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Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....o appeal by the four accused-petitioners is against the judgment and order dated 2-7-97 passed by a Division Bench of the High Court Division in Criminal Revision No. 512 of 1996 making the Rule absolute, arising out of an order dated 8-7-98 passed by Sessions Judge, Brahmanbaria in Criminal Mot......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......cedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the trial court as defence and the court may consider it if proved. The investigating police officer ha......nbsp; Abdur Rouf and others... ……………….Accused-Petitioners Vs. ..Category: Criminal Law | Date: | Hits: 66
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
.... Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 18-5-94 in Civil Revision No. 1203 of 1989, making the Rule absolute. 2. The plaintiffs filed Title Suit No. 101 of 1989 in the 3rd Court of Subordinate......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ...... by a further order dated 15-10-89 he appointed Lima Claims and Survey as the Surveyor. The respondent-Government preferred Civil Revision No. 1203 of 1989 against the aforesaid two orders of the trial Court and as already noticed a Division Bench of the High Court Division made the Rule absolu......bsp; Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shafi A Chowdhury and another…………….. Petitioners Vs. Government of..Category: Criminal Law | Date: | Hits: 68
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
.... dated 25-3-98 passed by the learned Company Judge of the High Court Division rejecting the petitioner’s application for direction and clarification and/or modification of the learned predecessor Company Judge’s order dated 21-8-97 in Company Matter No.52 of 1995. 2. Responden......dent No.2 failed to turn up. Again notices were issued on 15-4-95 fixing 30-4-95 for Board Meeting but respondent No.2 again failed to attend. Thereafter the petitioners and respondent Nos.5 and 6 called an extraordinary general meeting on 16-5-95 by issuing notices on 2-5-95 and in the said mee...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... Faruk (Md)……… ……….Petitioner Vs. Abdul Hamid and others………...Respondents Judgment ..Category: Business or Commercial Law | Date: | Hits: 100
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....as, however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 praying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in b...... however, done in the matter and in the meantime different Chambers of Commerce and Industry submitted representations to respondent No. 3 praying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in betw......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....k. 57.00 which was subsequently raised to Tk. 400.00 per month and that he has been paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of the disputed stalls,......itioner claiming himself as a lessee under the Bangladesh Fisheries Development Corporation, briefly BFDC, in respect of the fish selling stalls at 244/245. Mirpur Shah Ali Government Market, Dhaka called in question in the said writ petition the propriety of the orders dated 20-6-90 and 6 Annexu...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ...... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment November 9, 1997. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....rised to see the Member (Operations) Board of Investment (No. 4) among them) is from judgment and order dated 12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical example of w......12 January 1994 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 3693 of 1992. 2. This case, we find, is a typical example of what may be called, bureaucratic foolhardiness which is often complained of as a disincentive for the would-be ......ules made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. Section 11(5) provides that at the time of approving an industrial project under sub section (4) the Board shall give its decisions on all facilities that may b...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd..Category: Business or Commercial Law | Date: | Hits: 112
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
.... 19th January, 1997 passed by a Division Bench of the High Court Division in Criminal Appeal No. 877 of 1994 dismissing the appeal and altering the conviction and sentence to one year rigorous imprisonment under sections 342/34 of the Penal Code and acquitting the appellants of the charge under ......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ......eafter took her in a Pajero Jeep and dropped her near Bangla Motor. Police upon investigation submitted chargesheet and eventually the accused- appellants and another (since acquitted) were put on trial and convicted and punished as aforesaid. 4. Prosecution examined 18 witnesses in supp......bsp; Abdur Rahman and others…………….. Appellants Vs. State ……&..Category: Criminal Law | Date: | Hits: 76
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....siruddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......documentary evidences on record disbelieved the auction sale and believed the dakhilas Exts. A-A (3) which show that Pasiran Bibi paid rents of the land to ex-landlord from 1355 BS to 1358 BS. The trial Judge also believed Exts. A (4) to A (6), dakhilas which also show that Pasiran Bibi paid ren......sp; Saitan Bibi and others………………. Plaintiff-Appellants &..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....98) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular......d. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discretion in the facts and circumstances of a particular case&hell......p;…………… Respondent Judgment August 9, 1998. The Code of Criminal Procedure, 1898 (V of 1898) Section 423 When it is found that after full trial there was a mistrial or trial without jurisdiction the court of appeal before directing a fre......e was a mistrial or trial without jurisdiction the court of appeal before directing a fresh trial by an appropriate court should also see whether such direction should at all be given in the facts and circumstances of a particular case. If it is found that the accused had suffered a considerable..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....of court. In view of tendering of an unconditional apology and throwing himself to the mercy of the Honourable court and considering his inexperience as a young Deputy Commissioner sentence of imprisonment and fine imposed on the contemner by the High Court Division was set aside by censuring hi......the beginning in making the impugned report in particular against the Judicial Officers specially when his appeal against his own conviction was pending and he was not also well advised when he was called upon to show cause for his discourteous and objectionable remarks made against the Judicial ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......lip;….. Respondent Judgment February 11, 1998. The Contempt of Court Act, 1926 (XII of 1926), Section 2 Imputing improper motives to the Judicial Officers and discourteous comments about them amounts to contempt of court. In view of tendering of an uncon..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... The Constitution of Bangladesh, Article 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, pub......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......groups, student community and political parties and created adverse effect on them and the All Party Students Union of the Dhaka University assembled near ‘Oporajeo Bangla” and demanded trial of the detenu and expressed their intention to go towards Cantonment and the Dhaka University...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....a) The Code of Criminal Procedure, 1898 (V of 1898), Section 96 Search conducted with a duly issued search warrant by a competent Court under section 96 Cr. P. C. is a reasonable restriction on the rights enumerated in Article 43(a) of the Constitution……&h...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... (Civil) Present: Latifur Rahman CJ A M Mahmudur Rahman J Kazi Ebadul Hoque J Government of Bangladesh and others ………………..Petitioners Vs. ..Category: Constitutional Law | Date: | Hits: 170
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....after called the company took certain project loan from respondent No. 4 Pubali Bank Ltd. The leave petitioners, namely, Mohammad Yaqub and Habibur Rahman both Directors of the said Bank furnished personal guarantee for payment thereof. Pubali Bank issued notices on 20 August 1995 under section 17(1......0 May 1999 and 19 July 1999 passed by the High Court Division in Writ Petition Nos. 3388 and 3724 of 1998). Judgment Bimalendu Bikash Roy Choudhury J.- Chandra Spinning Mills Ltd. hereinafter called the company took certain project loan from respondent No. 4 Pubali Bank Ltd. The leave petiti......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....; Latifur Rahman CJ.- This appeal by the Government of Bangladesh by leave is against the judgment and order dated 7-7-1997 passed by a Division Bench of the High Court Division making the Rule absolute in part in Writ Petition No. 345 of 1991. 2. The short fact relevant for disposal o......DLR (AD) 199 and wrongly holding that duty is to be paid on the tariff value prevalent on the date of issuance of the letter of credit. 9. As the matter has been agitated before us we are called upon to decide the ratio decidendi of 48 DLR (AD) 199 wherein Abdul Hannan’s case o......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Bangladesh and others................ Appellants Vs. Mizanur Rahman…………&helli..Category: Fiscal/Taxation Law | Date: | Hits: 94
Billal Vs. State, 2000, 29 CLC (AD)
....ternoon of 26-10-1992 and met victim Alamgir Kabir there. Thereafter both of them went away and met appellant Billal. Miraj and Saiful Islam and all of them went to the shop of the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir...... the informant after some time. Shortly thereafter they left for the residence of the informant and victim Alamgir Kabir. They stayed there for some time. Then at about 7-30 PM accused Saiful Islam called Alamgir Kabir outside the house on the plea of some talk when appellant Billal, Saiful Islam......ed 6 PWs including the informant and the investigating officer Accused Saiful Islam made confessional statement which was recorded by a Magistrate 1st Class consideration of the evidence on record trial Court convicted the appellant under section 302 of the Penal Code and co-accused Saiful Islam...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....l at the instance of the defendant No. 2 by leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and setting aside the judgment and decree dated 8-7-1997 passed by the 2nd Court of Subordin......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......ed 8-7- 1997 the appeal was allowed by the Subordinate Judge who heard the same holding that removal of plaintiff from service was hot illegal and, as such, set aside the judgment and decree of the trial Court. Being aggrieved by the same respondent No. 1 moved the High Court Division in Civil R......adul Hoque J Syed Jahangir Hossain ……………………………………….Appellant Vs. Md. Moyenuddin and others……………………………&h..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... suit for redemption of mortgage. 2. The plaint case is that, the plaintiff by a registered deed of mortgage dated 26-3-62 transferred the suit land to one Abdul Gafur Mridha, predecessor-in-interest of the defendants for a consideration of Taka 1500.00 with a stipulation” tha......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......e of the said Abdul Gafur Mridha. According to the defendants, the deed in question was out and out a deed of sale and hence the suit for redemption of mortgage is not maintainable. 4. The trial Court on consideration of the oral and documentary evidences on record held that the register...... Mahmudul Amin Choudhury J Asmat Ali………………………. Appellant Vs. Abdur Rafique Mridha and others………………….Respondents Judgment Febr..Category: Property Law | Date: | Hits: 64
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....nt. After the framing of the issues the plaintiffs served interrogatories upon the defendants on 26 September 1996. They were asked to answer them on 6 October 1996. In the meantime the defendants sought extension of the time which was allowed upto 13 October 1996. On 13 October 1996 the defen......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......red FMA No. 27 of 1997 to the High Court Division. A learned Single Judge of the High Court Division, by judgment and order dated 24 August 1998, dismissed the appeal and affirmed the order of the trial Court. 4. Leave to appeal has been sought from the said judgment of the High Court D...... Bikash Roy Choudhury J A M Mahmudur Rahman J Bisheswar Bhattacharjee…………………Petitioner Vs. Shantimoy Bhattacharjee and others………………… Respondents Judgment ..Category: Procedural Law | Date: | Hits: 97
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....nt case not having been made within the statutory time cannot be construed to be a valid deposit for entertainment of a Memorandum of appeal. 7. The contentions raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. ......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ......Appeal. 2. The plaintiff-respondent bank filed Title Suit No. 32 of 1994 for realisation of Taka 16,74,548.01 with interest @ 20% per annum from the petitioners. The suit was decreed by the trial Court leading to filing FA Tender No. 83 of 1999 in the High Court Division. An application ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abdus Sattar and others………………….Petitioner Vs. I..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
.... August 23, 1999. The Limitation Act, 1908 (IX of 1908), Section 28 Permissive possession for indefinite longer period can not vest title on the possessor or his successor. Such possession does not become adverse unless some overt act of the possess......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ave to appeal from the judgment and order dated 6 May 1999 of the High Court Division in Civil Revision No. 3216 of 1997 whereby, in reversal of the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The dispute in this cas...... Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdus Samad (Md) and others………………. Petitioners Vs. Deputy ..Category: Property Law | Date: | Hits: 59
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