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Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......ed this Court and obtained the present Rule. 10. No one appears in support of the Rule. 11. Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State, submits that in view of the fact that the prosecution has proved the guilt of the accused petitioner by convincing a..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329....... It is not clear as to whether the learned Magistrate dismissed the petition of complaint holding that the claim of the complainant or that he is taking adjournment in order to harass the accused. In view of such facts and circumstances we are unable to support the impugned order and, as such, the s..

Category: Criminal Law | Date: | Hits: 63

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. ......ate. It is against this judgment that the accused petitioner moved this Court and obtained the present Rule. 9. Mrs. Shahnaz Huq, the learned Advocate appearing for the petitioner, submits that in view of the fact that the prosecution has failed to prove the charge against the accused appellant b..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....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. ......98 from one of its German Buyers for supply of Ready-made garments. On receipt of the said Master LC the petitioner was in an immediate need of fabrics to meet the LC requirement and with that end in view made enquiry at Singapore with Chinsin Enterprise who informed the petitioner that a consignmen..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....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. ......rmonious construction of the offer Letter, Letter of Appointment and the Contract vis-a-vis subsequent Letter of Re-appointment and the subsequent contract. 18. On harmonious interpretation in our view as per original offer letter, letter of appointment and the contract the petitioners were appoi..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......the appeal and the learned Appellate Judge after giving ten adjournments because of their absence, ultimately heard the appeal ex parte on 9-11-1991 and delivered the judgment on 11-11-1991. 9. In view of the above facts and circumstances, the miscellaneous case filed under Order XLI rule 21 is l..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......tioners are liable to be exonerated of the charges and subsequently the order of dismissal from service has been passed without any lawful authority. The learned Counsel has further submitted that in view of the provision of Rule 43(5) and 43(6) of the BJMC Service Regulation 1990, the second show c..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....vestigation. It is to be emphasized that this Court is always in favour of supporting a discretion exercised by a Court subordinate to it unless it can be shown that the discretion has been exercised erroneously, perversely and cannot be supported in reason. 18. The learned Assistant Judge consid......obliged to hear the parties in disposing of a Civil Revision petition and a judgment can be pronounced in the absence of the parties when they had opportunity to appear but failed to appear. For this view taken by me, I am fortified with authorities of our jurisdiction in Darshatullah Vs. Manik Mond..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......all have not to pay the decretal money at all, and hence this revision and the Rule has been issued. 3. Mrs. Rabeya Bhuiyan, the learned Counsel for the judgment debtor petitioner, submits that in view of the provision of section 16(3B) of the Family Courts Ordinance, 1985 the judgment debtor sha..

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......fendant No. 1 in Other Suit No. 115 of 1998 contested the injunction petitions by filing written objections contending that neither the original suits nor the injunction petitions are maintainable in view of sections 54, 55 and 56 of the Specific Relief Act. 11. By separate judgments both dated 8..

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......also submits that since the provision of section 96(2) of the State Acquisition and Tenancy Act has distinctly provided that all the co-sharers to be made parties in a pre-emption proceeding, in that view also the pre-emption cases, were not maintainable for non-substituting of the heirs of the said..

Category: Property Law | Date: | Hits: 58

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......roceeding of SCC Suit No. 8 of 1994. 5. As against that the petitioners moved this Court and obtained this Rule. 6. Mr. Mahmudul Islam, the learned Advocate for the petitioners, submits that in view of the established legal position as enunciated by the Appellate Division in the case of Md. At..

Category: Property Law | Date: | Hits: 57

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....... as there is nothing to show that he did not comply with any formalities as provided under law. The mere absence of printed form for recording the confessional statement of confessing accused, in our view, cannot make the confessional statement of the confessing accused inadmissible in evidence. Sin..

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......ons of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very clear from our judgment that the Rule was discharged on merits. Now the question po..

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......ons of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very clear from our judgment that the Rule was discharged on merits. Now the question po..

Category: Criminal Law | Date: | Hits: 52

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....... this Court should travel beyond its fixed path to lay down a law bringing an application under section 38 of the Companies Act, within the ambit of the residuary Article 181. I am, therefore, of the view that applications under Article 181 are restricted to application under the Civil Procedure Cod..

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.......order passed by the learned Assistant Judge, the petitioner moved this Court and obtained the present Rule. 4. Mr. Zainul Abedin, the learned Advocate appearing for the petitioner, submits that in view of the fact the order of suspension is not a punishment and not a final order, the plaintiff ha..

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.......hat the plaintiff’s claim both for title and possession is not supported by any valid and cogent evidence. Then the learned Assistant Judge proceeded to determine the maintainability of the suit in view of the provision of section 66 of the Code of Civil Procedure and his clear conclusion, conside..

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......olding that the lands in question were recorded as canal and river and used by the people in general. The petitioner being aggrieved by the said order passed by the Member Land Appeal Board filed a review petition being VP Case No. 5-45/93 Review (Khulna), but the Board by its impugned judgment date..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....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....... upon the husband to give 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 o..

Category: Family Law | Date: | Hits: 180