossain and the appellants in the FIR belied the prosecution case of c...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
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