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Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ld, Law of Contempt of Court 3rd Ed, Page-1]. In its origin, all legal contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountainhead of law and justice, or against the palace, where injustice was administered. "The power which the Courts in Wes......ate that the author of the report, the respondent No.4, Waliullah Noman, admitted his ignorance and mistake in preparing the said report-in-issue and thereby committed the offence of the contempt and accordingly, surrendered himself unconditionally with prayer for mercy of the Court by swearing an a......nother………………………………. Petitioners. Vs. Mahmudur Rahman and others…………………………………….Respondents. Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, ......y and is subject to decision on the issue of ‘remand’ by the Appellate Division and thus non compliance of the said recommendations, at the present, liable to be proceeded with in accordance with law. 5. In the instant case, the respondent-contemnor Nos. 1, 4 and 5 have been found to be guilt..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....al discretion in granting such leave under rule 18 of the said Order. Further, if a rigid and literal interpretation is given to the newly added words of the statute then that will lead to manifest injustice and would be inconsistent with the object of the legislation. We have no hesitation in holdi......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. ......intiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 do......r that to be entered in the list to be added and annexed to the plaint stating in whose possession the document is. 13. Learned Advocate for the petitioner submits that in view of the provision of law as no case of ‘exceptional circumstances’ was made out by the plaintiff in support of his pr..Category: Civil Law | Date: | Hits: 90
....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.......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.......ome Tax Ordinance, 1984, hereinafter called ‘the Ordinance.’ The applicant being Income Tax Assessee of Intelligence and Investigation Circle-UI, Dhaka under GIR No.3968 Intel NV-III was assessed to Income Tax for the assessment year 1986-87 under section 83(2) of the Ordinance on a total income......wing this gift is that the donor did not also disclose who are his heirs apparent and what portion of his wealth is gifted and that donor did not make any statement as to whether the gift is valid in law. Thus he arrived at a finding that it is a means to evade taxes by taking advantage of self-asse..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... of 1994 convicting and sentencing the accused appellants under section 409 of the Penal Code are set aside. 14. Since there has been no trial in the eye of law, it is necessary in the interest of justice that the case be sent back on remand to the learned Special Judge Court No. 2 Rajbari for a ...... 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.......e ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsan Mahbub, Assistant Attorney- General—For the Respondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 ......of the fact that the accused appellants were tried under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and for that there was no prior sanction for prosecution as required by law, the trial of the accused appellants and the resultant order of conviction and sentence passed a..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.......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.......¦â€¦Petitioner Vs. State………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Not represented—the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha......ugned 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 law, I am inclined to discuss the material evidence on record. 14. P.W.1 Md. Abdul Barek is the i..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.......tions 406/420 of the Penal Code. The learned Magistrate on receipt of the said petition of complaint examined the complainant-appellant under section 200 of the Code of Criminal Procedure and sent it to Thana Statistical Officer for inquiry and report fixing 19-8-93. Subsequently, the learned Magist......imself took cognizance of the offence under sections 406/420 of the Penal Code and issued process against the accused-respondent and transferred the case record to the trial Court for disposal as per law. 3. On receipt of the said file the learned trial Court fixed 26-4-94 for framing of char but..Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction and sentence must be set aside in the interest of justice. 10. Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State...... 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. ......State…………………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Shahnaz Hoque, Advocate—For the Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Sah......e is liable to be set aside. The learned Advocate further submits that having regard to the fact that as the learned Courts below did not properly weigh and sift the evidence on record as required by law, the impugned order of conviction and sentence must be set aside in the interest of justice. ..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. ...... Depot (ICD) at Kamlapur, Dhaka as the original consignees were unwilling take delivery of the said fabrics. The petitioner company then decided to purchase the readily available fabrics in Dhaka and accordingly, opened back to Back LC being No. 8BA/01/98/256 DP on 31-3-98 through Sonali Bank, Corpo......(Special Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- ......zing fabrics of the petitioner as contained in container No. PCIU 4440796 and MLCU 3603969 and rotation No.964/97 and 979/97 dated 28-9-97 and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release..Category: Fiscal/Taxation Law | Date: | Hits: 83
....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.
...... employees of batch 1 to 27 were absorbed, and there must not be any discriminatiosecn as regards age of retirement between the Flight Stewards and Flight Stewardess and respondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to c......ashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. & another……………Respondents
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Counc......r 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 judgment.
2. All the..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....e summons and his declaration dated 5-3-1989 and the endorsement of the postal peon on the letter containing the Summons and illegally allowed the Miscellaneous case which has occasioned a failure of justice. On such grounds he prays for making the Rule absolute and dismissing the miscellaneous case......application an appeal was filled and notices of the appeal was also duly served upon them through process server as well as by post. The learned Advocate, referring to Annexures A and B, submits that according to the report of the process server, the opposite party Nos.1 to 3 were not at home at the...... Judgment ABM Khairul Haque J. This Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional Dist...... 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better management and administration of the Waqf estate and also to take appropriate steps in accordance with law for removal of the said joint mutawallis, the opposite party Nos.1 to 3. Accordingly, this petit..Category: Trust/Waqf Law | Date: | Hits: 189
....the inquiry report but the petitioners stated in supplementary affidavit about receipt of the photo copy of the said enquiry report. The respondents have denied any violation of principles of natural justice or any Rule and Regulation of the Service Rules. The respondents have further stated that th......o furnish the enquiry report in order to enable them to file the reply on 6-11-97 and the respondent on receipt of the same supplied the enquiry report to the petitioners on 16-11-97. The petitioners accordingly replied to the second show cause notice on 18-11-97 denying the allegations. The respond......ar Khan J
Golam Mostafa (Md.) and 2 others ………..Petitioners
Vs.
Bangladesh Jute Mills Corporation and others..................Respondent
Judgment
July 11, 1999.
Cases Referred to-
Malik Afzal Hossain Vs. Bangladesh Jute Mills Corporation and others 18 BLD (AD) 686; Md. Tor......ion 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 issued call..
Category: Employment/Service Law | Date: | Hits: 87
....e Code of Civil Procedure, the power to be exercised by the High Court Division is supervisory which may, also, be exercised suo motu. Section 115 of the Code provides a safeguard to meet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is......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.
......or the Opposite Party.
Civil Revision No. 95 of 1999.
Judgment
AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners an......on of the Courts subordinate to the High Court Division. The High Court Division can interfere with any order, action, judgment and decree if it is satisfied that the same suffers from gross error of law by which a failure of justice has been occasioned. In exercise of this power the High Court Divi..
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.......as rightly and legally rejected the application for sending the judgment debtor to suffer imprisonment again for his failure to pay the m for the second vis-a-vis for subsequent instalments. That is, according to the judgment debtor, he is to suffer imprisonment for once only and not for second time......-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failure to pay installment of the d......d same view was upheld by Full Bench of the Bombay High Court. The result, of my meticulous consideration of the provision of section 16(3B) of the Family Courts Ordinance, 1985 which is a special law enacted for the purpose the judgment debtor cannot avoid payment of the money of the remaining i..Category: Family Law | Date: | Hits: 162
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ng the said two leave petitions their Lordships in the Appellate Division by the judgment and order dated 3-2-99 observed that the matters pending before the Company Bench shall take their own course according to law.
21. In the aforesaid matter i.e. Matter No.99 of 1998, the respondents have fil......
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......er alia, that the names of some of the members have been omitted from the register of members without sufficient cause whereas the names of certain other members have been entered into the register unlawfully.
20. While dismissing the said two leave petitions their Lordships in the Appellate Divi..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......u Sayeed Ahammed J Jalal Uddin Ahmed (Md.) and others………….Petitioners Vs. Delwar Hossain and others……………..Opposite Parties Judgment August 3, 1999. Cases Referred to- Matilal Sikdek vs. Benodini Dashi and others, reported in 28 DLR (AD) 5 and Jamiyar Ali vs. ......site Parties. Civil Revision No. 4341 of 1998 and Civil Revision No. 4342 of 1998. Judgment Abu Sayeed Ahammed J. - Since both the Rules are between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The peti..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....se of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. He further submits that in the aforesaid case the Appellate D......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Atiqullah………………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: ......al position as enunciated by the Appellate Division in the case of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. ..Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544....... No. 15 of 1990 dated 19-4-90 was started on the basis of information given by one Shafiqul Islam that of Bedana Begum, wife of accused Abul Kalam Mollah, committed suicide at 05-00 PM on 18-4-90 and accordingly, the informant of the present case was deputed for holding inquiry wherein the present i......an Ameen J Abul Kalam Mollah…………………………… Appellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshi......strate who recorded the confessional statement of the accused, said that he recorded the confessional statement of accused Abul Kalam Mollah on 21-4-90 observing all the formalities as provided under law. He further claimed that the confessing accused confessed his guilt at his free will and that af..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......nable length and perused the petition. 3. The learned Counsel submits that the said Criminal Miscellaneous Case which was filed under section 561A of Code of Criminal Procedure was not disposed of according to him considering the ground taken in the application of the Miscellaneous Case under sec......eed Ahammed J Md. Awlad Ali J Mostafa Aminur Rashid……………….. Petitioner Vs. State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For t......edure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very cle..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......nable length and perused the petition. 3. The learned Counsel submits that the said Criminal Miscellaneous Case which was filed under section 561A of Code of Criminal Procedure was not disposed of according to him considering the ground taken in the application of the Miscellaneous Case under sec......eed Ahammed J Md. Awlad Ali J Mostafa Aminur Rashid……………….. Petitioner Vs. State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For t......edure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very cle..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. Case Referred to- Tourni vs. National Provincial and Union Bank of England (1924) 1KB 461. Lawyers Involved:...... of Khurshid Alam and Co. calling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..Category: Banking Law | Date: | Hits: 196
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