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Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......l No.13 of 2004 dismissing the appeal and thereby affirming those dated 30.9.2003 passed by the Senior Assistant Judge, Sundarganj in Other Suit No. 123 of 1998 decreeing the suit in part. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was ..

Category: Procedural Law | Date: | Hits: 92

Kendul Palli Mongal Samittee Vs. Sree Mohonto Robi Das and others, 2010, 39 CLC (HCD)

....ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ent revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... in Other Class Appeal No.47 of 2006 dismissing the appeal on affirmation of those dated 31.8.2006 passed by the Senior Assistant Judge, Sadar, Joypurhat in Other Class Suit No. 27 of 1998. 2. The facts relevant for disposal of the instant Civil Rule are that the impugned judgment and decree was ..

Category: Procedural Law | Date: | Hits: 98

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......ltana, Advocates - for the Respondent. Writ Petition No. 3002 of 2010 Judgment Md. Ruhul Quddus, J.- This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adalat No.3, Dhaka in Artha Execution Case No. 131......er’s application filed under Order XXI rule 83 of the Code of Civil Procedure for permission to sell an attached property through private negotiation for enhancement of the sale proceeds. 2. The facts leading to this writ petition are that respondent No. 3, United Commercial Bank Limited, Bangs..

Category: Procedural Law | Date: | Hits: 95

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......has been allowed bail or discharged after submitting final report against him and that there being specific cases pending against the detenu he may be dealt with suitably in those cases and, as such, question of detaining him under the provisions of the act does not arise. The statements mentioned i......ent and considering past activities of a person the authority may form basis of satisfaction to prevent, him from doing prejudicial act in future. 14. After giving our anxious consideration to the facts and circumstances of the case we are of the view that the impugned order of detention does not..

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......and accordingly, allowed the appeal and acquitted the appellant. It also found Phensidyl was always being used as a cough linctus (syrup). 37. In the case of The State Vs. Miss Eliada Maccord, the question arose before the Appellate Division was whether the heroin seized was pure heroin or mixed ......W 1 Sheik Abdur Razzaque over seizure of aforesaid articles. PW 4 and 5 though identified their signatures on the seizure list but denied to have witnessed any seizure of the articles. In view of the facts and circumstances of the case and the evidence on record it did not appear to us that the seiz..

Category: Criminal Law | Date: | Hits: 90

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563....... that though respective petitioner filed appeal to the appellate authority did not challenge the punishment on the ground of want of materials, against him in his petition of appeal and, as such this question cannot be raised for the first time before this Court. He further submitted that no malafid......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563...

Category: Others | Date: | Hits: 116

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561...

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......h “presentation of the report-in-issue” was that the highest Court of the country passed the “orders in reference” at the dictation of the learned Attorney General or his officers and thereby questioned the impartiality and independence of the highest Court of the Country, which is dangerous......judgment of my learned brother Justice Surendra Kumar Sinha. Shah Abu Nayeem Mominur Rahman J.- I have gone through the main judgment of my learned brother Justice Surendra Kumar Sinha. 4. The facts and the issues involved in the contempt proceeding have been discussed in detail in the main j..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......nally or through the learned Advocate and, as such, allegation of non-service of copy on the defendant No.6 is of no merit, that the contention that has been raised in the writ petition is a disputed question of fact and that same is a matter for are adjudication by the trial Court after considerati......na fide human error and that as to whether the same came within the provision of rule 18 of Order VII of the Code of Civil Procedure. Their Lordships of the Appellate Division on consideration of the facts of the reported case held “Accordingly, we hold that in an appropriate and proper case, t..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......f the gift of Taka 1,40,000.00 made by Md. Abul Kashem. Being aggrieved by the aforesaid order of the Taxes Appellate Tribunal the assessee applicant preferred this reference and raises the following questions- “Whether on the facts and in the circumstances of the case the Taxes Appellate Tribu......ade by Md. Abul Kashem. Being aggrieved by the aforesaid order of the Taxes Appellate Tribunal the assessee applicant preferred this reference and raises the following questions- “Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal, Additional Bench-2, Dhaka i..

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

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......hairman and Md. Shiraj Mollah and accused Haroon-or-Rashid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-well machine in question in terms of the agreement entered into by the parties and eventually accused Eman Ali, in c......ecution. It is unfortunate that the learned Special Judge was oblivious of the provisions of law regarding his power and limitation in trying a case under the Criminal Law Amendment Act, 1958. In the facts of the case, I am constrained to hold that the learned Special Judge acted illegally and witho..

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......isposal on merit on the basis of the evidence on record. 13. I have carefully gone through the impugned judgments as well the evidence of the 6 witnesses examined by the prosecution. To decide the question as to whether the impugned judgment and order of conviction and sentence are sustainable in...... on proper consideration of the evidence the learned trial Court as well as the learned Sessions Judge convicted and sentenced the accused petitioner under sections 279/304B of the Penal Code. In the facts and circumstances of the case and the materials on record I am satisfied that the guilt of the..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......ear as to whether the learned Magistrate dismissed the petition of complaint holding that the claim of the complainant or that he is taking adjournment in order to harass the accused. In view of such facts and circumstances we are unable to support the impugned order and, as such, the same is liable..

Category: Criminal Law | Date: | Hits: 63

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......guilty under section 304B of the Penal Code as his guilt was proved beyond all reasonable doubts. The learned Magistrate duly took into consideration the material evidence on record and the attending facts and circumstances of the case and reached his conclusions on assigning cogent reasons. It is f..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......3. The respondent Nos.1-3 are contesting the Rule by filing an Affidavit-in-Opposition wherein they have denied the material allegations made in the writ petition and contended that the containers in question entered in Chittagong port in the month of October, 1997 while the Master LC of the petitio......he respondents they have made an attempt to regularise all technical violations of the Import Policy Order and, as such, there was no legal basis for the respondents to pass the impugned order on the facts and circumstances of the case. The learned Advocate further submits that it is apparent from t..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......f Rahman, Advocates—For the Respondents. Writ Petition No. 2498 of 1998 with Writ Petition 2578 of 1998. Judgment Kazi AT Manowaruddin J. - These two Rules have been heard together as the facts and the points of law involved are exactly same. And these shall be disposed of by this common..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......presumed, and in the absence of any evidence to the contrary this fact is proved, unless it is proved otherwise by the addressee who may however, prove with the onus lying upon him that the letter in question never reached him. Reliance in this regard may be placed in the case of Hari Pada Dutta Vs....... learned Appellate Judge after giving ten adjournments because of their absence, ultimately heard the appeal ex parte on 9-11-1991 and delivered the judgment on 11-11-1991. 9. In view of the above facts and circumstances, the miscellaneous case filed under Order XLI rule 21 is liable to be reject..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ...... Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved. 2. In all the above mentioned 3 writ petitions Rules were......255 of 1997 and Writ Petition No. 7301 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved. 2. In all the above mentioned 3 writ petitions Rules were issued calling upon..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......t reveals that the identity of the suit property had not been at all challenged by the defendants. It is well recognised that if identity of the suit property is not challenged by the other side, the question of holding local investigation relaying the property does not arise at all. Moreover, si......y of the order under challenge warranting any interference by this Court in the exercise of Civil Revisional Jurisdiction under section 115 of the Code of Civil Procedure. 4. A brief resume of the facts emerging from the Civil Revision Petition, the plaint, written statement and other papers plac..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......f the warrant, to imprisonment for a term which may extend to three months or until payment if sooner made. In the case of Eklasuddin Ahmed Vs. Hosne Ara Begum, reported in 1981 BCR 212, a similar question came up wherein also instalments were allowed for payment of the decretal money. For failur......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...

Category: Family Law | Date: | Hits: 162