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Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....). Judgment ABM Khairul Haque J.- This is a petition for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner was originally appointed as a typist in 1979 of......vil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Siddiqur Rahman………………….Petitioner Vs. Government of Bangladesh and others…………........Respondents Judgment October 5, 2009. Lawyers Involved: Ma......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653...Category: Employment/Service Law | Date: | Hits: 71
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....al District Judge, Comilla in Title Appeal No.12 of 2005 reversing those dated 16.08.1976 passed by the Subordinate Judge, 2nd Court, Comilla in Title Suit No.19 of 1974 decreeing the suit. 2. The facts involved in the case, in short, are that Bashiruddin and Syeda Banu had rayati title in the su...... Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Altab Ali being dead his heirs Bhanu Bibi and others…………………..Petitioners Vs. Rupjan Bibi and others………......Responde...... 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...Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
.... of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appellate Tribunal was legally justified to de......eing aggrieved by the said order of assessment made by the Deputy Commissioner of Taxes, the assessee preferred an appeal before the Commissioner of Taxes (Appeal), who deleted the aforesaid addition and on further appeal by the Revenue, the Taxes Appellate Tribunal confirmed the order of the deleti......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...Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....the Code of Civil Procedure against order No. 17 dated 14-6-2001 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which rejected a prayer for stay of a family suit. 2. Short facts for disposal of the Rule are that on 12-10-2000 opposite party wife as plaintiff instituted Fa......…….Opposite Party Judgment March 23, 2002. Cases Referred To- Bashirrullah Munshi vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183; Arifa Begum vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam Akhtar Chowdhury vs. Administrator of Waqf and others, 36 DLR 56. Lawyers Involved: ......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...Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....n 12.2.88. It is further alleged that respondent No. 30 filed an application to the Election Commission for declaration of result which was adjourned on 12.2.88. 8. In the context of the aforesaid facts and circumstances the affidavit filed by respondent No. 30 assumes some importance. He merel......s Republic of Bangladesh, Through Secretary, Ministry of Local Govt. & Rural Development & others........Respondents Judgment December 5, 1988. Lawyers Involved: Amirul Islam and A. Razzaq, Advocates—For the Petitioner. Kazi A.T. Manowaruddin and Shirin Nahar, Advocat......s a unique document solely supported by the respondent No. 30 himself and by nobody else. 9. We therefore hold that on balance respondent Nos. 28, 29 and 31 and the petitioner have produced better evidence in this Court that the Presiding Officer postponed the polls under Rule 29 and informed t..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferred by petitioner Md. ...... Judgment November 30, 1988. Cases Referred to- Asstt. Gen. Manager, Rupali Bank, Barisal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 29 DLR (S.C.) 39, the State vs. Abdul Awal, 35 DLR 151, the Senior Manager, Dosta Textil......t nothings in the Office file together with a list of employees have been marked Exhibit 'C and 'D' and Exhibits '£' and 'F' in the two suits respectively. The learned Munsif on consideration of the evidence on record found that the plaintiffs were not workers and as such the suits were maintainabl..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... drove out the labourers of the petitioner from the disputed land on 23.6.1982. The learned Munsif while rejecting the application under Order 9 Rule 13 did not at all take into consideration those facts in arriving at a finding as to whether the service of summons was duly served upon the petitio......, Rule 13 of the Code of Civil Procedure by the petitioner for setting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting certain land. 2. The petitioner who was pre-emptee in the a......he eye of law and the learned Court below was wrong in dismissing the Misc. Case No. 81 of 1983. He further submits that the Court's finding as to service of summons was the result of misreading of evidence on record. The learned Advocate for the petitioner drawing my attention to the statement of..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
.... in his statement u/s 164 Cr.P.C. he named these two accused as participants in the dacoity. It is quite evident that Angur who was tendered pardon and examined as P.W.7 in the case has concealed facts relating to participation of accused Jamir and Sattar in the dacoity and thereby Angur has not......West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor, AIR 1925 Lahore 15, Chanan Singh Vs. Emperor, AIR 1920 Lahore 376, Soliyan Vs. Emperor, 1930 M.W.N. 773, Aziz Vs. State PLD 1969 Lahore 1071, Dip Chand Vs. Emperor AIR 1935 Lahore 799, Emperor vs. Probhu AIR 1937 Lahore 551, Emperor vs. Mathwia, AI...... নিয়োগ করা হয় নাই। আসামী জেরা করিতে অস্বীকার করে। The learned Assistant Sessions Judge on a consideration of the evidence on record found appellant guilty of the charge leveled against him and he convicted and s..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.......Md. Shahjahan, Advocate-For the State. Criminal Appeal No. 307 of 1983 Judgment Bimalendu Bikash Roy Chowdhury J.- This appeal is at the instance of one Md. Azad Sk. against his conviction and sentence passed by Mr. Hasan Ameen, Additional Sessions Judge Court No. 2, Bogra, in Sessions Ca...... cross-examination was a plea of innocence. The further defence of the appellant was that his confessional statement was a product of physical torture by the police. 4. On consideration of the evidence on record the trial Judge noticed that excepting the confessional statement marked Ext. 5..Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....of this court and it may cause prejudice to cither party if the same be taken into consideration under summary proceeding. There being a forum namely, the Election Tribunal set up to investigate into facts, and we therefore, restrain ourselves from making any observation as to whether the same is ......School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District Sylhet or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner's case in short is that he along with respondent Nos. 5-8 contested......l the learned counsel argues that the learned Judges of the High Court were wrong in deciding the disputed question of facts relating to title to land which could only have been done by taking proper evidence, oral or documentary.... The question raised by the learned Counsel relates to the title..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
.... direction under writ of Quo Warranto upon the respondent No.5 does not arises at all. And this Court feels that since respondent No. 5 is not disqualified, no such direction is warranted under the facts and circumstances of the present case. In the result, the Rule is discharged without costs.......vt. & Rural Development & others........................................Respondents Judgment December 8, 1988. Lawyers Involved: Dr. Kamal Hossain, with Amirul Islam, J.N. Deb, B.K. Das and Kazi Shahabuddin, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hos......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..Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....etition for leave to appeal in respect of the judgment and order dated 17.11.2009, passed by the High Court Division in Writ Petition No. 3161 of 2009, discharging the Rule as infructuas. 2. The facts of the case, in brief, are that the petitioner is the proprietor of M/S. J. M. Medicine, that ......) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Jahangir Alam…………………...Petitioners Vs. Government of Bangladesh and others……........Respondents Judgment January 10, 2010. Lawyers Involved: M. Amir......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...Category: Civil Law | Date: | Hits: 76
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....to the litigation may apply at any stage of the suit for further or better statement or particulars, and the object is to extend the beneficial function of particulars by extending the range of facts of which particulars may be given. It is further contended that irrespective of the fact that ......Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Abdul Khaleque…………...........Petitioner Vs. Md. Nazim Uddin and another….......Respondents Order January 18, 2010. Lawyers Involved: Moshfiquddin......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
.... Joint District Judge, 5th Court, Dhaka in Title Suit No.176 of 2006 rejecting the plaint on an application filed under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15,......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Sonali Bank represented by its Managing Director and another…….........Petitioners Vs. Meghna Vegetable Oil Industries Ltd. & ors……...... barred by any law and relate to the adjustment of the loan liabilities of the plaintiff appellants and the defendant Nos. 3 to 10 due to the defendant bank as mutually agreed upon which required evidence to prove in the suit and therefore rightly set aside the judgment and order rejecting the p..Category: Procedural Law | Date: | Hits: 81
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
....This is a petition for leave to appeal in respect of the judgment and order dated 02.08.2009, passed by the High Court Division, in rejecting the Writ Petition No. 4758 of 2009 summarily. 2. The facts of the case, in brief, are that the respondent No. 2 obtained an ex-parte decree in the Mortga...... Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Nurul Islam…...............................Petitioner Vs. Artho Rin Adalat and others......................Respondents Judgment January 6, 2010. Lawyers Involved: ......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)
....Haque J. - This is a petition for leave to appeal in respect of the dismissal of appeal passed by the Administrative Appellate Tribunal, Dhaka in Appellate Tribunal Appeal No. 69 of 2005. 2. The facts leading to this petition, in brief, are that on the allegations of misconduct, a departmenta...... (2010) 641.......of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641...Category: Administrative Law | Date: | Hits: 201
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....setting aside the order dated 30.03.2006 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Title Suit No. 22 of 2004 rejecting application for appointment of receiver. 2. The facts, in short, are that the respondent No.1 as plaintiff filed Title Suit No. 22 of 2004 in the ......nt: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Haji Noor Nabi Mollah being dead his legal heirs Haji Amir Jan Begum and others……....Petitioners Vs. Ahammad Ali and others ...........Respondents Judgment......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...Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. Md. Samsuzzaman, 2009, 38 CLC (AD)
....l Matin J. - This petition for leave to appeal is directed against the judgment and order dated 27.01.2009 passed by the Administrative Appellate Tribunal in A. A. T. Appeal No.137 of 2008. 2. The facts, in short, are that the respondent was dismissed from service after observing all formalitie......Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others………………………………Petitioners Vs. Md. Samsuzzaman……………...... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ..Category: Administrative Law | Date: | Hits: 205
....trict Judge, Court No.1. Brahmanbaria in Title Appeal No. 136 of 1988 reversing those dated 20.08.1998 passed by the Assistant, Brahmanbaria Sadar, Brahmanbaria in Title Suit No.88 of 1994.
2. The facts involved in the case, in short, are that the plaintiff instituted Title Suit No. 88 of 1993 in......the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......wed the same and set aside the judgment of the trial Court; that thereafter, 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 causin..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....the same in accordance with law. 3. The applicant has formulated the following question of law which is said to arise from the aforesaid order of the Taxes Appellate Tribunal: “Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal Single Bench, Dhaka ......ses out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the Income Tax Ordinance the assessee M/s Aleaf Enterprise appeared before the Deputy C......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
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