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Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for the same relief shall be excluded where such proceeding is prosÂecuted in good faith in a Court which, from deÂfect of jurisdiction, or other cause of a like naÂture, is un...... The Appellate Division allowed the prayer for withdrawal and directed the certified copy of the judgment of the High Court Division to be returned by receiving an attested copy thereof to be kept on record. The petitioners contend that 96 days were consumed in getting the certified copy of the judg......ke out any case for reception of addiÂtional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy CommisÂsioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......the parÂties were directed to maintain status quo. 7. Mr. Miah Abdul Gafur, the learned Advocate appearing in support of the Rule having taken me through the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing ...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....osecution had also failed in bringing any evidence to prove that Belal and Obud had common intention to commit the crime of throwing acid to Parvin; under such circumÂstances it is difficult to hold good the charge of abetÂment upon the accused petitioner. The charge accordÂingly fails. 14. Th......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......it-petitioner challenged the order dated 18.01.2004 issued by the respondent No. 5 under Memo No. অম/ অবি/উঃবাঃ-৫/মহিলা-১২/৯à§/০ৠpurporting to transfer the services of 118 posts of the development project namely "Women Support Programme (2nd Phase)" to the..Category: Employment/Service Law | Date: | Hits: 86
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......mmons of the suit was served upon the defendant, but he did not turn up and ultimately the learned Assistant judge took up the suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff but dismissed the suit on the reasonings that the plaintiff f......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......n in turn goes on striking them down. It will be wastage of time and resources and will cause erosion not only in the adjudicatory system but also in the mind of the law abiding people. 18. Before recording our decision we are inclined to consider the question of satisfaction of the detaining aut......e Special Powers Act, 1974 was served upon him on 17-4- 2001 signed by the District Magistrate, Dhaka dated 4-4-2001 and the detenu was ordered to be detained for a period of 30 days from the date of service of the order of detention (Annexure-A) The grounds of detention was served upon him in Dhaka..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......ate Acquisition and Tenancy Act, 1950 number of plots were created out of said CS Khatian No. 139 under various khatians on the basis of possession of the persons. As the land measuring 0.63 acre was recorded in a new SA plot No.92 appertaining to first SA Khatian No.76 then 73 in the names of the p......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....rman and later on he heard that Shamsu was dead. In cross-examination he stated that Shamsu was in VDP and was a follower of chairman Kibria to do any of his job when needed and that Shamsu was not a good person and sometimes he used to collect subscription from the boatmen during night time for whi......d body to the morgue for post-mortem examination. Thereafter, Inspector Farid Uddin Ahmed took up the investigation of the case and visited the place of occurrence and prepared sketch map with index, recorded statement of the witnesses under section 161 of the Code of Criminal Procedure and on compl......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ....... The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the schedule ‘A’ in......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......ing the suit of the plaintiff for maintenance. 6. I have heard the learned advocates for both the parties at length and perused the judgment of the courts below and the other relevant materials on record. 7. From the above stated facts it is evident that in this Rule the moot point raised for ...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......s on self sustainable basis. The society receive funds from USAID, the Asia Foundation, Ford Foundation, SDC, etc and extends loan to small industrial entrepreneurs for industrial growth on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983..
Category: Fiscal/Taxation Law | Date: | Hits: 65
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161....... the written objection and there is nothing to interfere.
11. We have heard the learned Advocates of both sides at length, perused the pleadings of the parties and considered the entire matters on record as well as the provisions of law. All the points canvassed before us by Mr. Mahbubey Alam can...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....n 43 DLR 329 involving interpretation of Section 38(3) of the erstwhile Companies Act, 1913, which is very similar to section 38(3) of the present Companies Act, with all respect, does not lay down a good law while it says that there is no time limit in affixing the stamps of the instrument of trans......s 10,000 shares to respondent Nos. 2-7 for consideration paid by them and the said transfer was discussed and approved in the emergency board meeting held on 5-8-1999 and the minutes thereof was duly recorded by the Company’s Secretary and the Chairman of the said Company approved the said minutes...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......annot be termed as an abuse of the process of the court. The learned Deputy Attorney-General, prays for discharge of the Rule. 7. We have heard the learned Advocates, perused the materials on record and considered the arguments advanced at the Bar. 8. It appears from the first inform......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....¦¿à§Ÿà¦¾ গিয়াছে)| Then he cautiously peeped through the space of the shutter of the office room of accused Hasib and found accused Hasib who was saying that he would teach Rasel Bhuiyan a good lesson as he had gone beyond limitation. At this accused Almas asked Hasib not to be worried an......ceased and asked them to lodge first information report who replied that they would lodge the same later on. He stayed in the hospital for an hour and then returning to the police station at 11-55 PM recorded GD Entry No.942 dated 26-8-2000 about the occurrence. 5. Next day on 27-8-2000 at 10-30 ......examined by the investigating officer on 29-10-2000, that is, more than two months after the occurrence. There is no ground of such belated examination. He was always available. He continued with the service as a driver under PW 1 as before. Unexplained delay in recording his stateÂment under secti..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....n application which contains allegations reflecting upon the integrity of the Court. They owe a duty not merely to their clients but also to the Court of which they are trusted officers. They enjoy a good deal of privilege, and also not an inconsiderable latitude from the Court, in the exercise of t......21. In the result, the Rule of Criminal Miscellaneous Case No. 11080 of 2006 is discharged. 22. The order of stay granted earlier by this Court is vacated. 23. Send down the lower Court records at once. 24. Communicate this order at once. 25. Now, on the conduct of the le......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......Road and that it ought to be construed as Babar Road. We find this submisÂsion totally unacceptable for being misconceived. It is not for this court to construe a fact when it does not appear on the record. The petitioner could take appropriate steps at the concerned office from where the said memo......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
.... Accordingly, trial Court's judgment and decree are restored." 17. Having regard to the facts, the submissions advanced by the learned Counsel for the petitioners prevail and appears to have a good deal of force. on the contrary, I failed to discover any merit in the submissions advanced by t......l Haq Helal, the learned Advocate appearing for the opposite party No. 1, opposes the Rule and submits that the deed under pre-emption was not a deed of exchange and after considering the evidence on record the Court of appeal below rightly allowed the pre-emption. The learned Counsel lastly, submit......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....s held for the purpose of the business or profession. 13. What is stock-in-trade has not been defined in the Ordinance. According to Webster's New Inter-national Dictionary, stock-in-trade is goods kept for sale by a shopkeeper, fittings and appliances of workmen. In other words, stock-in-tr......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
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