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Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......ly a hearsay witness, which does not in any way improve the prosecution case. PW 5 Belal Hossain is another hearsay witness, which is of little consequence. We have given our due consideration to the facts and circumstances of the case and the evidence on record and we fail to persuade ourselves to ..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......al arises on the judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin Case No. 27 of 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made on behalf of Messers..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457....... revision case, which fails accordingly. 8. In the result, the Rule is discharged. Since charge-sheet has already been submitted in the case, an early trial is found necessary and expedient in the facts of the case. The learned trial Court is directed to dispose of CR Case No. 133 of 1999 as expe..Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......ubmits that this contract rooted through statute inasmuch as section 108B of the Transfer of Property Act provided that it is imperative that the lessor will deliver the possession of the property in question on conclusion of the contract. 14. Contract may be said to be rooted/originated from sta......e find this contract of one year lease was made in the discharge of an ordinary function it has not been rooted through statute, nor in the discharge of any statutory function. 12. Considering the facts and circumstances of the case, we find that the instant contract is an ordinary trading contra..Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448....... the Ordinance. Moreover, LA Case No. 15/59-60 and 16/59-60, 3.49 acres of land out of 3.61 acres of CS plot No. 203 was acquired and possession was delivered to the Railway Authority and the land in question was validly acquired by the Railway authority. In the circumstances the Rule is liable to b......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......are unable to take into consideration the fact stated in the supplementary affidavit that subsequently the accused petitioner herein has cleared up the dues of the complainant. Since this is purely a question of fact, the same can only be decided by the trial Court on taking evidence. 8. The lega......ase within the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) Where ..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......hen they have been possessing the ‘A’ scheduled properties and made improvement of the same. Some interested persons after the departure of its Hindu owners managed to publish the notification in question in respect of the ‘A’ scheduled properties naming the same as evacuee properties in the......possession. He submits that as the property was notified as a vested property the plaintiffs had no other alternative but to file the suit to protect their possession. Mr. KZ Alam submits that in the facts and circumstances of the present case the plaintiffs might not have acquired title to maintain..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436....... framing charge of non-schedule offence with the schedule offence and that this violation of law also renders the framing of charge against the accused petitioners illegal for which the proceeding in question should be quashed. In support of his contention, he has cited two decisions in the case of ......ing before the Divisional Special Judge, Chittagong Division, Chittagong and therefore, these two Rules are taken up together for hearing and this judgment will govern both the Rules. 2. The short facts for the purpose of disposal of the Rules is that, opposite party No. 1 as complainant filed a ..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......he “worker and workman” of a commercial business establishment and or an industry and rests on the Labour Laws. Therefore, in the absence of any commercial business establishment or industry, the question of trade union does not arise. The wood Trade Union also leads one to look forward for the ......ated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petitioner’s Union shall not be restored.
2. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade ..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420......., Deputy Attorney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are ......neral, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are being disposed of by..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......s to why order No. 28 dated 13-4-1998 passed by the learned Additional Sessions Judge, Jhenidah in Sessions Case No.4 of 1997 arising out of GR Case No. 3 of 1996 should not be set aside. 2. Short facts leading to the Rule are that informant petitioner on 16-1-1996 lodged an first information rep..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......192 of 1993 by the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Sui..Category: Procedural Law | Date: | Hits: 83
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......ome land of the applicants were included in the campus and, as such, the applicants should have been given a chance to represent their case. In this writ petition there is no scope of determining the question of title and, as such, we find no reason to add them as respondents.
8. The petitioners ......ty. So, the rights are not absolute. Restriction may be imposed by law for the sake of public order or morality. But such restrictions also must be reasonable and what is reasonable may depend on the facts and circumstances under which such restrictions, may be imposed. Moreover, such restrictions m..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......moved this Court and obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impug......obtained the present Rules. 10. In view of the fact that the two Rules arise out of the same judgment, I am inclined to dispose of these Rules by a single judgment, as similar questions of law and facts are involved in the rules. 11. I have carefully gone through the impugned judgments passed ..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405........ State of West Bengal reported in AIR 1974 (SC) 2154). We have noticed that in the grounds the cases have not been mentioned as one of the grounds for detention but to show his past activities. This question has also been finally settled in the case of Habiba Mahmud. It has been observed that where......rty at the relevant time, he managed a final report in that case by exerting pressure upon the police. Mr. Zaman has also referred to the lodged by the father of the victim on 11-2-99 stating all the facts. Mr. Zaman has submitted that this was not treated as FIR but the police entered it into gener..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ear that the passport of the present petitioner was impounded to facilitate inquiry against the petitioner by the Bureau of Anti-Corruption. 6. This Court, in several earlier decisions decided the question as to on what grounds passport of a citizen can be impounded or can be refused by the autho......ms Md. Doha reported in 46 DLR 405. On perusal of those two cases we have found that actually this Court clearly decided the question as to on what grounds passport of a citizen can be impounded. The facts and circumstances of the case reported in 46 DLR have some similarity with the facts and circu..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......le 388(2)) is being consistently followed by the High Court Division (see Md. Wasiq Khan Vs. Md. Sabig Khan, 33 DLR 35 and Jaharunnessa Vs. Safed Ali Bepary and others, 36 DLR 353). 6. The suit in question was transferred from one court to another by virtue of a Gazette notification. The transfer...... record in that court and fix a date for depositing the cost within the time as mentioned n the judgment dated 7-12-83 passed in First Miscellaneous Appeal No. 13 of 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at o..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....and reputation of the plaintiff in respect of the aforesaid trade mark Ghari and clock device started producing and distributing soap by using similar trade mark Ghadi and device which is similar and identical to Ghari and clock device of the plaintiff thus encroaching upon the rights of the plainti......In the decisions reported in 48 DLR 28, 50 DLR 548, 1987BLD (AD) 130 (and 28 DLR 1171) it has been held that in case of passing off, the civil Court may pass for permanent injunction. 12. The next question is, whether the suit for infringement ie the present Title Suit No. 3 of 1999, and the appl......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......g the law and order situation of the country. 7. Since the allegations as made in the grounds of detention are serious in nature, so the detention order cannot be said to be illegal in view of the facts and circumstances of the present case and in the backdrop of law and order situation prevailin..Category: Criminal Law | Date: | Hits: 22
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......e very Writ Petition was not maintainable in view of the fact that the same was filed against a non-government school namely Bangladesh Rifles School and College which is not a local body.
12. But facts remain that the appellant and executive committee of the school were directed to implement th..
Category: Employment/Service Law | Date: | Hits: 133
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