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Enamul Haque Vs. The State, 2006, 35 CLC (AD)
.... "It is true the learned Magistrate did not pass necessary orders on the applications filed by the informant and the predecessor followed by him was not proper. But such omission on that part of the learnedMagistrate or the order passed by the tribunal with observation ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....ife of the deceased was killed by one Shohel, a relation of accused Mashuq Mia. A salish was held over the matter at the residence of accused Mashuq Mia on 13.11.1992 at about 8.00 A.M. The informant party and others went to the salish at the house of accused-appellant Mashuq Mia where accused ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....y the High Court Division in Writ Petition No. 2095 of 1999 discharging the rule issued against the judgment and order dated 9.5.1999 passed by the First Labour Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay proport...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....t of whole of customs duty and sales tax payable thereon under the said Act and ordinance, subject to the following conditions, namely: (2) Bills of entry duly filled in along with all relevant particulars, proof of value, along with such other detail as may be required by the Collector of Cus......the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty and sales tax payable thereon under the said Act and ordinance, sub......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
...., Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. T. H. Khan, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record-For Respondent No.1. Ex-parte-Respondent Nos. 2-10. Civil Appeal No. 07 of 1999 (From the Judgment and Order date......what else remains for the defendants to stick to their claim? 9. It has been emphasized on behalf of the defendant respondents that record of rights standing in their names and subsequent payment of rent exclude the possibility of existence of any right or title of the plaintiff res......the defendants wrongly prepared the record of rights in their names. The defendant Nos. 1, 2, 4 and 5 contested the suit by filing a joint written statement contending, inter alia, that Amir Ali took loan when he was on his death bed from Mojibur Rahman, predecessor of the defendants and agreed to m..Category: Property Law | Date: | Hits: 57
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Res...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....ity to pass any of such interim order". Thereupon the Respondent Nos. 1-11 filed the writ petition seeking the relief as quoted hereinbefore. The High Court Division by the order appealed (ad interim part) upon issuing Rule passed ad interim order, which runs as: "The Respondent Nos. 1-3 are r......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. .......11.1968 from the Government, and constructed a pucca residential building on taking loan from the House Building Finance Corporation; that it was redeemed on 24.4.81 after his return from Karachi on payment of the balance debt to the H.B.F.C.; that the plaintiff with the members of his family had b......shy;dential house at Mirpur, Dhaka) belonged to the appellant, who took the land by an indenture of lease, dated 14.11.1968 from the Government, and constructed a pucca residential building on taking loan from the House Building Finance Corporation; that it was redeemed on 24.4.81 after his return f..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....aring of the leave petition upon which leave was granted accordingly. 8. He further submits that the High Court Division committed error in holding that no contract was formed between the parties inasmuch as there was clear offer and acceptance between the parties and in case of breach o......nder for selling the goods "as is where is" basis and the plaintiff submitted the tender accepting the said condition and ought to have lifted the goods within the stipulated period on payment of balance money arid the plaintiff having not clone so in fact violated the condition ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....t Appeal No. 377 of 1996 allowing the appeal. 2. The plaintiffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidu......Ali by a deed of sale dated 13.2.1975 out of said Plot No.408. Municipal holding was created in the name of Iman Ali. On the death of Iman Ali defendants have been in possession of RS Plot No. 408 by payment of rents, rates and taxes in separate holding. Similarly the plaintiffs are in possession of......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....w Petitions are directed against the judgment and order passed by this Division in Civil Appeal No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for h......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....hers.... Respondents Judgment March 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by wa......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....mad Fazlul Karim, J.- This appeal by leave arose out of the judgment and order dated 24th August, 2003 passed by the High Court Division in Civil Revision No. 1476 of 2003 making the rule absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief Act and di...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
.... record, the learned S. C. C. Judge found the petitioner being tenant under the plaintiff defaulted to pay rent on the basis of existing relationship as landlord and tenant between the parties. It was further contended that there is no legal infirmity in the judgment of the High Court......t No. 1 as plaintiff instituted the above S. C. C. Suit against the petitioner and proforma-respondent Nos. 2-5 for eviction from the suit premises upon realization of arrear rents and also for payment of compensation on the ground of default in the payment of rents since January, 19......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
.... Act") and also prayed for calling, holding and conducting the AGM for the years 1998-2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was pleased to allow the application of the respondent after in......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....hy;ing the appeal and affirming the judgment and order dated 20.11.1997 passed by the learned District Judge, Khulna in Miscellaneous Case No. 80 of 1997 decreeing the Miscellaneous Case ex parte. 3. The Respondent Corporation herein as petitioner filed the aforesaid Miscellaneous C......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ned District Judge after perusing the evidence on record and hearing the respondent herein passed the impugned order directing the opposite party, petitioner herein to repay the said outstanding loan by 14.8.1998 and further directing that in default, the respondent herein will be entitled to r..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....ated seniority and promotions as Assistant Commissioner of Taxes with effect from 5.8.1974 and as Deputy Commissioner of Taxes with effect from 31.10.1977 above Mr. Anawaruddin Ahmed, (the opposite party No.3 and 58 others in the Administrative Tribunal Case No.218 of 1991); that as per Rule (II)-......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....posed of the Appeal No. 5 of 1994 without calling the persons who figured as the witnesses in the deed of the Respondent No. 1 (herein appellant) and that without considering the paper filed by the parties. The learned Additional District Judge also held that the Respondent No. 1, who was the pe......espondent No. 1 having felt necessity of cash money he on receiving Tk. 36,000/- from the appellant and his brother Fazlul Haque (now dead) mortgaged shop no. 235(kha) with the stipulation that on payment of the money the shop as well as the mortgaged deed would be returned and also possession o...... mortgaged the shop no. 235(kha) to the appellant and his brother Fazlul Haque, who died later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of m..Category: Procedural Law | Date: | Hits: 111
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
....42 of 2003) Jaber Sheikh…………....Appellant (In Criminal Appeal No. 43 of 2003) Vs. The State…………….....Respondent (In both the cases) Result: The appeals are allowed in part. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Appellants(In both the ca...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
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