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Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......The writ petitioner, for reason best known to him, did not annex the order of dismissal. The Annexure-A is a copy of the certificate certifying the order of dismissal detailing the service period. In view of the contents of the official sheet of paper containing the order of dismissal referred to ab..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505....... along with 4.546 acres of land in C.S. Plot No. 128 Mouza Natun Paltan Line, Dhaka, relying on the allotment made by the Government in the year 1985, for constructing a Market thereupon with a prime view to accommodate the members of the Hazrat Baku Shah Hawkers Market Somabaya Samity in reference,..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......No.1 and that the plaintiff is in possession of the suit land since the date of said contract. The High Court Division also did not find any fault with the said findings of the Courts below. In view of the above, we find no substance in the submissions of the learned Counsel for the petition..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... Court Division in Civil Revision No. 2531 of 1993 the impugned judgment of the Court of Appeal below was not liable to be interfered with by the impugned judgment of the High Court Division. In view of the above, the submissions of the learned Advocate for the petitioners deserve consideration..Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......given by the assessee and further submits that allowing of any over draft against the LC by a bank is illegal and on that count the explanation of the assessee ought to have been rejected and that in view of the above circumstances the Taxes Appellate Tribunal was not justified in confirming the ord..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......opposed the application by filing a written objection. On 14-6-2001 the application along with the objection was heard and rejected by the learned Subordinate Judge by the impugned order being of the view that further proceedings of the family suit could not be stayed under section 151 of the Code s..Category: Family Law | Date: | Hits: 185
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......agree with Mr. Chakraborty that the learned District Judge has committed an error of law in finding that the remedy of the plaintiff A.B.M. Hamid Khan lies in the Administrative Tribunal. In such view of the matter the proper forum for both the cases cannot but be one and the same. 10. In dis..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84.......he attesting witnesses to the summons and who were present at the time of serving the summons. Mr. Momen also contends that D.W. 2 also was unable to say that on what paper he put his signature. In view of such deposition of the D.W.2, the learned Advocate submits that the court committed an error..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......competent to proceed with the trial of such cases and if there is any error, omission, irregularity in the trial the same is curable under the aforesaid provision of the Code, He also submits that in view of the provision of sub-section (3) of section 339 Cr.P.C. sanction for the prosecution is nece..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......6 P.C. 253. Before recording a confession a Magistrate is bound to make real and substantial inquiry as to the voluntariness of the confession. In so doing he must put questions to the accused with a view to finding out the real object of the confession, whether it is made out of repentance or for a..Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......be settled after full evidence has been properly taken. And High Court shall not proceed to settle the disputed facts, requiring taking evidence. There is a long line of decision in favour of the view that the High Court should not enter into disputed questions of fact nor decide any question as..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......on under Article 102 of the Constitution being writ petition No. 674 of 1988 to this Hon’ble Court challenging the validity of the said election but with leave of the court withdrew the same with a view to filing another petition subsequently by way of Quo Warranto. The petitioner came to know t..Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649........ As such, the High Court Division at the time of hearing of the Rule on 25.10.2009 rightly found the Rule infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (201..Category: Civil Law | Date: | Hits: 76
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
.... other papers on record. 7. It appears that the High Court Division found that the application under Order 7 Rule 11 of the Code of Civil Procedure was illegally allowed and plaint was rejected on erroneous ground that there was no cause action for filing the suit. The High Court Division conside......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644...Category: Procedural Law | Date: | Hits: 81
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......ng that at present there is none to look after the property and therefore it was necessary to appoint receiver to look after the same and to run the administration of the waqf estate. 7. In such view of the matter the High Court Division has rightly set aside the order of the learned Joint Dist..Category: Property Law | Date: | Hits: 27
....er, the revisional application was filed mainly on the grounds amongst others that the Court of Appeal below by misreading the evidence on record allowed the appeal with wrong findings and came to an erroneous decision causing failure of justice. It is the case of plaintiff that in the C.S. Khatia......e important documents in the C.S. Khatian Ext.1 which is mentioned as shashan, as such, the mere recording of the suit property as khas property is evidently wrong and without any foundation.
In view of the above, the submissions of the learned Counsel for the petitioners deserve consideratio..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ...... IT Ordinance, 1984?” 4. It is contend on behalf of the Revenue that the Taxes Appellate Tribunal was not justified in reversing the decision of the Appellate Additional Commissioner of Taxes in view of the fact that the substituted provision of section 153(3)(a) of the Income Tax Ordinance cam..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464....... classic case in which the Court must ask for the evidence of natural, probable independent witnesses to lend assurance to the evidence of interested and partisan witnesses. We are, therefore, of the view that the learned Assistant Sessions Judge failed to properly apply his judicial mind into the f..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......g suits filed by any financial institutions in respect of their claims arising out of the loans allowed by them, would stand transferred in the respective Artha Rin Court within the District. In that view of the matter this Money Suit No.1 of 1988 stood transferred to the Artha Rin Court on and from..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... a mandatory nature. We find substance in the submission of the learned Advocate for the respondent No. 4 inasmuch as the petitioner did not participate in the tender for the lease in question. In view of the Rule is liable to be discharged with costs. In the result, the Rule is discharged wit..Category: Property Law | Date: | Hits: 22
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