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....he said Miscellaneous Case No. 32 of 1993-94 along with the petition has been annexed to this writ petition and marked Annexures ‘C’ and ‘CI’ respectively.
3. The petitioner, amongst other facts, also alleged that after he filed a criminal case, the said Alkas Mia in collusion with the re......rt Division
(Special Original Jurisdiction)
Present:
Md. Ruhul Amin J
Bijan Kumar Das J
Abarak Ali…………………… Petitioner
Vs.
Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent
Judgment
August 11, 1998.
Lawyers ......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint case in the Court of Senior Specia...... Present: Khondker Musa Khaled J Salma Masud Chowdhury J Chitta Ranjan Das @ Chitta Ranjan Sinha………………………….Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment ......enue officer for disposal of the mutation case cannot be characterized as judicial function. Because the revenue officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are undertaken by them and orders passed for mutation in a mutation pr..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
.... of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mostafa f1led the above mentioned....... ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
.... the knowledge of the prescribed authority at the instance of interested quarter including defendant No.7 and learned Subordinate Judge failed to consider question of cancellation of the lease in the facts and circumstances of the case and on the evidence on record. In support, he cited Sati Prasann......on)
Present:
Md. Abdur Rashid J
S Rahman Miah J
Sultan Mahmud Chowdhury ............................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Referre....... Hence, this appeal.
11. Mr. Hashnat Quayum, learned Advocate for the appellant, submitted that plaintiff proved the existence of a running factory on the suit plot which was also admitted by the evidence of the defendants, but learned Subordinate Judge dismissed the suit on the wrong view of th..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....gainst an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite party Nos.1 to 4 as plaintiffs ins....... This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......d written statement it was categorically stated that said rent receipts were forged, collusive and procured. Then, the plaintiffs submitted the rent receipts only in 1999 in order to adduce them into evidence. In view of section 103 of the Evidence Act, it was incumbent upon the petitioners to prove..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....azrul Islam, learned Senior Advocate, submitted that determination of price of the land by the arbitrator was imaginary, baseless and against the law and such assessment could not be sustained in the facts and circumstances of the case. 17. He submitted that the Deputy Commissioner determined the...... High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Refe...... before us. 20. Only issue facing us is, whether or not the learned Arbitrator was justified in allowing the application of the appellant in part in the facts and circumstances of the case and the evidence on record; and on the law. 21. The Deputy Commissioner determined the price on the avera..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....ourt, witness Dr Rehana Khan filed Hajira. Then by order No. 123 of that day, the tribunal fixed for examination of the accused person under section 342 of the Code to examine that witness. 4. The facts relevant to the case, in brief, are as follows: Advocate Azizullah lodged an first informat......ra J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar Tribunal No.4, Dhaka in Druto Bicha......sses named Jahanara Parveen (a Magistrate) and Dr Rehana Khan (a Physician). The petition was filed by the prosecution. 3. By order dated 2‑11‑2003 the tribunal at first closed the prosecution evidence. Subsequently on the same day after rising of the Court, witness Dr Rehana Khan filed Hajir..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....the learned trial Court without consideration of the statement of any witness recorded under section 164 of the Cr.P.C. Their Lordships found no defect in the charge trained in the reported case. The facts and circumstances of the reported case are quite distinguishable. It is applicable case before......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sk Rezowan Ali J AFM Ali Asgar J Matiur Rahman (Md)..............................Petitioner Vs. Nuru Sikdar and others.................Opposite Parties Judgment November 9, 2003. Cases Referred to- ......n the plea of alibi that they were at different places at the time of commission of offences alleged by the prosecution. It was held by their Lordships, "this finding of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....n examined under section 342 of the Code of Criminal Procedure there was no scope for consideration of the said application under section 540 of the Code of Criminal Procedure without considering the facts whether the proposed questions and suggestions intended to be put to PWs 1, 2, 5 and 6 by reca......in: 56 DLR (HCD) (2004) 244. ......r section 540 of the Code of Criminal Procedure vide the impugned order dated 6‑10‑2003 holding an erroneous view that after examination of 15 prosecution witnesses and closure of the prosecution evidence and also after examination of the accused‑appellants under section 342 of the Code of Cri..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....im audit alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, property or other rights of another p......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec...... the Rule issued by this Court and for other obvious reasons, we refrained from passing inquiry, trial or other proceeding under this Code" if his any order and we are of the view that the petitioner evidence appears to it essential to the just decision of the may take the matter in appropriate foru..Category: Criminal Law | Date: | Hits: 63
....ance, 1969 seeking permission for cancellation of registration of the petitioner’s Union on the grounds; (i) that the registration of the Union was obtained by fraud; (ii) by mis- representation of facts; that the petitioner committed unfair labour practice and that its membership fell below 30%.T......
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involve...... upon the respondents to show cause, why the impugned order contained in Memo RTU (174) 91/1087/1(6) dated 20-12-92 issued by respondent No.2 canceling the registration of the petitioner’s union as evidenced by Annexure “D” to the petition and the judgment and order dated 15-6-93 passed by res..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... of Criminal Procedure by the court below. There was therefore no legal impediment for the court below in convicting and sentencing the condemned prisoner relying on his confessional statement in the facts and circumstances of the case inasmuch as the confessional statement is binding on him as its ......J AKM Fazlur Rahman J State..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers ......ded not guilty and claimed to be tried. 5. During the trial, the prosecution in all examined 9 witnesses to prove the offence charged against the condemned prisoner. After close of the prosecution evidence, the condemned prisoner was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to-......adesh. It is, therefore, necessary that a foreign document has to be presented to the Collector of the District within 3 months of its receipt in Bangladesh for being stamped to make it admissible in evidence. A document presented thereafter for being stamped will be impounded after duty and penalty..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....sessment order of respondent No.2, the appraiser, Customs House, Bandar at Chittagong dated 1‑3‑1999 directing to assess the customs duty by adjustment at 1.4508 of the Invoice value. 2. Short facts for disposal of the Rule are that, the petitioner imported 10,400 reams of "Dragon Brand" ciga......al Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustafa Kam......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....er dated 23.06.1998 passed by the High Court Division in thirteen Writ Petition Nos.6923 of 1997, 506, 446, 363, 364, 353, 441, 751, 362, 356, 439, 754 and 511 of 1998 discharging the Rule. 2. The facts of the cases are more less similar however the facts of the Writ Petition Nos. 511 of 1998 are......009. Lawyers Involved: A. F. Hassan Arif, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant (In all cases) Mrs. Naima Haider, Deputy Attorney General and Mrs. Nahida Yesmin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....uction sale on 08.07.2002 and directed the plaintiff to deliver the deposited auction money (25% of bid money) of the petitioner along with compensation money i.e. 5% of the purchase money. 2. The facts, in short, are that the respondent No.1 as plaintiff instituted Money Suit No.21 of 1993 befor...... Md. Abdul Matin J Md. Abdul Aziz J Haji Md. Shamsul Haque.........................Petitioner Vs. Pubali Bank Limited, Tongi Branch, represented by its Manager, Tongi, District-Gazipur and others...................................Respondents. Judgment March 22, 2009. Lawyers ......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75...Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
.... post, since the dismissal order passed by the School could not be approved as the allegations brought against the Head Master were not proved before the Arbitration authority of the Board. 3. The facts relevant in the instant case are that the Shaistabad Moazzem Hossaih High School was establish......n J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: Md. Na......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..Category: Civil Law | Date: | Hits: 90
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... his illness, his friend Mr. Sadananda Rana, learned Advocate, sought permission to move on his behalf and I accordingly, allowed him to make submissions of behalf of the petitioners. 3. The brief facts relevant for the purpose of disposal of the instant Rule are that the predecessor of the petit...... is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....of the Penal Code and sentencing each of them thereunder to suffer RI for 7 (seven) years and to pay a fine of Taka 1000 (one thousand) in default to suffer RI for 1 (one) month more. 3. The short facts leading to these jail appeals are that, on the night following 14‑12‑1993 at about 14‑00......his Case is also Reported in: 56 DLR (HCD) (2004) 218. ....... He has been falsely implicated in this case. 8. The prosecution examined 12 (twelve) witnesses in support of its contention and the defence examined none. The learned trial Court considering the evidences on record, found the accused Shamsul Alam and Abdur Razzak guilty of offence under section..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....ade by the learned Advocate for the petitioner that the impugned order of the learned Additional Sessions Judge discharging the accused opposite party No.2 is not based on correct appreciation of the facts disclosed in the first information report and charge‑sheet, and therefore, it suffers from i......J Abdur Rahman Kha (Md).........Petitioner Vs. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur Ram and others Vs. State of Bihar, 196......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
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