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Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......issions advanced by the learned Counsels, we have gone through the writ petition, as well as the other materials on record and given our anxious consideration to their submissions. 10. Now, the question calls for consideration whether, the writ petition relating to transfer of a Government ser......-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner is a renowned physician. On 3-11-1997, he joined ..Category: Employment/Service Law | Date: | Hits: 89
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......r to cross-examine plaintiff Md. Asgar Ali on the ground that he did not state any material fact in respect of the suit and, as such, there is no necessity to cross-examine him. 9. To resolve this question we may reproduce section 138 of the Evidence Act which reads as follows: “Order of exa......ed 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule are that, opposite party No. 2 Md. Asgar Ali as plaintiff in..Category: Procedural Law | Date: | Hits: 76
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....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.......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.......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..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......n the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in question were stated. 2. Respondent No.2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Ba......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..Category: Civil Law | Date: | Hits: 78
....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.......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......./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..
Category: Labour and Industrial Law | Date: | Hits: 109
.... 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. ...... 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. ......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..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......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..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... 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........ 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....... 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..Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....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. ...... pipes made of cast iron for the purposes which comes within the description of materials and products mentioned in Class‑6 and not under Class‑ 11. As such, the learned Advocate submits that the question of passing of his products as the products of the petitioner, does not arise, as such, the ...... 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..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....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.......g the transfer effected with sanction of the Administrator under section 56 of the Ordinance is not maintainable. Moreover, he submitted that after completion of the transfer of title by the deeds in question and delivery of possession, subsequent cancellation of the sanction would be of no legal ef...... 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..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......্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..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......yment of VAT as determined by the VAT authorities at the trading or supply stage against the bill of entry of the goods cleared in accordance with law. 15. We have perused the records. As the questions raised in the writ petitions are the same, we heard them together and now, dispose of them...... 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..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......efore us the FIR, the charge sheet submitted by the police against the convict appellants, the evidence of the witnesses by the prosecution as well as the impugned judgment. 14. The pertinent question in this case is, whether the learned Speedy Trial Tribunal has jurisdiction to try the ac......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-..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......icide 4 days after the alleged occurrence of rape by taking poison. The learned Advocate also refuted the contention that the subsequent acts of the accused persons led to the suicide and hence the question of any offence under sections 9(2) or 9(3) of the Ain does not arise. He elaborated by subm......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..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......945 183, Court of Appeal held— "An impression as to the demeanour of a witness ought not to be adopted by a trial judge without testing it against the whole of the evidence of the witness in question, and it was open to the appellate Court to find that the view of the trial judge as to the ......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..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. ......h has provided privilege of deduction from the sentence of imprisonment the total period of custody the accused suffered in connection with the offence. The High Court Division in order to decide the question as to how far the provision of the Code applies to the proceeding under the Special Powers ......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. ..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is 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) 492.......e of justice. The learned Counsel further contends that if she would have been examined as a witness then only it could have been possible to unearth the truth of keeping the arms and ammunition in question from where it was recovered. By putting full emphasis on the above argument the learned Adv......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..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. ......t himself kept those arms and ammunition from where it has been recovered as the place of recovery admittedly, as it has been revealed from the record, is an open place where anyone can enter. The question of plantation can be ascribed in the instant case for which the convict-appellant should g......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. ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....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.......Board of Revenue, in particular the customs authority, had no authority to say that IDSC was not a tax. 25. In the case of Zaminur Rahman and others vs Bangladesh and others 31 DLR (AD) 171 a question arose as to whether "Octroi" was a tax. The Appellate Division disposed of the question on ......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..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)
.... 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.......r, Dhaka through Treasury Challans, before the Bangladesh Bank on 10-1-2002, 29-1-2003 and 16-3-2003. 6. The petitioner along with other family members have been residing in the said flat in question upon payment of rent regularly. 6n 30-3-2003 the official of the Government, respondent No.......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..Category: Property Law | Date: | Hits: 34
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