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Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ...... official Gazette giving the accused a direction to appear before the Special Tribunal. It is pointed out that the trial was held in absentia and the judgment and order of conviction wm passed in the absence of the accused petitioner on 15.2.90 and, therefore, the appeal could not be filed by him wi......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....91 sent by the respondent No.3 to the respondent No.2 that decision in the CLAC meeting held on 2.11.91 was not correctly recorded and in place of 4.67 acres of private land it will be 4.66 acres and total land will be 6.36 acres instead of 6.40 acres and the road should be constructed as per the al...... Had they obtained certified copies and annexed the same with this petition then it could be ascertained when they obtained the same. But it is difficult to ascertain from the Photostat copies in the absence of any endorsement thereon when those were supplied and by whom and if at all those were sup...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......er to the effect that the father being the guardian of the minor girl, who has not as yet attained the age of 18 years according to the Majority Act, is entitled to the custody of the girl but in the absence of any positive and unequivocal order of the Courts below giving direction to hand over the ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....n was refused (Annexure C). That is challenged before this Court. 4. Mr. Khan Saifur Rahman, the learned Advocate appearing for the petitioner, submitted that this amendment in the law resulted in total prohibition for the workmen working under the Board to form an association or a union and this......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... absence of books of accounts estimated sales at Tk,70,00,000.00. He also took GPO 20% on the estimated sales and determined GP at Tk.14,00,000.00. After allowing expenses on estimate he computed the total income of the assessee at Tk. 9,33,334.00 and made assessment therein. The assessee took appea......angladesh Limited. The assessee carried on business in manufacturing and sales of electric bulb, radio sets and television for the previous year and earned income. The Deputy Commissioner of Taxes in absence of books of accounts estimated sales at Tk,70,00,000.00. He also took GPO 20% on the estimat...... applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the DCT had jurisdiction to assess the applicant for the assessment year 1971‑72. (ii) Whether in the facts..Category: Fiscal/Taxation Law | Date: | Hits: 109
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......chief of section 302 of the Penal Code, the prosecution is required to prove that the injuries sustained by the victim were sufficient to cause the death in the ordinary course of nature and in the absence of such evidence, a reasonable conclusion can be drawn that the injuries on the person of ......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264...Category: Criminal Law | Date: | Hits: 71
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
.... submits that the High Court Division has made out a third case which is not even the defence version that the informant has killed her son. He further contended that the High Court Division on a total misreading of the medical evidence observed that there is doubt as to the death of the baby so......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......ersonal right and hence the petitioner being not the author or publisher of the book he is not entitled to a prior notice asking him to show cause against the impugned order and that on the ground of absence of prior notice before forfeiture, the impugned order cannot be set aside in the present cas......a ground in an application for a writ under Article 102 of the Constitution to quash the order. 6. Before we enter into the merits of the order let us see on perusal of the book whether there is a jurisdiction on the part of the Government to pass the order forfeiting the book. Before we do that,..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......e of second show cause notice is concerned, this was constitutional protection available to persons holding any civil post under the Republic and not to any employee of any statutory authority in the absence of any provision in that Act or Rules of such statutory authority. The principle of natural ......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......ed by another petition by defendant but the Court did not pass any order upon the second application for adjournment. Thereafter at 2‑30 PM the learned SCC Judge took up the suit for hearing and in absence of the learned Advocate 6r the plaintiff dismissed the suit for default within five minutes....... whether in the facts of the present case there occurs any injustice caused to the plaintiff. Section 25 of the SCC Act does not restrict the power of the High Court Division as a Court of revisional jurisdiction to consider the present order. The power under section 25 of the SCC Act is a discretio..Category: Procedural Law | Date: | Hits: 104
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....the Court below in this respect. So the cross‑objection also fails. 15. Before parting with the case we like to observe that the trial Court only dismissed the claim for Tk. 30,000.00 out of the total claim of Tk. 2,64,066.32 but decreed the suit for recovery of Tk. 1. 1,59,265.00 with interest......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......or's money in exercise of its right of general lien under the said section 171 of the Contract Act is to be considered. The learned Advocate for the appellant failed to refer to any decision from any jurisdiction on the point. Depositor's money with the bank is not in the nature of any goods bailed ..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......akeem Syed Mohammad Taqui Vs. Fatch Bahadur Singh reported in AIR 1929 Pat. 565 (FB) and the case of Ram Saran Vs. Prithevi Nath Singh reported in AIR 1952 Patna 267. He further submitted that in the absence of section 47 of the Code the executing Court exceeded its jurisdiction in passing the impug......929 Pat. 565 (FB) and the case of Ram Saran Vs. Prithevi Nath Singh reported in AIR 1952 Patna 267. He further submitted that in the absence of section 47 of the Code the executing Court exceeded its jurisdiction in passing the impugned order. 4. Mr. Nurul Islam Chowdhury, the learned Advocate fo..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....diately after non‑compliance as provided under the law which in not subject to any other provision of the Act or any other provision of any other law for the time being in force and thus would be a total independent proceeding and it has no reference whatsoever whether after the liability of being......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......arising out of section 7(b) of the Special Powers Act. 4. That proceeding is now challenged before this Court on an application under section 561A of the Code of Criminal Procedure in the inherent jurisdiction, for quashment of the said proceeding on the ground that it is an abuse of the process ..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......ntended that they were civilian employees in the defence services. The Administrative Tribunal held that they, therefore, belonged to defence services and, as such, the Administrative Tribunal had no jurisdiction in respect of them. 3. The petitioners did not prefer any appeal against the aforesa..Category: Administrative Law | Date: | Hits: 187
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....njectures illegally relying on the belated opinion given by the doctor holding post mortem examination at the behest and on the persuasion of the police officer through exchange of several letters in total ignorance of the fact that in the earlier report no definite opinion could be and was given by...... the family of the father‑in‑law of Sawpna at the time while he went to the house of occurrence. In reply to cross‑examination he stated that he did not tell the Investigating Officer about the absence of the members of the family of the accused‑appellant in their house while he was there. ......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
.... contract possession of the suit property was delivered to purchaser company who was added as defendant No. 5 in that suit; that the purchaser company paid Tk. 45,333.00 to the PICIC on 12,3,1970 and total sum of Taka 1,25,793.51 to the plaintiff in several on compromise on 18.11.70 and in terms of ......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......e question of fact without consideration of the contents of the relevant documentary evidence on record. The learned Subordinate Judge as the Trial Court was the initial Court of the fact and had the jurisdiction to arrive at any finding of fact after due and proper consideration of all the admissib..Category: Property Law | Date: | Hits: 69
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