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Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....to the spot at 16.45 hours and found there a man was surrounded by the local people with three bags of Phensidyl and on interrogation the man disclosed his identity as Md. Nannu Mia @ Habibur Rahman, son of late Minat Ali of village Shoelpur, Police Station and District‑ Brahmanbaria. He further...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......rge was framed against the accused-appellant under section 25B of the Special Powers Act. He pleaded not guilty and claimed to be tried when the charge was read out and explained to him. 5. At the trial out of 9 charge-sheeted witnesses 7 (seven) witnesses were examined as prosecution witnesses a......Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal Appeal No. 968 of 1999. Judgment Abdul Awal J.- This Appeal is directed against the Judgment and order dated 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal ..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ganj High School for a long time and he has been honestly and efficiently discharging his duty all through. It was further contended that defendant No.4, Head-Master in charge of the school, who is also a senior science teacher of the school was zealous of the professional success of the plaintiff a......ssing the plaintiff from service does not contain the signature of the members of the Managing Committee. The learned trial Court clearly found on consideration of the evidence on record, that the so-called order of dismissal of the plaintiff was patently illegal and without jurisdiction. The learne......esolution dated 3-9-89 and the said resolution had already been sent to the Board for its approval and, as such, no illegality was committed in dismissing the plaintiff from his service. 4. At the trial the plaintiff examined himself as his only witness while the contesting defendant examined 2 w...... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
.... 2. Complaint case at the trial was that, the complainant was married with the accused 4 years ago. Father of the complainant paid Taka 30,000.00 in cash to the accused at the time of marriage and also gave gold ornaments including wrist watch at the cost of Taka 60,000.00 during the marriage cerem......questions to him as the court considers necessary, and shall, for the purpose aforesaid, question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence,” Learned Advocate submits that the above manner of 342 Cr.P.C. state......r of conviction and sentence dated 29-3-97 by Mr. Malay Talukder, Magistrate, 1st Class, Comilla in Cr Case No. 516 of 1994 under section 4 of Dowry Prohibition Act, 1980. 2. Complaint case at the trial was that, the complainant was married with the accused 4 years ago. Father of the complainant ......t down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....eturns the petitioner though shown to have deducted Head Office expenses in total Income Tax computation sheet but did not disclose the basis of making such deduction for Head Office expenses and the sources of money for financing such expenses did not reflect in the profit and loss account sheet wh......it-in-opposition and supplementary affidavit-in-opposition and reply. It is the case of the respondent that the validity of notices served under section 93 of the Income Tax Ordinance, 1984 cannot be called in question as in response to such notice the petitioner has already submitted the returns. I......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......ion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....……………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Referred To-
Faridsons Ltd and others Vs. Government of Pakistan and another, 13 DLR 233.
Lawyers Involved:
Jami......d Sagor and Chowdhury Sanwar Ali, the learned Advocates as Special Public Prosecutors who were to be remunerated by the said petitioner. By a subsequent order dated 5-11-96 the Government, however, recalled the earlier order and directed the public prosecutor Mr Altaf Hossain to conduct the case and......onsibility of the Special Public Prosecutor conducted the case efficiently honestly upto 10-9-89 and completed the examination of 7 (seven) witnesses. The petitioner had to file a petition before the trial Court about the brutal attack upon the informant SM Zillur Rahman and P.W.5 GM Anwar in the Co......pecial Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Refe..
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....ulting in the plaintiff’s failure to run the mill properly. When the plaintiff prayed for further amount the defendant bank wanted hypothecation of the goods which the plaintiff refused. The bank also demanded further security though the entire project was under the security and mortgage with the ...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......laintiff demanded Taka 1, 36, 46,120 from the bank. Subsequently, the plaint was amended and the demand was made for Taka 60.00 lac as loss during four years of stoppage of the mill. 4. Before the trial Court defendants 1 and 2 entered appearance and contested the suit by filing joint written sta......se is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....t and the trial Court dismissed the suit on contest and there is no provision for withdrawal of the suit at the stage of appeal. 8. Heard the learned Advocates and perused the impugned order and also we have gone through the provision of Order 23 rule 1 of the Code of Civil Procedure which provid...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ......ra and one Keranti share. The opposite party being defendant Nos.4 (Ka) to 4(uma) contested the suit by filing written statement denying all material allegations made in the plaint. 3. The learned trial Court decreed the suit by his judgment and decree dated 26-2-96. 4. Being aggrieved by the ......al Saha J Sk Abul Kashem…………………..Petitioner Vs. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Ch..Category: Property Law | Date: | Hits: 30
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Ahmed J Dr. Abeda Begum and others..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahra......ight to amend the result, if necessary, for any reason. The petitioners including others were found ineligible to appear at the Viva-Voce Examination for different valid grounds. Thus they were not called for Viva-Voce Examination held on 6th to 8th July, 2003. The reasons for not allowing the pet...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....d J Kadam Ali Bhuiyan (Md)…………Petitioners Vs. Begum Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from ......below are set aside and those of the trial Court are restored. The suit is decreed as prayed for. Order of status quo granted earlier at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DL......thway toward the south. He further contended that he gave the fencing about 12 years back. He denied that the plaintiff ever acquired any easement over the pathway. 9. Upon the pleadings, the trial Court settled number of issues including the one whether the plaintiff acquired any right......ur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or auth..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....iled by the defendant No. 3. Against that order the defendant No. 3 filed a revisional application in this Court, being Civil Revision No. 2800 of 1994, in which the Rule issued was ultimately made absolute in part directing the trial Court for giving the plaintiff a chance to amend the plaint in re......yed mainly in a managerial or administrative capacity, Under section 2(h) of this Act, any person employed in such an establishment to do 'managerial or administrative' functions falls into the class called 'employer.' In the corresponding provision of the Industrial Relations Ordinance, 1969, worke...... and, as such, his remedy was available in the Labour Court, created under a special law and, as such, the suit was barred by law. The plaintiff filed written objection, against that application. The trial Court after hearing both the sides by the order dated 15-5-1994 rejected that application file......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....uit land in the name of different landless cultivators by registered kabuliyat without taking salami and the settlement holders have been possessing the same. Neither the defendants nor their predecessor-in-interest had ever any right, title, interest and possession in the suit land. Abdur Rahim, th......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ......e party No.1 (Government), whether the suit being No. 82 of 1994 is barred by limitation and whether the ex parte order dated 236-72 was passed in that Miscellaneous Case lawfully. 8. During trial of the aforesaid suit plaintiff examined only one witness (Tahshilder) and the defendant exami......Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. Case Refer..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....on were lying in port shed and requested the plaintiff for clearance of the same. On physical verification by the plaintiff and their clearing agent it was found that the goods offered were, in fact, some refilled packages of gunny bags containing sweeping, dust, wastages and in loose and damaged co......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......d by the plaintiff according to the Carriage of Goods by Sea Act. 6. During the pendency of the suit, the plaintiff examined one witness PW 1, Ali Md Selim and the defendant examined none. The trial Court framed the following issues which are as follows- 1. Is the suit maintainable in......diction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment November 9, 2006. Cases Referre..Category: Civil Law | Date: | Hits: 87
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....es therefore, resulted in failure of justice. 8. In support he cited Afzal Khan vs Election Tribunal and others, 32 DLR (AD) 186 and Md. Shahjahan vs. Md Sadeq, 38 DLR (AD) 275. 9. He also submitted that the revision Court also fell in serious error on merit of the case in setting asid...... occasioning failure of justice. 22. In the result, the Rule is discharged with cost. Cost is assessed at taka two thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported i...... objection denying all the allegations. 4. The petitioner and the opposite parties both examined three witnesses each in support of their respective cases. After closure of the evidence at the trial of the case, the Election Tribunal fixed 8-5-2004 for arguments. 5. Then, it appears ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Refer..Category: Election Law | Date: | Hits: 99
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... Khatian No. 233 and the new Khatian No. 113 of Mouza Shontesh, Police Station and District Tangail belonged to one Kangal Chandra Denajir. However, after the death of Kangal Chandra Denajir his only son Roma Charan Dey became the owner-in-possession of the case plot by way of inheritance. Subsequen......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......n. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismissed the case on the observation, inter alia, that the pre-emptor opposite party No......ce. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
.... incorrect nature of land in the auction notice published in the newspaper. After registration of lease agreement dated 2-12-1990 and taking possession, the plaintiff came to learn from the report on soil test dated December, 1990 that there is a ditch at a depth of minimum 40 feet filled up with ga......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......was in possession in the suit land. d) Whether the plaintiff was entitled to get a decree as prayed for. e) To what relief, if any, the plaintiff was entitled to. 6. In course of trial, the plaintiff examined two witnesses, of whom PW 1 Abdul Matin Crore proved the letter dated ......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....lication under section 96 of the State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for preemption as owners holding land contiguous to the land transferred by the predecessor of opposite party No. 4(Ka) to 4(Cha) and opposite party No. 5 to opposite party Nos. 1 to 3 by ...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appeal No. 58 of 2000, which affirmed the order of the trial Court dismissing the prayer for preemption. 2. Petitioners made an application under se...... Ed This Case is also Reported in: 59 DLR (2007) 116. ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
.... papers submitted by both the parties and find that the plaintiff mortgaged 17.5 decimal of land in the local Janata Bank and he became a defaulter and that his land has been attached and it has been sold in auction. This document proves that there was amicable partition among them. In view of that ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......ndants from changing the nature and character of the suit property and from proceeding with the construction work. The present appellant along with others appeared and contested the same. The learned trial Court by the impugned judgment and order allowed the petition and restrained the defendant Nos......…Appellants Vs. Md. Rezaul Hoque Patwary & others …………………….Respondents Judgment July 17, 2006. Cases Referred To- Abul Kalam Engineer and another vs. Nasiruddin Howlader and others 54 DLR 515; Ali Ahmed vs. Rezia Begum and others 1986..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....dants construct such a dam in the upstream of Balukali khal or take such a scheme for construction of dam in the-upstream, the people of Sailokupa Mouza will suffer irreparable injury during rainy season. Therefore, the plaintiffs were constrained to file the suit. 4. Defendant Nos. 15-36 con...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... of previous grudge and enmity, the plaintiffs have filed this suit. 5. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. 6. The trial Court decreed the suit. The contesting defendants appealed against the decree. The lower appel......ase is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....ribunal Case No. 397 of 1993 where the accused-appellant has been found guilty of the offence punishable under section 25 C(1)(a) of the Special Powers Act, 1974 and sentenced to suffer rigorous imprisonment for one year with fine of Taka 1000 in default to suffer 3 (three) months rigorous imprisonm......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt of other PWs under section 161 of the Code of Criminal Procedure and sent the seized articles for chemical examination. Ultimately, he submitted charge-sheet against the accused-appellant to stand trial for committing the offence punishable under section 25C of the Special Powers Act, 1974. 4.......or the State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haque J.- This Appeal under section 30 of the Special Powers Act, 1974 (Act XIV of 1974) is directed against the judgment and order dated 12-7-94 passed by the learned Judge of the Special Tribunal & Assistant Sessions..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....etropolitan Special Tribunal No. 11, Dhaka In Metropolitan Special Case No. 77 of 2002 convicting the appellant under sections 19A and 19(f) of the Arms Act and sentencing him to suffer rigorous imprisonment for a period of 14 years and 7 years respectively and both the sentences to run concurrently......he defence. PW 10 was cross-examined by the defence where he categorically stated that during the occurrence he was present in the place of occurrence and also stated that nobody from the BR Hall was called before preparing the seizure list. 14. PW 6 Matiar Rahman is the informant of the case......ure of the witnesses. Hence is this case. 3. The police after investigation of the case submitted charge-sheet under section 19A and 19 (f) of the Arms Act against the accused-appellant and on trial the case record was transmitted to the Metropolitan Senior Tribunal, Dhaka which was recorded ......State 27 DLR 251; Abul Hossain Master vs. State 44 DLR 159; Iftekhar Hossain Choudhury vs. State 47 DLR 451; Syed Khalilulla Salik vs. Md Rahmat Ullah 49 DLR 16; Abul Kashem vs. State 50 DLR 356, 551 and 515. Lawyers involved: ABM Bayezid, Advocate—For the Appellant. Nikhilesh..Category: Criminal Law | Date: | Hits: 27
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