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Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....rent findings of fact should not be disturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and......n (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result......es and exhibited Ka-Cha series. It was stated that although the plaintiff was able to prove this case by producing registered documentary evidences against the defendant but the learned trial Court illegally decreed the suit for 8 decimal to the plaintiff. 7. Being aggrieved by the judgment and d..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....s H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. All these Rules concern common questions of fact and law and are therefore taken u......eported in: 59 DLR (2007) 410. ......a) of the Gazetted Officers (National Securities Intelligence) Recruitment Rules, 1981, (Annexures H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ntained in Annexure-C should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner was a former Member of Parliament. He served as Minister for Labour and...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustaf......rruption Act, 1947 (Act II of 1947) pending in the Court of Divisional Special Judge, Dhaka as contained in Annexure-C should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... respondents to show cause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made il......l Jurisdiction) Present: Mir Hashmat Ali J SAK Md. Dabirush-Shan J Mahbub-ur-Rahman Chowdhury……………………………………Petitioners Vs. DG, Bureau of Anti-Corruption and others ………………….Respondents Judgment April 24, 2007. Cases Referred To- ......ure-B to this petition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawful authority and is of no legal effect and/or such other or further order or or..Category: Anti-Corruption Laws | Date: | Hits: 150
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....not come within the purview of ingredients of section 302 of the Penal Code and, as such, the appeal should be allowed and the accused-appellant be acquitted as the impugned judgment is not legal and proper. In this connection, learned Advocate has cited some decisions on "last seen" reported in 43 ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment February 26, 2007. Cases Referred To- State vs. Khasru, 43 DLR (AD) 182; Shamsuddin Sarker vs. State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 320; ......ence does not come within the purview of ingredients of section 302 of the Penal Code and, as such, the appeal should be allowed and the accused-appellant be acquitted as the impugned judgment is not legal and proper. In this connection, learned Advocate has cited some decisions on "last seen" repor..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....cres of land described in the Schedule of the plaint, is illegal, fraudulent, without consideration and for cancellation of the deed. 3. The plaintiff's case put in a nutshell is that the suit property has belonged to her, that her son defendant, about 12 years back, took her to the Naogaon H......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......cate—For the Petitioner. ASM Rahmatullah, Advocate—For the Opposite-Party. Civil Revision No. 2328 of 2001. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 25-3 2001- passed by the learned Subordinate..Category: Property Law | Date: | Hits: 26
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....amsharabad, Lakshmipur due to abatement of LA Case No. 34 of 1993-1994 and publish the same in the official Gazette and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners claim to have purchased an area of 283/4 decimals of land in Mouza Sha...... Case is also Reported in: 59 DLR (2007) 383. ......ow cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondents should not be directed to release 283/4 decimals of land belong..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....Writ Petitions) would not be declared to have been passed without any lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. At the time of issuance of the Rule, the petitioner, however, obtained an interim orde...... Mohammad Jahangir Alam, Advocates—For Respondent No. 2. (In all the Writ Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of f....... 22 of 2002, 21 of 2002, 23 of 2002, 24 of 2002, 27 of 2002 and 25 of 2002 (Annexure-A to all the Writ Petitions) would not be declared to have been passed without any lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....rsations were made after the occurrence. Those two arrested persons were neither made accused nor cited as witnesses of the prosecution side. Though it was an important clue to identify offenders, no proper investigation was made in that direction. In support of the said testimony, the connected pol......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour......o be involved in his murder. However, he denied truth in the reports by saying that he raised protest against those news items and that it was also published in the newspaper, but he did not take any legal action against the false report. According to his testimony, the victim Shujan used to reside ..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....nior Assistant Judge-in-Charge, Barguna in Title Suit No. 78 of 2000 in disÂmissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the petitioner's case that the opposite party No. 1 as plaintiff on 30-5-2000 in......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh...... party No. 1 as plaintiff on 30-5-2000 instituted Title Suit No. 78 of 2000 before, the Court of Senior Assistant Judge, Barguna for cancellation of Kabala dated 5-1-1991 by reason that the same is illegal, collusive and without consideration. The plaintiffs case is that one Urful Bibi owning and po..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ndustries Ltd 4 BLC (AD) 229 . Lawyers involved: Dr. M Zahir, Senior Advocate with Ziaul Hasan, Advocates—For the Petitioner. Rafique-ul Huq, Senior Advocate with Kamal-ul Alam and Md. Tosadeque Hossain, Advocates—For the Opposite Parties. Trade Mark Application No. 9......gin of the goods marketed under the name "Diploma" and resulting in decreasing turnover and loss of goodwill and business reputation of the petitioner. Bonlac further claims that being unaware of the legal provisions relating to registration of trade marks, it failed to oppose the registration of tr..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. At the time of issuance of the Rule, all further proceeding in CR case No. 509 of 2000......s Case is also Reported in: 59 DLR (2007) 328....... Provision of sections 467/468/471 of the said Code and to initiate criminal proceeding against the executant and recipient of such document. Therefore, we find substance in this Rule challenging the legality and propriety of the proceeding in CR case No. 509 of 2000 which appears to be an abuse of ..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) of the......Golam Kibria, Advocate — For the Petitioner. M Imman Ali, Deputy Attorney-General— for the State. Criminal Revision No. 611 of 1998 Judgment Amirul Kabir Chowdhury J.- Challenging the legality of an order refusing to furnish certified copy of statement of co-accused under section 164..Category: Criminal Law | Date: | Hits: 25
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... customer. This fiduciary relationship is the crux of the Provision of section 405 of the Penal Code which clearly defined the offence of "criminal breach of trust" as when a person is entrusted with property who dishonestly converts the same for his own use of that property or dishonestly uses or d......d in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been c...... comprised in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, h..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ding in the Court of Magistrate, First Class, Natore under sections 465/471 of the Penal Code should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. At the time of issuance of the Rule the accused petitioner obtained an order of stay for all...... High Court Division (Criminal Revisional Jurisdiction) Present: AFM Abdur Rahman J Noor Alam Hossain……………………Accused-Petitioner Vs. State and others……………………….Opposite Parties Judgment June 25, 2006. ......edure any court is empowered to send for appropriate steps against a person who is alleged to have created a forged document and submitted the same in a proceeding as an evidence in order to obtain a legal benefit out of the said forged document. But before embarking upon the provision of section 47..Category: Criminal Law | Date: | Hits: 40
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......M Khairul Haque J SM Ziaul Karim J AKM Shamsuddin…………………………………………………………………………..Petitioner Vs. Secretary, Ministry of Establishment and others………………………..Respondents Judgment April 26, 2007. Cases Referred ......, 2001 (Annexure-B) issued by the respondent No. 3, Joint Secretary (Police), Ministry of Home Affairs, Police Section-1.should not be declared to have been made without lawful authority and is of no legal effect and the respondents are also asked to show cause as to why, announcing the termination ..Category: Employment/Service Law | Date: | Hits: 76
.... Judge and Arbitrator, Narayanganj, held that the sale figures were much below the value of the lands of same description in the same vicinity and accordingly assessed the value at Taka 15 lakh being proper and reasonable.
6. Against the said judgment and order, the appellant filed Arbitration Ap...... BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......e Judge, Narayanganj.
3. The appellant contested the arbitration cases by filing written objections stating that the Deputy Commissioner, Narayanganj, assessed the valuation of the lands acquired legally as per Government Circular. The appellant further claimed that there was not basis of claim ..
Category: Property Law | Date: | Hits: 37
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....dividual, association of persons or any other organization; (g) to undertake studies and research of national and foreign newspapers, their circulation and impact; (h) to provide facilities for proper education and training of persons in the profession of journalism; (i) to promote technica...... Md. Nizamul Huq J Aminul Haque Shamim (Md)…….………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Information and others........................Respondents Judgment January 6, 2003. Lawyer Involved: ......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....o. 1 is not legally ethically entitled to encash the Guarantee No. 14/01 dated 30-3-1985 issued by the I defendant No. 7, the Manager, Rupali Bank, Brahmanbaria Branch, Brahmanbaria until it pays the proper and lawful value with compensation and interest for its illegal use and occupation of the sui...... at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... the Subordinate Judge at Brahmanbaria a decree, a. declaring the right and title of the plaintiff in the suit land; b. declaring the use and occupation of the suit land by defendant No. 1 is illegal, unauthorised and malafide. c. defendant No. 1 is not entitled to own the suit land under p..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ate Additional Commissioner of Taxes found any error in the method of accounting or in the account itself and also did not arrive at any finding that on the basis of the account it is not possible to properly deduce income therefrom. The learned Advocate further submits that this legal aspect of the......e Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Assistant Commissioner of Taxes was justified to resort to......or in the account itself and also did not arrive at any finding that on the basis of the account it is not possible to properly deduce income therefrom. The learned Advocate further submits that this legal aspect of the case was also not considered by the Appellate Tribunal in rejecting the appeal a..Category: Fiscal/Taxation Law | Date: | Hits: 65
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