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Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....ause die deed of reconveyance was a separate one. It is also found in that decision of 32 DLR (AD) 223 that the transfers of present nature accompanied by separate deeds of agreement to reconvey is a complete usufructuary mortgage for 7 years. This decision has got support as well from the decision ......Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237; Bangladesh Vs. Haji Abdul Gani and others, 32 DLR (AD) 233; Ali Ekabbar Faraji Vs. Bangladesh represented by the Secretary Ministry of Land Administration and others, 2..Category: Property Law | Date: | Hits: 117
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....tives. In this case there is total absence to indicate that prior to the occurrence anything had happened to arouse a desire for vengeance against the victims by any of these groups. Further there is complete absence of proof of any association much, less of indications of conspiracy between the div...... and the appeals have been heard together and will now be disposed of by this common Judgment. 2. The prosecution case, in short, is that on 24‑10‑89 at about 11‑00 PM the informant Abdul Jabbar, his son Belal, Shahidullah, Siddique, cousin Tayeb Ali, Ranju, Almas, Ishaque and Habibullah wh..Category: Criminal Law | Date: | Hits: 104
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ich is done or believed without due care and attention". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no relevancy here and se......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..Category: Criminal Law | Date: | Hits: 107
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....ther side. Ultimately Courts exits for the purpose of doing justice between the parties and not for punishing them, and they are empowered to grant amendments in the larger interest of doing full and complete justice to the parties. Provisions for the amendment of pleadings are intended for promotin......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....he opposite party on 12.1.1997. The opposite party submitted bank guarantee for Tk.1,38,384/00 and duly affixed his signature on the contract. It was stipulated in the contract that the work would be completed within four months from the date of issuance of the work order. The opposite party witness......98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others, 22 DLR (DHAKA) 702; Scott Vs. Avery (1855) 5 HLC 811; Md. Akbar Vs. Md. Aslam, 22 DLR 146 SC.; Heyman Vs. Darwins Ltd., 1942 AC 356. Lawyers Involved: Sha..Category: Alternative Dispute Resolution | Date: | Hits: 218
....e been issued without lawful authority and is of no legal effect.
2. The back ground leading to the issuance of the present Rule, in short, is that the petitioner is an Income Tax Practitioner and completed 50 years in his profession with highest reputation that has been acclaimed by the National...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
.... attempt to realise the ransom does not constitute any offence under section 4 of the Anti‑Terrorism Act and that the provisions of this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punis......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ..Category: Criminal Law | Date: | Hits: 81
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....wed possession. Therefore, an element of obstruction or prevention from ascertaining a right appears to be necessary to construe 'exclusion from possession'. In other words, it suggests a clear and complete ouster. Nothing short of a complete ouster and clear exclusion from possession will defend ......other questions relating to the plaintiffs' title and the connected facts We do not think in the absence of a cross-objection according to law we are permitted under Order 41, rule 33 C.P.C. to embark upon any further consideration of these questions. Therefore, the only point for decision befor..Category: Property Law | Date: | Hits: 93
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....an Magistrate where the case was pending soon after the arrest of the petitioners. The learned Advocate has argued that the proceedings should be quashed because the Investigating Officer failed to complete the Investigation within 60 days and thereafter within 30 days as extended by the Magistr......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ..Category: Criminal Law | Date: | Hits: 84
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....ecord. Apart from the above, if this Division finds a substantial and grave injustice or if there exists special and exceptional circumstances it can exercise extra ordinary jurisdiction for doing 'complete justice' in any matter pending before it. This does not mean in every petition or appeal th......ing who died leaving wife, a son and two daughters. On the death of Abdul Malek Mullah's wife, her interest devolved upon her son and daughters. The pre-emptee’s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent N..Category: Property Law | Date: | Hits: 138
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....tification of P.W.15 constable No.261 Mofizul Islam and constable No.470 Mosadeque. The post‑mortem doctor found the following injuries on the dead body of Biraja Rani Debnath: Body separated completely into two pieces at the level of the upper abdomen about 2" above the umbilicus by sharp c...... and Criminal Appeal No.1437 of 1991. Judgment Md. Badruzzaman J.- The Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Brahmanbaria, for confirmation of the sentence of death imposed upon accused Tajul Islam, Abdul Hossain, Fe..Category: Criminal Law | Date: | Hits: 139
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....ng PTE Ltd. originally sold the imported consignment to the Respondent No.4 company but due to the irregularities in the letter of Credit opened by the respondent No.4 company, the seller could not complete the sale with the respondent No.4 company. Hence, the said consignment was subsequently sol......f the respondent No.4 claiming ownership of the consignment in question was rejected by the judgment and decree in Other Suit No.214 of 2003 which was upheld up to the Appellate Division, there is no bar to release the consignment in question in favour of the petitioner but the respondent No.1 Commi..Category: Fiscal/Taxation Law | Date: | Hits: 172
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....72. 8. P.W.15 is S.I. Sk. Rustom Ali. He stated that pursuant to the order of D.I.G., C.I.D. he took up the investigation of the case. He tried to apprehend the absconding accused but he could not complete the investigation as he had to hand over the case to the C.I.D. Jhenidah. These are the evi......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...Category: Criminal Law | Date: | Hits: 142
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....e part of the Judge to whom the State has entrusted the duty of doing justice between man and man, and a Judge who is mentally incapable of awarding capital punishment where law and facts demand is a complete misfit in judicial machinery. Being placed in that system he has no right to play the part ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....shall be used for the purpose of cheating shall be punished with imprisonment for 7 years and also be liable to fine. If the guilty purpose in creating the document was to cheat, the offence would be complete. That was the first charge-sheet against accused petitioner to the effect that she along wi......t them. I cannot but agree with my learned brother A.T.M. Afzal, J. when he says, "I have taken pains to point out the difficulty and the legal position for which this Court cannot and should not embark upon examining the myriad of facts which have been alleged by the petitioner nor can we ask the..Category: Criminal Law | Date: | Hits: 117
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....ers 14 BLD (AD) 196 = 46 DLR (AD) 174. 13. In the case of Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd. and another the High Court Division has held that there is a complete ouster of jurisdiction of the High Court Division for interference under section 115(1) of ......t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ..Category: Procedural Law | Date: | Hits: 121
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....om the ship" 16. In 30 DLR (SC) 130 Fazle Munim, J. (as his Lordship then was) after quoting in the aforesaid view of Devlin, J. "The views are, in our opinion, unassailable and they offer a complete answer to the contention of the learned Counsel for the respondents." In the case of ......hip seaworthy and man and equip her properly are independent of time. The operation of the rules is determined by the limits of the contract of carriage by sea not by any limits of time." Fazle Akbar, J, in 19 DLR (SC) 530 after quoting the above observation observed- "The above observations..Category: Business or Commercial Law | Date: | Hits: 463
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....aulter for nonpayment of rent or non making a valid deposit. It has further been held by the apex Court that ‘the WASA charges was not part of rent and deposit made as in the instant case was not a complete or valid deposit. In this respect the landlord may have alternative way of recovering the s......o been marked as Exhibit 2 series). 7. Upon considering the pleadings and the evidences on record, both oral and documentary, the learned Jude held that the suit is maintainable, the same is not barred by limitation, the defendant tenant as D.W.1 having admitted that the rent for the month of..Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....llowed a benefit to somebody and denying the same to the others who are similarly situated was ‘hostile discrimination’ and application of ‘double standard’. After allowing the petitioners to complete 47 days’ training out of 60 days the writ respondents were bound to allow them to complet......he writ respondent No.2; Bangladesh Railway Non Gazetted Service Recruitment Rules, 1985 promulgated vide SRO No.235-L/85, notified in the Official Gazette on 25th May, 1985 so far as it relates to debarring the writ petitioners from promotion in the Guard Grade II posts at serial 119 of the Schedul..Category: Employment/Service Law | Date: | Hits: 222
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....are not inclined to entertain this technical objection at this stage. In the present appeal the appellants did not raise any objection at any stage before any forum and they allowed the Arbitrator to complete the proceeding and pass the award. So having regard to the aforesaid decisions their object......oor Afza…………………..............Respondent Judgment April 28, 2010. Result: The appeal is dismissed. Cases Referred to- Hazrat Ali Vs. Election Commission, 41 DLR 486; Darbari Lal Mudi Vs. Raneeganj Coal Association Ltd., AIR (31) 1944 (Patna) 30; Waverly Jute Mills Co. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
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