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Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......ing the rule of two years' average available under the Ordinance III of 1965 promulgated on 22‑3‑1965 but made retrospective with effect from 15‑8‑63. 36. The Appellate Division framed the question consideration as follow, "what will be the law for the assessment of compensation for la......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..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......ition for examination of the witnesses expressly. But summons were issued to those witnesses on 24‑9‑2003. From this it can be presumed that the prayer was allowed by the tribunal. 12. Now the question is whether the Court below committed any illegality in allowing the examination of those wi......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..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......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..Category: Administrative Law | Date: | Hits: 223
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......‑9‑2003 the case was fixed for DWs and on the same day the learned Advocate for the appellants on perusal of the case records found that due to inadvertence and by bona fide mistake some material questions have not been suggested to the prosecution witnesses and, as such, filed an application un......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..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......mbers of the combined force raided his house without any search warrant and seized his .22 bore rifle along with bullets and two knives along with the licence and that since the members of the family questioned the Officer‑in‑Charge as to why he was searching the house without any warrant of arr......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..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......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..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... 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 ..Category: Criminal Law | Date: | Hits: 54
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....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. ......very constitutionality of the notification publishing the price of the imported cigarette papers was challenged in the writ petition and the appellate authority has got no jurisdiction to decide such question of constitutionality of tariff value of such goods. So, the statutory remedy by way of an a......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..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....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.......he appellants submitted that the High Court Division committed illegality in holding that mere registration is not enough. He submitted that the appellant was entitled to have all the consignments in question assessed on the basis of registered value under the Import Particulars Registration Scheme ......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..Category: Fiscal/Taxation Law | Date: | Hits: 86
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
....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.......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.......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..Category: Others | Date: | Hits: 109
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....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. ......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. ...... 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..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......ion. It is further claimed and steps have been already been taken to recover the amount as claimed by the plaintiff to have deducted from the invoices of different jute mills. 9. To appreciate the question, we must refer first to the arbitration clause as contained in the contract, which reads as......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... 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. ......uarter regarding the title and possession of the plaintiff. It appears that at that time the decree was granted without contest. In view of the above discussion, I am of the view that, there being no question of limitation under section 152 of the Code of Civil Procedure, the application for correct...... 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..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......dence should ordinarily show as to how and under what circumstances the witness came to pick out the particular accused person and the details of the part which the accused had played in the crime in question with reasonable particularity. The purpose of a test identification parade seems to be to t......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..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....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. ......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. ......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..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......her order for giving the truck in the Jimma of the Thana after canceling the previous order of Jimma given in favour of the accused petitioner as there was claim and counter‑claim over the truck in question. It is further not disputed that against this order of the learned Metropolitan Magistrate ......rresponding to GR No. 128 of 2003 under sections 406/420/467/468/471/109 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule is that, the opposite party No. 2 as informant lodged ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......e by adducing further evidence for the purpose of securing conviction of the offender. 7. Mr. Altafur Rahman, the learned Deputy Attorney-General appearing on behalf of the State, submits that the questions of fact and evaluation of evidence on record are not within the scope of the present forum......site party No.1 from the charge under section 6(5) of the Muslim Family Laws Ordinance 1961, shall not be set aside or any other order passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of the opposite party No.1 Idr..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ...... to why the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complain..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......bmits with reference to the Supplementary Affidavit filed today that in view of section 77 of the State Acquisition and Tenancy Act protecting the action of the accused petitioner, who did the act in question in exercise of his official duties, the instant prosecution against him is not tenable in l......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....testimony may be given. This section makes evidence given by a witness in a judicial proceeding admissible in a subsequent judicial proceeding where the question in controversy in both proceedings is identical and where the witness is dead, or cannot be found, or is incapable of giving evidence. Und......ments are receivable prove the facts stated on the general ground that they are made by the authorised agent of the public in the course of official duty under section 35 of the Evidence Act. Now the question is, whether a seizure list, a medical report and a confessional statement of accused are pu......ement of PW2 in this case. Evidence recorded in one case may be used in another proceeding under section 33 of the Evidence Act under certain conditions. This section is not applicable in view of the facts that prosecution has used the seizure lists, medical report and confessional statement of the ..Category: Criminal Law | Date: | Hits: 110
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