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Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
.... Court Division further held that the petitioner is not without any remedy as the Customs Act provides for appeal, revision, etc which the petitioner can avail of by producing evidence on disputed facts. 4. Mr. Md. Abdul Aziz, learned Advocate for the petitioner, has assailed the judgment...... Md. Abdur Rouf J Md. Ismailuddin Sarker J Mohammad Brothers represented by its proprietor Md. Shahidullah……….Petitioner Vs Collector of Customs and another………………………..Respondents ......tertainable. The High Court Division further held that the petitioner is not without any remedy as the Customs Act provides for appeal, revision, etc which the petitioner can avail of by producing evidence on disputed facts. 4. Mr. Md. Abdul Aziz, learned Advocate for the petitioner, has ..Category: Business or Commercial Law | Date: | Hits: 111
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....ate to take cognizance of the offence and to issue process in accordance with section 205(1) CrPC. The scope of enquiry of the, High Court Division was limited to the question as to whether in the facts and circumstances of the case the Chief Metropolitan Magistrate exercised his powers under se......or the Appellant. Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on- Record—For the Respondent. Criminal Appeal No. 4 of 1995. (From the Judgment and Order dated 18.4.95 passed by the High Court Division in Criminal Miscellaneous Case No. 1118 o......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....ered the plaint of the suit ………….We have considered the materials on record and found that prima facie the plaint does not disclose any element of malafide. Rather the facts of the case show that the Bank defendant No.1 acted bonafide and on several occasions the ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana ...... is not enough. Prima facie from the plaint it must be shown to the satisfaction of the Court that the transaction was malafide. If such malafide is prima facie proved then the question of taking evidence in the matter will be required. We have considered the plaint of the suit …&hell..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....Third Single Judge who by his judgment and order dated 9.5.95 discharged the Rule. The petitioner has preferred this petition for leave to appeal from the last judgment referred to above. 2. Short facts necessary for disposal of the petition are, that on 9.5.91 Mr. Md. Ataur Rahman, on Officer of......titioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). J......submits that the learned Third Single Judge has not given any clear-cut finding but discharged the Rule with the observation that it will be for the trial Court to consider whether there is any legal evidence or not. 6. On a close scrutiny of the judgment from which this petition for leave to app..Category: Anti-Corruption Laws | Date: | Hits: 105
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....espective of their rank and status as a part of the fringe benefit along with the house rent and medical allowances, which has been accepted by the appellant by the impugned notification. Thus in the facts and circumstances of the case the said “যাতায়াত ভাতা” cannot be trea......) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Government of Peoples Republic of Bangladesh represented by the Secretary Ministry of Labour and Manpower. Bangladesh Secretariat Dhaka……………… Appellant Vs. Hasan Movies Ltd.......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....y referred to above. 13. The Principal, appellant No. 1, in his affidavit-in-opposition denied the allegations made by the respondents and tried to defend the order of expulsion narrating all the facts briefly that transpired in the meetings of the different administrative bodies of the College ......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Principal, Chittagong Medical College and others ………………Appellants (In all the Appeals) Vs. Shahrayar Murshed ………......volvement in the alleged incident. 10. In the affidavit-in-opposition filed on behalf of the Principal (appellant No. 1) the assertions of the respondents were sought to be met by saying that the evidence produced from different sources before the meetings of the College authorities was contrary..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....aw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from which the petitioner now seeks leave to appeal. 2. The short facts of the case are, that respondent No. 1, Bangladesh Telegraph and Telephone Board, shortly BT......ip;……………………………………………….. Petitioner Vs Bangladesh Telegraph and Telephone Board and others……………………&hell......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....the agreement merged into licence its terms and conditions no longer remained the terms and conditions of a commercial contract became the terms and conditions of the licence itself. Therefore in the facts of the present case the writ petition cannot be resisted on the ground cancellation of a comme......al J Latifur Rahman J Bangladesh Telecom (Pvt.) Ltd………………………………………………………………. Appellant (In Civil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 19......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....n upon setting aside the concurrent decree of the Courts below on the finding that the plaintiffs claim for pre-emption for the suit land only and to the exclusion of the structures thereon, in the facts and circumstance of the case, was barred under the principles of Mohammedan Law which prohib......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&......the Mohammedan Law for pre-emption, the High Court Division negatived the same by referring to the concurrent finding of the Courts below in favour of the plaintiffs made upon consideration of the evidence and holding further that it was not open to the Court of revision to interfere with such f..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... of the suit property and there was no receiver nor the respondents ever prayed for appointment of a receiver for a period of about 18 years till the Suit was decreed ex parte on 27.8.1974. In the facts and circumstances of the case the order of appointment of a receiver of the property in suit ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....Court Division, in our opinion, started with a wrong premise holding that the presumption of correctness of the entries in the Gazette notification does not absolve the Government from denying the facts alleged by the claimant or from disclosing the basis of treating the property as abandoned pr...... Md Ismailuddin Sarker J Government of Bangladesh, represented by the Secretary, Ministry of Works ……….Appellant Vs. Md. Jalil and others…….Respondents Judgment ......ashir and that Alimannessa had died on 10.3.1975 and was buried at the Mohammadpur graveyard. 6. The petitioner contested the case without filing any written statement or adducing any evidence to disprove the claim of the respondents. 7. The petitioner’s case, how..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ment dismissed both the appeals. 11. Leave was granted to consider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstances and evidence in the case properly, keeping in view the definition of “ab...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip......ppeals. 11. Leave was granted to consider the submission of the appellant that the trial Court and the High Court Division fell into an error in not considering the facts, circumstances and evidence in the case properly, keeping in view the definition of “abandoned property” a..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....ee passed by the District Judge Rajshahi on 14.11.69 in Other Appeal No. 66 of 1965 affirming the judgment and decree of the Subordinate Judge, Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ......edules. This order was complied with by the defendants 2 and 3 and the question of title was, accordingly, gone into in respect of these items also. 7. The trial Court after considering the evidence- and hearing arguments of the parties decreed the suit in a preliminary form in respect of..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... sentence of rigorous imprisonment passed on the said appellant should not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a charge under section 165 A of......l No. 362 of 1977). Fakir Shahabuddin Ahmed with Fariduddin Ahmed (in Cr. Appeal No. 200 of 1967). Zahurul Huq Khan with Serajul Huq—For the State. Appeal Nos. 290 and 362 of 1967. Revision No. 568 of 1967 Judgment: &nb......lsely implicated by the DAB Officers to maintain the charge against other accused Abdul Gani under section 165A of the Pakistan Penal Code. The learned Special Judge after considering the material evidence on record found the accused appellant Taru Mian guilty under section 161 of the ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....he accused appellant, that although PW 1 Elahi Baksh stated that the accused took him and PW 7 Gul Mohammad inside the hut and thereafter made an extra-judicial confession in their presence, those facts were not supported by PW 7 Gul Mohammad. PW 7 Gul Mohammad stated before the trial Court that......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ......hese injuries were caused by accused Lutfor Fakir. 5. The prosecution case is mainly based on extra-judicial and judicial confessions which are said to be supported by certain circumstantial evidence. The story of extra-judicial confession by the accused has been supported before the trial..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....f conflicting decree one of trial Court and the other of the Court of appeal then the abatement on account of death of one will not affect the appeal. In this case, as I have, already found in the facts and circumstances of the case that the instant second appeal is not incompetent and this appe......ll be no order as to costs. Ed. ...... vs. Khandkar Mohiuddin 19 DLR 912. In the said Division Bench Case Siddiky J (as his Lordship then was), delivering the judgement observed as follows: "Now upon a reading of the evidence on record along with the pleadings it is clear to us that the plaintiffs case comes under..Category: Property Law | Date: | Hits: 59
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....LR Dacca 71 it has been clearly held after full discussion that convictions and separate sentences for grievous hurt and unlawful assembly with a common object of causing hurt are permissible. The facts of the present case are very similar with the facts of the case reported in 9 DLR Dacca, 71.......s and one month shall run consecutively. Ed. ......e field and, as such, the assault was in exercise of right of private defence of property and was justified. The learned Magistrate thought that this plea was not true and, on consideration of the evidence on record, came to the conclusion that the prosecution story was true and the occurrence t..Category: Criminal Law | Date: | Hits: 69
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... 15th April, 1964 in other Appeal No. 209 of 1963 reversing the decision of the learned Munsif, 1st Court, Sadar, Chittagong, dated the 16th April, 1963 in Other Suit No. 138 of 1961. 2. The facts giving rise to this appeal are, that the plaintiff Dr. Rati Ranjan Sen filed the above menti......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ......ese issues, I must examine the question of title involved in the suit. Be it said that in the plaint, the plaintiff has not set out as to how he acquired his titles. The story is set out in his evidence". Then after a detailed discussion of the evidence on record and the relev..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....cultural Income Tax, Act, 1944 as adopted in East Pakistan are applicable to a Daya Bhaga Hindu Family claiming separate assessment after partition and separation. (II) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possess...... Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....s interest of plots 6 and 7 appertaining to Taluk No. 56509/3 to the extent of 8 annas interest are available for partition." 10. The learned Subordinate Judge repeated the above facts in his judgment in a paragraph just above the issues. He further stated— &q...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......20th September, 1961 recorded the following orders: "20.9.61. Parties are ready. The suit is taken up for hearing and opened. Heard pleaders on both sides. Parties adduce no oral evidence. Documents marked Exts. 1, 1 (a), 2, 2(a), 3, 4, 5, 6 for the plaintiff and Exts. A. A(1)..Category: Property Law | Date: | Hits: 59
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