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Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ...... CR Case No. 38 of 2001, now pending in the Court of Magistrate First Class, "Kha Anchal" Magura, should not be transferred to any other competent Court of other Sessions Division. 2. The relevant facts giving rise to the issuance of the Rule are that the opposite party No. 2 Md. Meshab Uddin Kay..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......nce whatsoever on such transfer of fund to said Hamiduddin Ahmed. There is practically no evidence at all of sending any fund to Hamiduddin by Mukhlesur Rahman. 58. It is settled long ago that the question of 'Benami' is essentially a question of fact. In determining such question of fact, there ......an and then got the house built thereupon by his own money is the moot issue in these appeals. 42. In order to appreciate the conflicting submissions of the learned Advocates we need to place some facts before us, which admit of no controversy. In 1963, Mokhlesur Rahman went to England and starte..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......to resolving the conflict in the decision. Accordingly, the Hon'ble Chief Justice by order dated 29-4-2004 constituted this Full Bench to resolve this conflict. Since all these 9 Rules involve common questions of fact and law they are heard and disposed of by this common judgment. 3. The broad fa......dings of the parties in all the writ petitions together with the annexures appended thereto which also include the evidence adduced by the parties in the Labour Court. On overall consideration of the facts and circumstances as well as the evidence and materials on record in these 9 cases we find tha..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......r of conviction and sentence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learned Sessions Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-200......entence passed in Sessions Case No. 128 of 2002 on 30-11-2002 by the learned Sessions Judge, Natore, have been heard together and are being disposed of by this Judgment as common questions of law and facts are involved. 2. Prosecution case, stated briefly, is that on 13-5-2002 informant PW 1, Sub..Category: Criminal Law | Date: | Hits: 49
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....t. By the letter dated 7-8-2004 (Annexure-A) BTRC reiterated its earlier stand. 6. Respondent Nos. 1, 2 and 7 filed separate affidavits-in-opposition. The contention of respondent Nos. 1 and 2 is identical. Their case, in short, is that the exclusivity clause of the Licence Agreement is against ...... which runs as follows: "(6) The legality or propriety of an order issued, or any amendment with regard to a condition or content of the said document made, under this section cannot be called in question in any court." Where Civil Court cannot sit upon an order of BTRC under section 90 of t......Tel/2002-11777 dated 7-8-2004 issued by respondent No. 2 under the signature of respondent No. 6 (Annexure-Al) should not be declared to be without lawful authority and of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are; On 22-11-1998, the Ministry of Posts and T..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......titioner. (In Writ Petition No. 28 of 2002)
Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3.
Writ Petition Nos. 28 and 1971 of 2002.
Judgment
Syed Amirul Islam J.- Common question of law and facts are involved in these two Writ Petitions and, as such, they were heard tog......etition No. 28 of 2002)
Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3.
Writ Petition Nos. 28 and 1971 of 2002.
Judgment
Syed Amirul Islam J.- Common question of law and facts are involved in these two Writ Petitions and, as such, they were heard together and are being ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......n conspiracy and collaboration with the Upazila Development Co-ordination Committee and the local politically influential persons aided by their mastans, try to control the lease of the Cattle Hat in question and other Hat Bazars in the area. As a part of this manoeuvre and conspiracy in retaining t......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purchase on 12th ...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504....... Applicant. AFM Ferojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes App....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......the trial Court is directed to consider the application filed under section 151 of the Code of Civil Procedure to set aside the order of abatement and since the mistake was committed by the Court the question of limitation may be considered leniently, and the petitioners be allowed to file a separat......gned order, rejecting the prayer under section 151 of the Code of Civil Procedure.
8. Mr. Md. Moksed Ali referred 1985 BLD 157 Kamal Anwar and others Vs. Md. Kabir Khan. In this reported case, the facts are almost same. Mostafa Kamal, J (as he then was) held, “the order of dismissal for default..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......stant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment and decree dated 26-6-75 passed by the Subordinate Judge, Add......on whom the onus proof lies in this case. The plaintiffs claim that they are citizens of India whereas the alleges that they are citizens of Pakistan. Ordinarily, it is for the plaintiff to prove the facts on which his prayer for relief is based. But if the plaintiffs are able to prove that they wer..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......of the Transfer of Property Act defines mortgagors of different kinds. The recitals of the Exhibit 2 in any manner do not contain any statements that the transferor is a mortgage. So, the transfer in question cannot be treated as a mortgage or even from the endorsement, it cannot be said that it was......so not been examined. One Hari Sadhan has been examined as P.W.2 who could not prove the genuineness of the endorsement as to its contents. 14. It is a dispute involving the point of law more than facts, to be decided whether the transfer by Exhibit 2 was a mortgage which took place in the year 1..Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......the special law is silent. The Chittagong Hill Tracts Regulation, which is a special law and since there is specific bar, the procedures in Civil Procedure Code will not be applicable.
15. Now the question is whether the Deputy Commissioner or the Divisional Commissioner while exercising Civil Ju......r, upon the viva-voce examination of the parties, to make a justice award between them. Witnesses should not be sent for, except when the officer is unable without them to come to a decision upon the facts of the case”.
The Deputy Commissioner has been invested with the power to decide civil di..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......1(ga), 1(Uma). Civil Rule No. 128(S) of 1995. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of Sreemati Parul Bala alias Parul Rani Saha Mondal and another, and it calls in question the judgment and decree dated 31-3-1979 passed by the District Judge, Noakhali in Title App......lged by cross-examination by the defendants in this suit and it has got substance and can be accepted for making the conflict simpler and easy to understand and to be decided. 28. In the aforesaid facts and circumstances of the case and evidence on record and from the order passed by Exhibit 6 by..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ...... law. Social stability and order are required to be regulated by punishing offenders, criminals, terrorists and armed cadres. The society will suffer if person like convict-appellant are let off on a question of technical non compliance and procedural defect and it will be a mockery of justice to pe....... On reappraisal and reassessment of evidences of three police witnesses (P.W.s 1, 2 and 3) we are, also, of this view that their testimonies were credible and trustworthy and inspire confidence. The facts and circumstances of the referred case got no bearing at all in the fact and circumstances of ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a s..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ...... BLD (AD) 12 = 40 DLR (AD) 290 wherein it has been observed, that, ”the dying declaration deserves to be ignored because it was not a voluntary statement of the deceased but was made in response to questions put by the doctor and the questions were not recorded by the doctor—It is a great puzzle......ate reported in 35 DLR 41 and in this case it has been held that, “Neither P.W.9 nor P.W.10 was named in the first information report, nor in the charge-sheet. They came to depose certain fresh facts which contain some serious allegations against the accused. The Special Tribunal cannot accept..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452....... from consideration on the ground that why the Advocate Commissioner could not say the area of the land or the boundary thereof. The appellate Court failed to notice that such statements were made to questions asked beyond the terms of the reference for investigation, and he had to reply from his me......tiffs have no possession in the suit land on consideration of the evidence on record and such finding being a finding on fact must be held to have been concluded by the decision of the final Court of facts. He also supports the view of the Court of appeal below that the plaint was not signed by many..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......er, the impugned order of detention of the said vessel is declared illegal and without jurisdiction as it was not made in accordance with law. 7. In terms of the contract of supply of the cargo in question dated 12-1-1999 the letter of credit was negotiable for 90% value of the rice on submission......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......light of our above discussion we find that the learned trial Court has rightly convicted the condemned prisoner Shamim for the offence punishable under section 302 of the Penal Code. 43. As to the question of sentence the learned Advocate for the condemned prisoner submits that the sentence is to......plicated in this case. 6. The prosecution in this case in all examined 16 witnesses and the defence examined none. The learned Additional Sessions Judge in consideration of the evidence on record, facts and circumstances of the case convicted the condemned prisoner Shamim @ Shamim Sikder under se..Category: Criminal Law | Date: | Hits: 50
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