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Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....d cogent evidence the impugned order of conviction and sentence is liable to be set aside. The learned Advocate further submits that having regard to the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction ......r the Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal App......lt of the accused petitioner under section 304B of the Penal Code beyond reasonable doubt and rightly sentenced him thereunder. Since I am satisfied that the learned Courts below did not commit any illegality in finding accused petitioner Hossain guilty under section 304B of the Penal Code, whose gu..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....grani Bank, Tejgaon Industrial Area Branch, Dhaka and there is no disclosure by the petitioner as to whether they, in fact, made any enquiry with the bank as to whether the goods were really imported properly through a valid LC and the stipulation in the LC that “Bill of Lading date prior to LC op......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ...... as contained in container No. PCIU 4440796 and MLCU 3603969 and rotation No.964/97 and 979/97 dated 28-9-97 and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the pe..Category: Fiscal/Taxation Law | Date: | Hits: 83
.... but obviously they were signed in a compelling circumstances inasmuch as otherwise they would have been thrown out of employment after their putting in five years of satisfactory service.
13. For proper appreciation the salient parts the original offer letter, appointment letter and the ori......ead the Appellate Division Judgment here.
Supreme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Md. Arayesuddin J
Rabia Bashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. &......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
.... dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better management and administration of the Waqf estate and also to take appropr......This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellan......ror of law in ignoring the report of the process server on the copy of the summons and his declaration dated 5-3-1989 and the endorsement of the postal peon on the letter containing the Summons and illegally allowed the Miscellaneous case which has occasioned a failure of justice. On such grounds he..Category: Trust/Waqf Law | Date: | Hits: 189
.... supplementary affidavit should not he declared to have been made without any lawful authority and are of no legal effect or such other or further order or orders passed as to this court may seem fit proper stating, inter alia, that the petitioners being employed under respondent No.1 was served wit...... also Reported in: 52 DLR (HCD) (2000) 299.
...... 214 (Head Office) 724-726 dated 19-11-97 issued by the respondent No.3 (Annexure-H) to the supplementary affidavit should not he declared to have been made without any lawful authority and are of no legal effect or such other or further order or orders passed as to this court may seem fit proper st..
Category: Employment/Service Law | Date: | Hits: 87
....tant District Judge, Dhaka against the defendant petitioners Lakshmi Bazar Shahi Masjid Committee represented by its Chairman and another for a decree of permanent injunction with respect to the suit property detailed in the schedule to the plaint restraining the defendants from invading plaintiff...... below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......ant-petitioners for Folding a local investigation under the provision of Order 26, rule 9 of the Code of Civil Procedure.
3. The only point that needs to be resolved relates to the correctness and legality of the order under challenge warranting any interference by this Court in the exercise of C..
Category: Property Law | Date: | Hits: 68
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......12-98.
6. Thereafter, about 500 plaintiffs filed Other Suit No. 114 of 1998 in the 2nd Court of Senior Assistant Judge, Chittagong alleging that the Board of Directors of the Chamber of Commerce illegally refused their applications for membership of the Chamber of Commerce and prayed for a declar..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552....... once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552....... before the appellate Court that, consequently and on the same ground the appeal also should he allowed because the original pre-emption cases had already abated, and thus the trial Court committed illegality in allowing the pre-emption. 4. Miah Abdul Gafur, the learned Counsel for the petitioner..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550....... Atiqullah………………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: Mahmudul Islam, Advocate — For the Petition....... 8 of 1994. 5. As against that the petitioners moved this Court and obtained this Rule. 6. Mr. Mahmudul Islam, the learned Advocate for the petitioners, submits that in view of the established legal position as enunciated by the Appellate Division in the case of Md. Atiqullah Vs. Mrs. Sanawar..Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....the custody of the accused person and the latter failed to explain his conduct on this behalf as to how the deceased met her death and that the confessional statement so recorded by the Magistrate is proper and the same being true and voluntary, the accused appellant has been rightly found guilty fo......Kalam Mollah…………………………… Appellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshid Alam Khan, Advoca......ent to hold the conviction of the accused-appellant on the basis of the same. 22. Mr. Md. Khurshid Alam Khan, the learned Advocate for the appellant, submits that the learned Sessions Judge most illegally found the accused-appellant guilty of the offence charged, though it has been found from the..Category: Criminal Law | Date: | Hits: 32
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
.... statement for the aforesaid period. Petitioner claimed that he cannot supply the details of payments made by him by bank cheques/pay order nor bank account of the petitioner can be disclosed without proper order from Court or authorised person and the Commission or the Enquiry Committee cannot dire...... Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. ......alling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the petition and provisions of..Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....law relating to the limitation of suits, appeals and certain applications to Courts; and whereas it is also expedient to provide rules for acquiring by possession the ownership of easements and other property.” Part II of the Limitation reads as follows: “Limitation of Suits, Appeals and A......0.......ved a letter from Dhaka Stock Exchange Limited bearing Memo No. 162/94/1096 dated 16-8-94 requesting him to submit the Succession Certificate of the deceased Rashida Hossain and a Nadabinama from her legal heirs. On receipt of such a letter from Dhaka Stock Exchange Limited 13 years after the filing..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....st him while sub-section D provides for payment of subsistence allowance to the tune of 50% of the pay during the suspension period. The learned Advocate for the petitioner further submits that after proper enquiry the plaintiff opposite party has been found guilty of specified offences and the Comm...... is also Reported in: 51 DLR (1999) 527.......ted 4-10-96 issued by the Chairman of the Governing Body of Alhaj BN Khan (Degree) College, Uzirpur and the orders communicated to him by Memo No. 32/92 dated 14-7-97 and 34(1)/97 dated 15-7-97 are illegal, void, mala fide and not binding upon the plaintiff. On getting summons the petitioner appeare..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....ji and entered into possession and accordingly in the remark column of the said Khatian the possession of Menhajuddin as purchaser was recorded. Laxmi Bibi and Shajal Bibi gifted their portion of the property to Menhajuddin by the registered deeds of gift dated 14-6-1926 and put him in possession an......re will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......rove the benami purchase in the name of Asmat Ali disbelieved the benami transaction as claimed by the plaintiff. The learned Subordinate Judge, however failed to take notices as to what would be the legal consequence if the benami purchase in the name of Asmat Ali is held to be correct. Whether the..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....IX-II) 65-66. She paid rent from 1370-1381 BS. Thereafter the petitioner established a farm known as Apex Agriculture and Dairy Farm Company on the said land. While in possession and enjoyment of the property in the aforesaid way for long 20 years the respondent Nos. 4-19 filed a Revisional Applicat......upreme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Sajeda Begum………… Petitioner Vs. Member, Bhumi Appeal Board and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnaha......pondent No. 1 and the order dated 9-1-86 (Annexure-C) passed by the ADC (Rev) Khulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25 acres of land under SA Khatia..Category: Property Law | Date: | Hits: 107
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... 24-5-99- “If an officer of the Subordinate Court willfully violates the direction of this Court this will bring catastrophe to the whole system and for that matter we are of the opinion that a proper action should be taken against this Mr. Farooq Ahmed, Subordinate Judge, 3rd Court, Dhaka”.......Chowdhury (as his Lordship then was). In the aforesaid Civil Order the said Division Bench directed the contemner to dispose of Miscellaneous case No. 28 of 1997 of this Court by 31-1-99 without fail and without giving any adjournment to either side in any case. The said order having been violated t...... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ..Category: Criminal Law | Date: | Hits: 45
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....tes that the defendant No.1 being the local representative of the buyer as well as of the suppliers and being the transferor of the Master Export LC is to take all necessary steps to ensure supply of proper quality fabrics within stipulated time for which he is paid fees known as technical fees. Thi......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......stries Ltd. and others 49 DLR 260, two other pertinent questions that attract our attention are (1) as to whether the plaintiff has any interest in the money he aspires to injunct and (2) what is the legal nature of the relationship between the plaintiff and the defendant No. 1 inter se? The questio..Category: Civil Law | Date: | Hits: 164
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......igh Court Division (Civil Revisional Jurisdiction) Present: ABM Khairul Haque J Shaikh Ansar Ali & others……………………...........Petitioners Vs. Md. Tofazzal Hossain and others…………….........Opposite Parties Judgment January 13, 2003. Cases Referre......ite party Nos. 1 and 2 instituted the suit praying for a decree for declaration that the letter No. BHMMA-23/2002/184 dated 19‑10‑2002, issued by the defendant No. 2 to the plaintiff No. 2 is illegal, without jurisdiction and not binding upon the plaintiffs, contending, inter alia, that they a..Category: Civil Law | Date: | Hits: 74
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....pointment of Mr. Abdul Huq was irregular. 3. The case of the petitioner is that after the death of the first Mutwalli in 1952, no other persons was substituted/appointed in his place and the Waqfs property was enjoyed by the Sons of Munshi Abdul Jabbar, namely, Abdul Gani, Jalaluddin Ahmed and Ab......titioner. Not represented— the Opposite Party. Civil Revision No. 1007 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the petitioner, Abdul Hoque against the Judgment and Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal...... petitioner from the office of Mutwalli. The District Judge by the impugned judgment and order equally erred in law which resulted in failure of justice in dismissing the appeal and confirming such illegal order of the Waqf Administrator. 15. Hence, the impugned judgment and order of the court of..Category: Trust/Waqf Law | Date: | Hits: 174
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ection 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as plaintiff instituted Title Suit No. 47 of 1978 for partition of the suit property against the petitioner and opposite party Nos. 2-11 alleging, inter alia, that the suit pro...... 54 DLR (2002) 606.......e undivided amongst the members of the family who are its owners. The emphasis is really on the house which imparts to the family its character of an undivided family. I, therefore, do not find any illegality in the impugned order. In the result, the Rule is discharged without any order as to cos..Category: Administrative Law | Date: | Hits: 210
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