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Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ion of Corruption Act, 1947 read with sections 109, 168 and 169 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong was illegal and without jurisdiction. 2. The facts of the case, in short, are that respondent Nos. 1 and 2 have challenged the legality of Memo N......ructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 11...... under section 26 of the Ain notice under Rule 15(ঘ) does not arise at all. Moreover, issuance of notice under Rule 15(ঘ) is a question of fact, which can only be decided at the trial by adducing evidence. Moreover, in view of the long absconsion of the respondent Nos. 1 and 2 writ petitioners h..Category: Anti-Corruption Laws | Date: | Hits: 143
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....posite party No. 1 under section 151 of the Code of Civil Procedure restoring the Title Suit No. 139 of 1999 arising out of Title Suit No. 32 of 1995) to its original file and number. 2. The short facts for the purpose of disposal of this Rule are that the opposite party No. 1 as plaintiff instit......) 41.......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41...Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....bt. Probability however strong and suspicion however grave can never take place of proof. 33. The learned trial court has based his judgÂment on speculative inference which has not been proved by facts and evidence. In his judgment he has observed that as socket of the eye of the dead bodies wer...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal...... for the appellant has atÂtacked the propriety and legality of the impugned judgment and order of conviction and sentence on the ground that it is bad in law as well as in merit and that there is no evidence to warrant conviction of apÂpellants under section 302 B.P.C. and that during trial there ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....ropÂerly there will be serious breach of peace resulting in serious consequences. Thus, on the basis of this finding, we are of the view that the learned Magistrate has found on consideration of the facts of the present case to be one of emergency and he has rightly attached the subject matter of d......Petitioners Vs. Dr. Amanullah & the State.............Opposite Parties Judgment March 1, 1988. Lawyers Involved: M. Fazlul Karim - For the Petitioners. Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..Category: Criminal Law | Date: | Hits: 32
.....NE(G)-II, Municipal Holding No.7, Road No. 75, Gulshan, Dhaka known as LISMORE COURT from the list of abandoned property and to restore possession thereof to the petitioner.
2. Shortly stated the facts alleged in the petition are that the petitioner, a citizen of Bangladesh, is the son of Mr. Ju......aÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough ...... has any fact been alleged so as to connect the petitioner with citizenship of Pakistan after the law of abandoned property came into operÂation. On the contrary, the petitioner has given convincing evidence that he surrendered his PakistaÂni passport obtained in 1963 in London and that the said p..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......y General with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R.......6.85. On 23.6.85 the acÂcused remained absent and filed a petition for time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned Magistrate fixed 15.7.85 for evidence. 4. On 15.7.85 the learned Magistrate extended the time for trial of the case by 30 days..Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
.... Therefore no property of the seller company is lying with the jurisÂdiction of the court for any attachment. 25. In the instant case the court below out of neÂcessity had to investigate certain facts and had to take certain documents into consideration to find whether the schedule property is ......dent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 7...... the schedule property is still within the jurisdiction of this court for being attached before judgment. It is seen from the judgment of the Court below that the court could not find any documentary evidence to show that the money had already been paid to the sellÂer by the negotiating bank namely..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
.... night at the advice of the doctor who found his condition to be serious. ThereÂafter informant Ahsanul Kabir went to the thana at about 3.30 A.M. on the same night and lodged the ejahar stating the facts referred above. Officer-in-charge of the thana recorded ejahar which was read over and explain......€¦Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......The fact that Sajeda Khatun was murdered has not been challenged by the defence side. P.W.6 S.M.A. Hadi held post-mortem examination over the dead body of the deceased Sajeda Khatun. He stated in his evidence as follows:- "I am now attached to Kishoregonj Upazila Health complex as a Medical Speci..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
.....86 of the Subordinate Judge and Commercial Court No.1, Dhaka passed in Money Suit No.287 of 1986 slaying proceedings of the said Suit till the disposal of Money Suit No. 108 of 1986. 2. The short facts giving rise to this Rule are as follows:- The petitioner instituted on 12.7.86 Money Suit N......…………………..Opposite party Judgment July 30, 1987. Cases Referred to: P.P.Gupta vs. East Asiatic Co. 1960 All 184, Mst. Arifa Begum vs. Khulki MoÂhammad Naqbi, 21 DLR (WP) 209 and Surya Begum vs. Alimullah Mallick, 24 DLR 133. Lawyers Involved: Habibur Rahman Khan Advoc......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
.... the defendant petitioner to restore gas connection to the factory of the plaintiff opposite party within 7 days from the date and to submit subsequent gas bills as per meter reading.
2. The short facts relevant for the purpose of disposal of this Rule is, that there was an agreement signed and e......s Case is also Reported in: 54 DLR (2002) 35.
...... But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudication would require adducing evidence and it would be a best course on the part of the Oil Mills to go to the civil Court for dec..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
.... should not be directed to levy and collect customs duty, VAT and other taxes in respect of the goods imported under L/C No. 1761296122 dated 30‑10-Â96 on the basis of the invoice value. 2. The facts, in short, are that the petitioner is the proprietor of IM Corporation and carrying on busines...... Abu Lokman……………………………..Petitioner Vs. Commissioner of Customs & others…………….Respondents Judgment July 8, 2002. Case Referred To- Mustafa Kamal and another Vs. Commissioner of Customs and others 52 DLR (AD) 1. Lawyers Involved: Md. Ramzan......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....e principles cannot be judicially enforced. We agree with Mr. M Amirul Islam that the workers should get equal benefits and opportunity, but fixing of minimum wages for the workers depends on various facts and circumstances. The purpose of establishment of Minimum Wages Board is not to consider such......o legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....Subordinate Judge and Artha Rin Adalat No. 3, Dhaka for being heard analogously with Title Suit No. 88 of 1998 pending in the Court of Subordinate Judge and Artha Rin Adalat No. 3, Dhaka. 2. Short facts for the purpose of disposal of this Rule are that the present petitioner as plaintiff institut...... copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......ther submits that in view of section 5(4) of the Artha Rin Adalat Ain there is no difficulty in disposing of other Civil cases, specifically in view of the fact that common question of law, facts and evidence are involved in both the suits and the should be heard analogously in order to avoid confli..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....etitioner Dr. AKM Ali, Advocate—For Respondent No. 2. Company Matter No. 9 of 1997. Judgment KM Hasan J.- This is an application under section 233 of the Companies Act, 1994. 2. The facts, stated in the petition, are that the respondent No. 1 is a private limited company incorporat......4 DLR (2002) 28. ...... such a case an application under section 233 will be successful, only if the member’s interest as a shareholder is distinctly divisible. But no such case is made out here, nor is it established by evidence how the petitioner’s interest as a shareholder is prejudiced or discriminated. Therefore,..Category: Company Law | Date: | Hits: 220
....or these reasons that the appellant has a right to institute this suit but the awards and the judgments on the special case by the English Courts constitute a good valid defence to such action in the facts of the present case under section 4(2) of the Protocol Act."
In Orient Transport Co. Vs. Me......e is also Reported in: 54 DLR (2002) 17.......ined shall apply to the Court and the Court shall decide the question on affidavits:
Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit:
..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
...., Sadar, Bhola in Miscellaneous Case No. 12 of 1996 arising out of Title Suit No. 28 of 1994 directing the petitioners to furnish security bond within 7 days, should not be set aside. 2. Material facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs ...... Mitra, Advocates‑ For the Petitioner Not represented‑ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the ......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....ed. The Miscellaneous Case was not dismissed on ground of non‑appearance but for not putting the costs. In such circumstances a Single Bench of this Court held as follows: "In this case from the facts it appears that the application under section 151 of the Code was filed for restoration of the......9.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....LR and 48 DLR referred to above have no application in this case. The decisions reported in 41 DLR and 15 DLR do not bar seeking relief under writ Jurisdiction for a worker or Darwan, Considering the facts and circumstances of the case we find merit in the Rule. Accordingly, the Rule is made abso...... Division (Special Original Jurisdiction) Present: SAN Mominur Matiur Rahman J Md. Arayes Uddin J Matiur Rahman (Md)..............Petitioner Vs. People's Republic of Bangladesh and others..................Respondents Judgment April 24, 2002. Cases Referred To- Mo......N Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10‑11‑1999, evidenced by Annexure-D to the Writ Petition, should not be declared to have been made without in la..Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
..... But the impugned letter dated 24‑5‑2000 written by the Director of the Prime Minister's Secretariat according sanction shows that the sanction was mechanically accorded without referring to the facts. 6. Section 6(5) of the Criminal Law Amendment Act, 1958 makes it a condition precedent tha......dhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shamim‑ul‑Alam, ......cedent that the public servant cannot be prosecuted or proceeded against without sanction from the Government for any offence under the Act. The Government is never required to have any disclosure of evidence before it to accord sanction. But the minimum requirement of this section appears to be tha..Category: Anti-Corruption Laws | Date: | Hits: 138
....tant-General—For the respondents (In both the Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2.......
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
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