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Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....ncillary or consequential direction was required to be made to ensure neutrality. 16. Propriety and the necessity of passing such ancillary or consequential direction is not too far to seek in the facts and circumstance of the case. It is clear from the respective cases put forth by the parties t...... Md. Joynul Abedin J Tahmid Ahmed …………….Petitioner Vs. Jalaluddin Jaffar Ali Hussain ……………Objector Judgment February 7, 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Ittef......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....barred by the principles of res judicata due to passing of decree by Artha Rin Adalat in favour of the plaintiff of the Bankruptcy suits and against the defendants of those suits. 12. In the above facts and circumstances we find no merit in these Rules. In the result, all the Rules are dischar......ion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Shamshad Asif……………………………Petitioner Vs. Additional District Judge and others……….Respondents Judgment June 16, 1999. Lawyers Involved: SB Bhandary, ......ition submitted that after service of notices upon the petitioner by the Bankruptcy Court no written objections under section 27 of the said Act was filed by the petitioner in any of the cases and no evidence was adduced by any party and, as such, there was no scope for dismissal of the plaint under..Category: Civil Law | Date: | Hits: 78
..../61/222 (2) dated 16.08.2001 (Annexure-B to the writ petition) issued by the respondent No.4 alleged to have illegally declaring the appellants physically unfit to do their respective jobs.
2. The facts involved in case, in short, are that the appellants having their identification and registrati......
This Case is also Reported in: VII ADC (2010) 803.......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
....bunal in A.A.T. Case No.36 of 2006 allowing the appeal reversing those dated 31.01.2006 in A.T. Case No. 144 of 2005 (new) and 133 of 2004 (old) of the Administrative Tribunal No. 3, Dhaka.
2. The facts involved in the facts, in short, are that the petitioner in Appeal No.32 of 2006 was appointed................Petitioner (In Civil Petition No. 1323 of 2008)
Abul Kalam (3)....................Petitioner (In Civil Petition No. 1324 of 2008)
Vs.
Bangladesh Bank, represented by the Governor and others….......Respondents (In all the cases)
Judgment
July 26, 2009.
Lawyers Involve...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....singh in Other Class Appeal No.374 of 1994 reversing those dated 11.10.1994 of the Senior Assistant Judge-in-Charge, Mymensingh Sadar, in Other Class Suit No.58 of 1993 dismissing the Suit. 2. The facts involved in the case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Cha......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Dr. Md. Kamrul Ahsan Talukder…………............Appellant Vs. Nurun Nahar and others…………………………………Respondent Judgment May 5, 2009. Cases Re......d to dispose of the suit in accordance with law. Obviously, the suit is for specific performance of contract and the plaintiff to get relief within the frame of the contract and the fact if proved on evidence, the Court in exercise of its discretion could allow the same or in fitness of the case d..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
.... order No. 35 dated 28‑6‑1999 passed by the 2nd Artha Rin Adalat, Dhaka in Miscellaneous Case No. 36 of 1993 transferring the aforesaid case to the Court of the District Judge, Dhaka. 2. Short facts relevant for the purpose of the case are that opposite party Bangladesh Shilpa Rin Sangstha fi......vil Revisional Jurisdiction) Present: Gour Gopal Saha J Md. Abdus Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case R....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
.... Act), praying for expunging the trade mark registered under No. 38818 in Class‑6 consisting of the word 'Lucky' granted by the Opposite Party No. 2 in favour of the Opposite Party No. 1. 2. The facts leading to the filing of this application are that the petitioner has been engaged in manufact......2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
.... 1962. He also submitted that the Administrator had to cancel the sanction on being satisfied that the sanction was obtained through misrepresentation and in fraud of the trust. 11. In view of the facts and circumstances of the case that in 1954, the waqf was created but no steps were taken to en........……………..Petitioner Vs. M Aslam Miah & others......…….opposite Parties Judgment July 8, 2002. Cases Referred To- Serajul Karim Chowdhury Vs. Abul Khayer Chowdhury and others, 2 BLC 517; Syed Mahmud Ali Vs. Md Asmatullah and others, 32 DLR (SC) 39; Jamaluddin Vs. ......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....্গম করেন, তাহা হইলে তিনি উক্ত নারীকে ধর্ষণ করিয়াছেন বলিয়া গণ্য হইবেন। In the facts and circumstances and from the materials on record and evidence, it does not show that the vic......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se......ed to marry her. On this ground accused could not be held guilty of rape. And further, accused having frequent sexual intercourse with prosecutrix for more than one year by promising to marry her. No evidence that the statement of the appellant was false. Accused could not be convicted for cheatin..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
.... the rate of 1.5% the petitioner obtained the present Rule and ultimately got release of the goods by furnishing bank guarantee for an amount of Taka 18,83,376 for advance VAT. 9. Affidavit of facts in all the writ petitions were filed on behalf of respondent No. 3, the Commissioner of Cust......…………….Petitioner Vs. Chairman, NBR & others……………………Respondents Judgment August 15, 2007. Lawyers involved: Mahmudul Islam with Mizanul Haque Chowdhury and Md Hasan Rajib Prodhan, Advocates—For the Petitioners. M Fida Kamal, Attorney General with ...... Notification being SRO No. 260 dated 30-8-2004 at the time of import of said goods. Copies of the certificates from the relevant VAT authority annexed as Annexure L to the supplementary affidavits evidence payment of trading VAT of Taka 22,22,590.42 in respect of the goods cleared by two bills of..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....e of Criminal Procedure due to physical torture of the police and so the confessional statement is not voluntary and true. 8. The learned Judge of Speedy Trial Tribunal on consideration of the facts and circumstances of the case and evidence on record passed the judgment and order dated 31-......e is also Reported in: 59 DLR (2007) 520.......torture of the police and so the confessional statement is not voluntary and true. 8. The learned Judge of Speedy Trial Tribunal on consideration of the facts and circumstances of the case and evidence on record passed the judgment and order dated 31-1-2005 convicting and sentencing the acc..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....es not arise. He elaborated by submitting that in order to come under the provisions of section 9(2) of the Ain the death must be the natural consequence of the acts of the rapists and clearly in the facts of the instant case the death having been by way of suicide, the conviction of the accused und......……. Condemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. Stat...... case appears to be one of innocence and that the accused was falsely implicated in this case at the instance of their enemies due to political rivalry and grudge. 7. Upon consideration of the evidence and materials on record, including the deposition of the witnesses, the learned trial Judge..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
....prosecutrix Matiza Begum (PW 9) did not implicate any of the accused appellants in the instant case. Next, he submits that the trial Court most illegally and in total ignorance of law governing the facts and circumstances of the present case convicted the accused-appellants only on the basis of th...... This Case is also Reported in: 59 DLR (2007) 499. ......sconding accused persons. 6. The prosecution during trial examined total 12 witnesses to prove its case and they were cross-examined by the State Defence Lawyer. 7. On completion of the evidence the accused-appellants could not be examined under section 342 of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......with Md. Rabiul Karim Assistant Attorney-General—For the Respondent-State. Jail Appeal No. 1027 of 2005. Judgment Khademul Islam Chowdhury J.- This Jail appeal is directed against judgment and order dated 17-72005 passed by the learned Special Tribunal No.5, Mymensingh, in Special Tribu......ion examined 9 (nine) witnesses including the investigation officer. Defence examined no witness. The defence case, as it appears from the trend of cross-examination, is one of innocence. On close of evidence of the PWs the appellants were examined under section 342 of the Code of Criminal Procedure..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....that this is a fit case where the accused appellant should get benefit of doubt. It is dangerous to sustain an allegation of section 19A and 19(f) of the Arms Act when it is not clearly proved on the facts and circumstances of a particular case that the arms and ammunition alleged to have been recov......vs State 9 MLR 429; Mushfiqul Islam vs. State 52 DLR 593; Tariqul Islam vs State 2001 BLD 140 = 6 BLC 134; Abdur Razzaque 51 DLR 83; Kamruzzaman vs. Babul Sikder 47 DLR 416; Babul vs. State 5 MLR 377 and 1988 BLD 106 . Lawyers involved: Md. Abul Hossain Azadi, Advocate—For the Appellant. ......plained to him to which he pleaded not guilty and demanded trial. 4. The prosecution examined as many as 9 witnesses out of 15 witnesses and the defence examined none. After closing of the evidence the accused appellant was examined under section 342 of the Code of Criminal Procedure when..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......Daud Ali Daud Hossain vs State 27 DLR 251; Abul Hasem Master vs State 44 DLR 159; Iftekhar Hassan Chowdhury vs State 47 DLR 451; Telebur Rahman vs State 49 DLR 167; Abul Kashem vs State 50 DLR 356 and Nazrul Islam vs State 50 DLR 515 . Lawyers involved: Hasan Foez Siddique with AKM Monir-......he prosecution witnesses from where it appears that the defence case is of innocence and that the accused-appellant has been falsely implicated in the instant case. 6. After closing of the evidence, the accused-appellant was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....om the tax stations as tax. Such receipt of IDSC is shown to form part of the Consolidated Fund. 24. It appeared to be really difficult for the learned Additional Attorney-General to deny the facts that IDSC was always received as tax and did form part of the Consolidated Fund and that all t......urisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J HP Cold Rolling Mills Ltd……………………………………….Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25, 2007. Case Referred To- Za......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....tting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that the petitioner entered into a Lease Agreement on 2710-1971......an J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander ...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....itioners, submits that the lease of the plaintiff-opposite party was expired on 14-8-1998; that he has no right in the suit land, that the learned Additional District Judge, without considering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and ......vil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Superintendent Engineer, PWD & anr……………………………..Petitioners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11,......he plaintiff-opposite party was expired on 14-8-1998; that he has no right in the suit land, that the learned Additional District Judge, without considering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and that the impugned judgment and decree..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....ous Appeal No. 88 of 1995 reversing those of the learned Assistant Judge, Phulpur, District Mymensingh dated 29‑8‑1993 allowing the pre‑emption in Miscellaneous Case No. 91 of 1992. 2. Short facts for disposal of this Rule are that the petitioner as pre‑emptor sought pre‑emption of the ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Razzaque J Jinnat Ali (Md)..................................Petitioner Vs. Md. Abu Bakkar Siddique and others...............Opposite-Parties Judgment June 11, 2002. Case Referred To- Raf......question of defect of party, limitation and pre-emptees claim of some other price other than the price shown in the Kabala under pre‑emption. The learned Subordinate Judge, however, considering the evidence on record reduced the development cost from Taka 5388 to 4000. He further, held that the pr..Category: Property Law | Date: | Hits: 37
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