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Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......e pre-empted is already reconveyed before exercise of the right of preemption by filing the statutory application, then the preemptor has got nothing to pre-empt on the date of such application. Only question that is material is, whether or not the vendor actually got back the land by such reconveya......in allowing the preemption upon the cited authorities. 14. I have examined the record. 15. Only issue that is facing me is, whether or not the Court of appeal below was justified in the facts and circumstances of the case and the evidence on record in allowing the prayer for preemption..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......ellant Khalil left his house on 15th Bhadra on the plea of going to Dhaka and that on that night the incident took place. This statement remains uncontroverted. The defence also admitted by putting a question to PW 9 that the appellant Khalil demanded property to his father. PW 2 also admitted that ......tradictory. The Magistrate recording confession did not formally prove the confessional statement and in an evasive manner stated that the statements were recorded after observing formalities. In the facts of the given case, this Court discarded the confessions as neither true nor voluntary. ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......trumental for the death of Tofizuddin, inasmuch as, it was alleged that as a result of his gunshots, the victim succumbed to the injuries on the spot. He was focused as the principal accused. Now the question is, whether a Court of law can give its consent for withdrawal from the prosecution of an a......learned Public Prosecutor can seek withdrawal without assigning proper reason other than the reason assigned by the Ministry of Home Affairs. Since we have come across huge number of cases of similar facts, we feel it proper to address the point in the light of the existing decisions on the subject...Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ioner of Taxes found Taka 58,00,000 out of a bank loan of Taka 66,25,478 was invested for renovation of house and that such investment was not shown in the wealth statement for the assessment year in question and thereby, was concealed. Consequently, a deficit in wealth was created by such concealme......ted 15-6-03 (Annexure-E) under section 93 and order dated 24-12-03 (Annexure-F) imposing penalty under section 128 of the Income Tax Ordinance, 1984 by the Deputy Commissioner of Taxes. 2. Short facts out of which the Rule was obtained are that the petitioner was a regular tax payee having TIN:..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......e driven back to seek another declaration and/or correction of the record of rights in another suit which would not only cost the plaintiff but also consume valuable time of the Court. 52. The question was settled long before by Mr. Ali, J in 14 DLR 657. Let me quote him: "There is no ......chedule 'Kha' land, the plaintiff possessed the entire suit land through tenants and two shops through his sons. 26. He submitted that the Court of appeal below rightly decreed the suit in the facts and circumstances of the case and the evidence on record and such decree does not call for any..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ...... Power Rules, 2007 is a discretionary power. After issuance of notice 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 ......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..Category: Anti-Corruption Laws | Date: | Hits: 143
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....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....... any order passed by the Court of Subordinate Judge and Artha Rin Adalat. The learned Advocate submits that there is a clear bar in section 6 of the Artha Rin Adalat Ain that no Court shall raise any question in respect of any order passed by the Court of Artha Rin Adalat subject to section 7 of the......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..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......ying that his eye and hand were tied and wearing Lungi of blue colour. He also found the injury on the victims. These features cannot be mark of identification to establish the fact that dead body in question was that of Asgar Ali. Of course P.W.12 stated in his evidence that relation of each dead b......bt. Probability however strong and suspicion however grave can never take place of proof. 33. The learned trial court has based his judgment 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..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....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. ......roceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Procedure, so far it relates to the attachment and appointment of a receiver in respect of the schedule property in question. 2. The short fact that will be necessary for disposal of this Rule is that on the app......roperly 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..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......ed by the Ministry of Works shall not be declared to have been made without lawful authority and to be of no legal effect and as to why the respondent shall not be directed to release the property in question situated at Plot No.NE(G)-II, Municipal Holding No.7, Road No. 75, Gulshan, Dhaka known as .......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..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72....... passed. It was the case of the defendant Bank that the defendant No.1 namely M/S. YAMA MOTO & CO. LTD., the seller of the machineries has already received the payment against the letter of credit in question and payment to the defendant No.1 M/S. YAMA MOTO & CO. LTD., was made long before the matur...... Therefore no property of the seller company is lying with the jurisdiction of the court for any attachment. 25. In the instant case the court below out of necessity had to investigate certain facts and had to take certain documents into consideration to find whether the schedule property is ..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......f his own inner conscience. The learned Magistrate was completely satisfied that the statement was true and voluntary. This satisfaction followed out of the answer given by the appellant Dablu to the question asked by the Magistrate. In fact Magistrate was satisfied beyond any possibility of doubt t...... night at the advice of the doctor who found his condition to be serious. Thereafter 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..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute 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.......se. 5. We have given our anxious consideration to the respective arguments advanced by the learned Advocates. There is no denial that provision of section 10 of the Code is mandatory. But then the question would be whether this provision will take away the right conferred upon this Court under se.......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..Category: Civil Law | Date: | Hits: 88
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
...... direction not to disconnect the gas line or interfere in the business in any way whatsoever till disposal of the Rule. 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 woul...... 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..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....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. ......emporary period. The papers annexed to the supplementary affidavit are commercial invoices of the goods imported by other importers showing the invoice value. From those invoices we cannot decide the question as to how the duty was imposed and what was the basis of assessment because the bills of en...... 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 30‑10-96 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..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....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.......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.......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..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......n. The learned Advocate further 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 analogous......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..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......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..Category: Company Law | Date: | Hits: 220
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......existence of an arbitration agreement and the award passed thereupon must be held to be void.
17. He also submits that the ex parte decision of the High Court of Justice at England or the Award in question cannot bar the suit under the provisions of section 11 of the Code.
18. In support, he c......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..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....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....... plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and for further declaration that the decree in question as described in 'Kha' schedule of the plaint was fraudulent and not binding upon them. The......, 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 ..Category: Property Law | Date: | Hits: 28
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