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Babar Hossain Vs. State, 2000, 29 CLC (HCD)
.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......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 and sentence must be set aside in the in...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....o.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 petitioner for In-Bond Ware Housing. 2. The petitioner is a private limite......uch, there was no legal basis for the respondents to pass the impugned order on the facts and circumstances of the case. The learned Advocate further submits that it is apparent from the materials on record as well as from the concerned file of the Customs Authority that at the instance the petition......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....taking by, or on behalf of, the public authority which has the duty of making the decision, if the authority has, through its officers, acted in any way that would make it unfair or inconsistent with good administration for him”
41. The resolution of the 174th Board Meeting of the Biman is a st......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.
......ilst at work, no slightest difference is there between the work actually undertaken on the flights by any permanent stewards/stewardesses on the one hand and any steward or stewardess of the contract service on the other hand. By an organogram (Annexure-B to the petition), Biman sets out its Revised..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
.... a summons sent by registered post and returned with the endorsement refused is prima facie evidence that the addressee had an opportunity to accept it and the service, thus effected, is therefore, a good and valid service and that to invalidate such a service the defendant must expressly prove to t......ional District Judge rightly set aside the earlier ex parte order and, as such, prays that the Rule is liable to be discharged. 6. I have heard the learned Advocates of both sides and examined the records. It appears that the opposite party Nos.1 to 3 were joint mutawallis of a Waqf estate. They ......iscellaneous case being Miscellaneous Case No.7 of 1992 under Order XLI rule 21 of the Code of Civil Procedure, praying for setting aside the earlier ex parte order on the ground, inter alia, for non-service of summons upon him. After hearing, the learned District Judge, Narayanganj, by his order No..Category: Trust/Waqf Law | Date: | Hits: 189
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19. In view of the aforesaid materials that nothing tangible could be produced by the Chalantika Football Team through any of the office bearers, the receipt of an amount on account of selling of goodwill of BJMC Football team by the petitioners is not proved and could not produce documentary ev......Counsel has further submitted that the impugned order dated 19-11-97 has been passed on perusal of the reply to the show cause notice and the finding of the enquiry officer together with materials on record and, as such, the impugned order does not suffer from infirmity so as to be interfered with i......ow cause notice pursuant to rule 43(6) but did not serve the copy of the enquiry report as required under rule 43(5) and asked the petitioners to show cause as to why they shall not be dismissed from service within 7 days from the date of receipt of the second show cause notice under Memo No. BJMC/p..
Category: Employment/Service Law | Date: | Hits: 87
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......, in the exercise of supervisory power under section 115 of the Code, I propose to dispose of the Rule on merit.
2. The subject matter of challenge in this Rule is an order dated February 17, 1999 recorded by the learned Additional Assistant Judge, Court No. 4, Dhaka in Title Suit No. 58 of 1998 ......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
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Category: Property Law | Date: | Hits: 68
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......n the present informant visited the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to morgue for holding post-mortem examination, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure, arrested the accused ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......ance petitioner as a member of Dhaka Stock Exchange Ltd. is bound to maintain accounts and other documents of all shares transactions and under Rule 8 (I)(e) of the said rules is required to maintain record of his transaction with banks and under the provision of section 21(3) of the said Ordinance ......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......session of the said room of the Dhaka Stock Exchange Building to the petitioner. 5. The petitioner as transferee of the said share filed an application on 20-3-81 to Dhaka Stock Exchange Ltd. for recording/registering the transfer of the said share and the room in favour of the petitioner. In ad......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......he Court should interfere in such a case in the interest of justice. 13. I have carefully gone through the impugned order as well as the petition for rejection of the plaint. From the materials on record, it is found that the learned Assistant Judge was perfectly justified in passing the impugned......ice Regulation of the Teachers, Officials and employees of the Colleges but may take disciplinary action provided that a teacher shall not be placed under suspension and shall not be removed from his service before affording opportunity to him to refute the allegations brought against him. Mr. Quayu..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......to Safaruddin Faraji, Alimuddin settled 2.71 acre of land to Olimuddin who died leaving a son Mahajuddin, daughter Laxmi Bibi and wife Shajal Bibi. During CS operation the said 2.71 acres of land was recorded in the name of Menhajuddin and Laxmi Bibi in CS Khatian No. 689. Plaintiff No. I is the son......n No. 687 and there having no khas land, the auction purchaser Asmat Ali could not have acquired any title and interest in the land of Khatian Nos. 688 and 689 unless the under tenancy is annulled by service of notice as contemplated under section 167 of the Bengal Tenancy Act and he says that there..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....ections 22, 23 of the Public Demands Recovery Act within the time limit a party has no right to seek revision under section 53 of the Public Demands Recovery Act. The petitioner purchased the land in good faith in auction for establishing dairy and agriculture farm. The Member of the Land Appeal Boa......ul authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25 acres of land under SA Khatian No.2 under Mouza Balabunia, Police Station-Dumuria, District Khulna was recorded Nripendra Nath Ghosh, Hemandra Prasad, Subhash Prasad, Narayaan Chandra Chowdhury, Mrinal M......…………………………….. c) ……………………………………………… Section 23 provides for the application to set aside sale and immovable property on ground of non-service of notice or irregularity. This section provides that where immovable property has been sold..Category: Property Law | Date: | Hits: 107
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... 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. ......en violated this suo moto Rule was issued. After service of the Rule contemner has appeared in person and filed an affidavit tendering unqualified apology. 3. We have gone through the materials on record and also the affidavit filed by the contemner. It appears that before making the reference by......neous 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 this suo moto Rule was issued. After service of the Rule contemner has appeared in person and filed an affidavit tendering unqualified ap..Category: Criminal Law | Date: | Hits: 45
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....e is illegal such direction for restitution of conjugal right as consequential relief is wrong and unenforceable in law. Such direction in matters of relationship between man and wife no longer holds good and is opposed to the principles laid down in Articles 27 and 31 of the Constitution. Therefore......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......notice under section 7 of the said Ordinance. If he failed to do so intentionally the very object of the said section becomes redundant.” The Court, however, was of the view that- “Mere non-service of notice upon the Chairman of the Union Council under section 7 of the Muslim Family Laws O..Category: Family Law | Date: | Hits: 180
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....sent case is by no means, similar and simple. Here the plaintiff is neither the buyer nor the promoter of the LC but a seller who seeks to prevent payment of money, not representing price of supplied goods, but agent’s commission, which the negotiating bank is proposing to pay, to a person, who is......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ludes establishing contacts with supplier’s fabrics and accessories, negotiation with the garments manufacturer, fixation of the sale and purchase of fabrics and garments. In consideration of these services it is paid, what is called, technical fees, the amount of which fees are mentioned in the M..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......sed by him from the opposite party Nos. 5 and 6 in 1992 and that all the papers that came before the court below in that connection were fabricated. It then appeared to this Court that the proceeding record of the said mutation case was not produced before the court below for considering its legalit...... as described in the schedule Kha of the pre‑emption petition to the pre-emptee opposite party No. 1 by a kabala dated 23‑11‑1994 beyond the knowledge of the pre‑emptor petitioner and without service of notice upon him. Under the circumstances he sought pre‑emption of the case land under s..Category: Property Law | Date: | Hits: 53
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....law’s house. In the evening, Abdur Rouf went to their house and inquired about Firoja saying that Firoja Begum came with a briefcase. He warned then, to find out Firoja. Otherwise, it would not be good for them. Then her son helped Abdur Rouf to her father‑in‑law's house. Joynab Begum left wi......he place of occurrence, prepared a sketch map of the place with separate index and examined witnesses Abdur Rahman, Giasuddin Master, Bhanumati, Khadaja Begum, Mumtaj Begum, Abdus Sattar Howlader and recorded their statements under section 161 of Code of the Criminal Procedure. 26. PW 12 Iman Hos...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......ite party No. 1 complainant did not serve the notice within the stipulated period of 15 days from the date of first bouncing or dishonouring of the cheque. He submits that section 138(b) provides for service of notice to the accused petitioner within 15 days from the date of 1st bouncing but in this..Category: Criminal Law | Date: | Hits: 28
Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)
....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ..Category: Criminal Law | Date: | Hits: 70
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......ren in the USA and that at the instance of his enemies the police out of greed and avarice cooked up false cases against the appellant who is a law abiding and peace loving citizen having no criminal record. He further submits that the allegations against the appellant are absurd and preposterous an......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
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