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M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ...... Samity on 29-3-1998 disallowing the appeal of the petitioner are void, illegal, ineffective and not binding upon the plaintiff and to reinstate him in his job with back wages and other benefits. The case of the plaintiff, in short, is that he was appointed as an Assistant Lineman in Rangpur Pally B......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......t aware of the ex parte decree and that for the first time he came to know about the ex parte decree from Shamsher Ali Sheikh (P.W 2) on 2nd of Baishakh, 1386 BS. 4. The Miscellaneous case was opposed by filing written objection stating, inter alia, that after receiving the record f...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......r section 385 of the Penal Code. The petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was absconding. 3. Be that as it may, the case was sent to the Metropolitan Special Tribunal. The said Special Tribunal in Special Tribunal ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......n respect of the goods of the petitioner imported under LC No. 1170/091/29/96 dated 2nd April, 1996 on the basis of the Invoice/CRF value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his ......300 opened through Agrani Bank, Bangabandhu Avenue, Dhaka; that the beneficiary under the said LC was Messrs Best Corporation, Tokyo, Japan; that the said imported goods were duly shipped from Thailand and arrived at Dhaka ICD (Inland Container Depot), Kamalapur, Dhaka in the last week of June,1..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......d not vacate the premises in suit and that to save them from being evicted on the ground of default in the payment of rent the defendants started depositing of rent by filing two house rent control cases. Hence the suit. 3. It may be mentioned the defendants took lease of the two shops, a......haibor Ali Miah and plaintiff No. 9, that Khaibor Ali Miah died leaving the plaintiff Nos. 1-8, that after the death of Mir Baksha Miah the defendants accepted the heirs of Mir Baksha Miah as their landlords and that after the death of Khaibor Ali Miah the defendants accepted his heirs and ..Category: Property Law | Date: | Hits: 46
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. .............Respondents Judgment June 18, 2006. Lawyers Involved: Abdul Jabbar, Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner (In both the cases). SH Nurul Huda Jaigirder, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ...... Judgment December 13, 2006. Lawyers Involved: Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record—For the Petitioners, (In all the cases). Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No. 1. (In CRP No. 77 ......Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khatian No. 335 of Mouza Bara Maghbazar......int District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khat..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......f Directors of the company with more than 13 members may be regarded as unlawful and the said directors will also be liable for failing to follow lawful instructions of the Bangladesh Bank; in the case of Ghyasuddin Ahmed vs Faruque 38 DLR (AD) 296 it has been held that the powers conferred unde...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... police submitted charge-sheet against the appellant Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under sections 7/9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, in short, the Act. The case thereafter being sent for trial, the trial Court framed charge against the accused under sect......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......onal Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, ...... of the Penal Code or any other special law. Since the four convicts, as to whom my brother Mr. Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover w..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... the work within the stipulated time and in view of the failure of the respondent No. 1 to do so the contracts were duly cancelled; the High Court Division was required to consider all aspects of the case and decide the same independently upon consideration of the evidence on record and submissions ......d documentary evidence in detail. This Court is of the view the learned trial Court came to correct finding by holding to the effect that the plaintiff has no practical basis of claim over the case land. This Court is of the view that the learned trial Court was perfectly justified in disbelievin..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......slam Bhuiyan, Advocate-on-Record—For the Petitioner (In both the petitions). Abdur Razzaq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 2 (In both the cases). Not represented—Respondent Nos. 1 & 3 (In both the cases). Civil Petition for Le......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......ned by law. Before that, it is to be determined whether a fresh departmental proceeding is at all barred after conclusion of an earlier proceeding on the same facts. If the petitioner can establish a case of double jeopardy on facts he can invoke the law under which he is proceeded against which can......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ...... cottage industries, to assist and involve small manufacturers in the development of shoe business and to offer to the customers good quality footwears of given specifications. 3. The respondent's case is that according to the provisions of Notification No. SRO-225-L/83/94-Excise dated 30.6.83 th......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......e No. 67 of 1983. 2. Leave was granted to consider whether the High Court Division was correct in acquitting the principal accused Mohammad Kha alone on the evidence on record. 3. Prosecution case, in short, is that, one day before the date of occurrence accused respondent Mohammad Kha alo......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......ged the buyers to purchase it and himself negotiated the price. This conduct of the pre-emptor was reasonably sufficient to give rise to waiver and acquiescence, and thus estoppel will operate in any case because the conduct of the pre-emptor has induced the purchasers (appellants) to alter their po......t, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......n the house of one Fazlul Karim situate at Nathullabad, Baidya Para Road, P.S. Kotwali District Bakerganj and decamped with valuables worth about Tk. 29,870/- 3. The only witness examined in the case was the Officer-in-Charge Kotwali, P.S. who recorded the FIR made by the said Fazlul Karim on t...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......cree observing that respondent No. 2 had "transferable right" in the properly in spite of his Lease-Deed with the Government which showed his position as that of a mere "Licensee". 4. Facts of the case are not disputed. The Lease Deed between the Government and respondent No. 2 is a "Standard Agr......see' has been used just to show the allottees status and legal position and contends that a licensee's right has been given in s. 52 of the Easement Act, 1882. A licensee has got no interest in the land which he is simply permitted to possess by the grantor of the licence, that is, by the owner of..Category: Property Law | Date: | Hits: 40
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