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Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)

....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......t: Kazi Ebadul Hoque J Md. Awlad Ali J Shahid Mia and anothers………….…Petitioner Vs. State……………………Respondent Judgment December 6, 1998. Cases Referred to- Monjurul Hoque vs. State 14 BLD 604, Dula Miah vs. State 44 DLR 209, Riasat Ali vs. Ghulam Mo......gned by the Special Tribunal for rejecting prayer for bail. 6. When the peace loving overwhelming majority of the people of the country are at the mercy of the few unlicensed illegal armed men and law and order of the country is at peril it is common experience that no one comes to Court to depos..

Category: Criminal Law | Date: | Hits: 35

Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)

....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......t High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J Zahur Ahmed…………………….Petitioner Vs. Commissioner of Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule i......999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeki..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......h Md. Moqbul Hossain, Advocates — For the Opposite Parties. Civil Revision No. 2391 of 1994. Judgment M M Ruhul Amin J. - This Rule was issued calling upon the opposite party Nos. 1 and 10 to show cause as to why the impugned judgment and decree dated l2-4-94 passed by the learned Subordi......r partition of 1.95-acre of land out of 4.18 acres of land in the schedule 'Ka' of the plaint. 3. The plaintiffs’ case, in short, is that the suit property belonged to Masudjan and his father in law Nasruddin Choukider to the extent of 0.3333 acre and 0.6667 respectively. Nasruddin Choukider di..

Category: Property Law | Date: | Hits: 102

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....h date was fixed for cross-examination of PW 14 except a junior advocate none of the 3/4 senior advocates was present and the petitioners had adopted dilatory tactics which is contrary to the ends of justice and for speedy disposal of the case they are not entitled to bail. Thereafter petitioners mo......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kaz......ranted to them was rejected by the Additional Sessions Judge at the fag end of the Court’s hours and within one hour of the transfer without cogent grounds and even without calling upon the defence lawyers to cross-examine the PW 14. (5) Learned Additional Session Judge not being the appellate ..

Category: Criminal Law | Date: | Hits: 33

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....se, the learned Divisional Special Judge was manifestly wrong in finding that current deposit account No.2400 in the name of Salimuddin was a fictitious account and the same has occasioned failure of justice. 8. Mr. Khandakar Mahbub Alam, the learned Assistant Attorney-General appearing for the S......convincing that no other conclusion other than the guilt of accused appellants can be reached. The submissions made by the learned Advocate for the appellants are thus found without any substance and accordingly these are repelled. The submissions made by the learned Assistant Attorney-General on th......l Islam, Advocate — For the Appellant (In Criminal Appeal No. 1433 of 1993). Khan Saiful Huq, Advocate — For the Appellant (In Criminal Appeal No. 1440 of 1993). Kh Mahbub Alam, Assistant Attorney-General — For the State. Not Represented— the Appellant (In Criminal Appeal No. 1406 o......as wrong in convicting the accused appellants mostly on surmises and conjectures and not on legal evidence on record and, as such, the impugned order of conviction and sentence is not maintainable in law. The learned Advocate further submits that in view of the fact that Jalaluddin Ahmed, a real acc..

Category: Criminal Law | Date: | Hits: 104

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....prescribed by the rules of procedure, if it goes to the root of the suit, it is not a formal defect. Even when there was no such 'formal defect' the Court is not powerless to grant the same prayer if justice demands. 21. So, ultimate discretion rests with the Court. The Court should only guard th......unds' does not appear to have been used by the legislature as ejusdem generis with the expression 'formal defect'. 20. The legal meaning of the word 'formal' is done in due form or with solemnity; according to regular way. The expression 'formal defect' connotes defects of diverse kinds not affec......……………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 2004. Cases Referred to- Atul vs. Rau Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957......al of the appeal as well as the suit with permission to sue afresh. 12. Mr. Ozair Farook, learned Senior Advocate on behalf of the appellant, submits that the suit was poorly drafted by a Mofussil lawyer and forgot to pray for declaration of title in the suit land. He submitted that in the absenc..

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

....sam and others, 1997 BLD (AD) 230. Decisions cited by Mr. Rab do not help him at all. 29. For the above reasons, we are unable to accept the impugned order, which, no doubt, resulted in failure of justice, In the result, the Rule is made absolute. Impugned order dated 4-7-04 is hereby set aside. ......cy of defendant No. 3 by a letter dated 28-1 -03. Defendant No. 3 having accepted such termination terminated the distributorship of the plaintiffs by letter dated 29-1-03. Defendant No. 3 on 31-1-03 accordingly, informed M/s. Birla Tyres that they already terminated the agency of the plaintiffs. Af....................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred to- MA Naser vs. Chairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Serajuddin Bepari and oth...... held to be an agent directly under the principal M/s. Birla Tyres and defendant No. 3 had no right to terminate such agency. 12. He submitted that, in fact, there was no termination at all by any lawful authority and in the absence of any valid termination the plaintiffs were entitled to continu..

Category: Civil Law | Date: | Hits: 148

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....contrary, the learned District Judge committed serious error in cancelling such report of the Advocate Commissioner, and consequently, setting aside the final decree, which has resulted in failure of justice. 6. Opposing the Rule, an affidavit-in-opposition was filed on behalf of said opposite pa......as was described in the Schedule 'Kha' to the plaint but the Advocate Commissioner gave the share out of the entire land of those 5 plots, which the District Judge correctly found as unreasonable and accordingly, set aside, which occasioned no failure of justice. 9. In support of his submission, ......i Sheikh (Md) & another .......................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and...... 17 does not deserve any consideration and accordingly, is excluded from consideration. 29. In the aforesaid facts and circumstances, the judgment and decree of the appellate Court cannot stand in law as well as on facts and accordingly, is liable to be set aside. Such decision has, no doubt, res..

Category: Property Law | Date: | Hits: 70

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......lation No. 1 of 1982. 5. Ms. Qumrunnessa, the learned Assistant Attorney-General, while opposing the Rule, submits that the present writ petition is not maintainable and the Rule issued thereon is accordingly, liable to be discharged in limini inasmuch as the impugned judgment and order of convic......azlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others......ef Martial Law Administrator calling upon the respondents to show cause as to why the impugned judgment and order of conviction and sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. ..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ...... agreement. 5. Then, on 25-7-90 said defendants gave a power of attorney to Shamsul Huq to execute and register necessary sale deed transferring said schedule- 1(Kha) property to the plaintiff and accordingly, Shamsul Huq transferred the suit land by a registered deed being No. 196 dated 13-1-91.......gal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Ba......heirs Nurun Nahar Begum and others vs. Abdul Khaleque Choukder and others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. 41. He submitted that learned Subordinate Judge erred in law in holding that after the compromise entered Into by defendant No.1 with defendant No. 5 in resp..

Category: Property Law | Date: | Hits: 71

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....... had a job in England. 8. Farida Rahman appointed, her father, Hamiduddin Ahmed caretaker in respect of the suit land. She instructed her father to make a two-storied building on the suit land and accordingly, she time to time sent money to her father. 9. Hamiduddin Ahmed got a plan approved b......que…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Referred to- Nurjahan Begum vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61, Hasan Ali vs. Jytendra Biswas, 1...... No. 42106 dated 13-12-67 is benami and Farida Rahman was mere a benamdar of Mukhlesur Rahman; that the deed of gift being No. 46,08 dated 25-3-91 was void, illegal, inoperative, collusive and bad in law and that said nieces acquired no right, title and interest in the suit property by such deed or ..

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.......parties passed the impugned decisions holding that the said employees i.e. the respondent No. 2, in all the writ petitions were permanent workers of the petitioners' bank and the petitioners bank was accordingly directed to allow all financial benefits to them treating them as permanent workers. Aga......others………………………………..Petitioners Vs. Chairman, First Labour Court and others………………………….. Respondents Judgment August 24, 2005. Cases Referred to- 54 DLR 602, Managing Director, Rupali Bank Ltd. vs First Labour Court and others, 46 DLR 143...... appointed against temporary posts/ positions as Godown Darwan, Godown Chowkider and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before ..

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. ......he criminals in the locality and then PW 4 Shafiqul Dafadar expressed that Mukul Dacoit was moving in the area and if he and others go to the Chowgram Bazar, it would be possible to apprehend him and accordingly, the police party came to Chowgram Bazar at about 5 PM and the deceased asked about Muku......n……………………………………………………..Respondent. Judgment July 19, 2004. Result: The death reference is rejected and the jail appeal is allowed. Case Referred to- Mahmudul Islam @ Ratan vs. State, 53 DLR (AD) 1. Lawyers Involved: Md. Abdul Haque, Sta......on 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 13-5-2002 informant P..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......r of the deceased as PW 2 admitted that he heard that his deceased daughter committed suicide. There is no evidence in support of the medical evidence that the deceased was strangulated to death. So, according to the learned Counsel for the appellant, there is serious doubt as to the complicity of t......……………………………………….Appellant Vs. State ………………………………………………………...Respondent Judgment January 12, 2005. Cases Referred to- State vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92, State vs. Mofazzal H......were framed, who pleased not guilty and claimed to be tried. Trial was held in absence of the appellant under section 339B(1) of the Code of Criminal Procedure when he was defended by a state defence lawyer. 4. The defence case, as it appears from the trend of cross-examination of the prosecutio..

Category: Criminal Law | Date: | Hits: 41

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......equires." 17. It appears that the Import Policy Order 2003-2006 has been promulgated under the authority of Import and Export Control Act 1950 and, as such, the same acquired the status of law and accordingly, the Provision of General Clauses Act is applicable upon it. Under the Provision of sect......Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md. Sadullah, Advocate—For the Petitioners. Syeda Afsar Jahan, Deputy Attorney-General—For the Respondents. Writ Petition Nos. 3762, 3763, 3764, 3765 of 2005 Judg......s. 3762 of 2005, Writ Petition No. 3763 of 2005. Writ Petition No. 3764 of 2005 and 3765 of 2005 have been heard analogously and are now disposed off by this single judgment since common questions of law have been raised in all these writ petitions. 2. The petitioner Nurul Alam in Writ Petition ..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......ew price schedule with notable increase in the price. Having entered into the contract with the old price schedule and almost having finished the works, the contractor demanded that he should be paid according to the new schedule. When the Water Development Board refused the demand, the contractor f......�……………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Cases Referred to- Bangladesh Power Development Board and others vs. Md. Asaduzzaman Sikder, 9 BLC (AD) 1, Bangl......the petitioner and (ii) Memo No. BTRC/LL-See/ World 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 br..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

.... 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. ......re sworn enemies, one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an Act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore, violative of Article 14 and if......�………………….Petitioner Vs. Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents. Judgment August 5, 2005. Cases Referred to- Federation of Hotel and Restaurant vs. Union of India and others, AIR 1990 (SC) 1664, Messrs ......n 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 together and ar..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ide acts committed by the respondents for illegally obtaining lease of the said Cattle Hat by causing revenue loss to the state and the government but would also offend the principle of fair play and justice as well as the principle of legitimate expectation of the petitioner to have the lease of th......dicate was shown to have been the highest for Taka 20,01,000 (taka twenty lac one thousand) and it was accepted for granting lease of the said Cattle Hat in favour of respondent No. 7. The petitioner accordingly, made representations dated 16-4-2005 and 26-4-2005 to the respondent No. 4, Deputy Comm......gladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Involved: Md. Tashadduk Hasan, Advocate—For the Petitioner. Ms. Nahid Mahtab Assistant Attorney-General—For Respondent No. 1. Sheikh Razzaque Ali with Munshi Ahsan Kabir,Advocates—Fo......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

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

.... 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. ......ed by the respondent Nos.1 and 4 was dismissed and Title Appeal No.76 of 1973 was allowed by judgment and decree dated 8-9-l983. During pendency of the aforesaid appeal petitioner’s father died and accordingly, his three brothers and mother impleaded themselves as appellants. Thereafter, the petit.......Respondents. Judgment March 28, 2001. Lawyers Involved: JN Deb, Advocate—For the Petitioner. ABM Mostafa Kamal, Advocate—For Respondents No. 4. Abul Hossain Azadi, Assistant Attorney-General— For the Respondents. Writ Petition No. 1895 of 1999. Judgment Md. Joynul......-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Revenue), Sylhet and the proceeding of mutation Appeal No.22 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 peti..

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........ 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.......er of Taxes…………………….Petitioner Vs. Kushtia Sugar Mills Ltd......………………Respondent. Judgment July 19, 2000. Lawyers Involved: MA Rahim Bhuiyan, Assistant Attorney-General—For the Applicant. AFM Ferojuddin Bhuiyan, Advocate—Respondent. Reference ...... AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the assessee-respondent, on the contrary, submits that the payment of incentive bonus as made by the assessee was pursuant to provisions of law and the incentive bonus is not a bonus which is contemplated under section 10(2)(x) of the Act. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

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