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Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
....nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ......ell is that the deceased Joynal Abedin brother of the informant P.W.1; Md. Azizul Haq used to live at Mymensingh town and he was an Advocate Clerk by profession. On 15-06-1996 he came but for his village home at village Huzrikandi. On the way at noon he took meal at the house of Kasiruddin of villag..Category: Criminal Law | Date: | Hits: 142
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
...... pursuance of decision contained in Annexure‑C. This extended period of six months and the actual period of operation of the Ferry ghat by respondent No.5 from 9‑1‑96 to 30‑6‑96 make up one full year for him.
8. Precisely the question before us whether the authorities i.e. respondents 2......out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
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Category: Civil Law | Date: | Hits: 178
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......of sale and also no issue regarding it had been framed by the Courts below. Moreover the agreement to sell is contingent in nature. No rights or interests passed over to the defendant purchased until full payment has been made to the House Building Finance Corporation. Therefore, the only question w......is Rule. 10. Mr. Zakir Ahmed, the learned Advocate for the petitioner, contends that the suit property cannot be transferred without the consent of the House Building Finance Corporation, the mortgagee, who reserves such a right over the property by the House Building loan agreement under which t..Category: Civil Law | Date: | Hits: 132
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ...... no change after the nationalisation of banks. The nationalised banks and their offices maintain their character as "a bank" and therefore, even after nationalisation, the said Act, it appears, has full force and application to all the nationalised banks and their offices, including the Sonali B......e purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. The prosecution case, in brief, is that the accused respondent Abdul Awal. Manager, Sonali Bank, Stadium Branch, Dhaka contravened the provisions of the Shops and Establishment..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......t but those having had passed against the law those are liable to be set aside by this Court. 8. No one appears for the Opposite Party. 9. I have gone the Judgments of the Courts below very carefully and I have gone through the contract itself. 10. On perusal of the contract it shows that m......enunciated the principle for entering a contract who is competent to make a contract in section reads thus: "11. Who are competent to contract.- Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not di..Category: Civil Law | Date: | Hits: 129
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......e period and a Rule Nisi was issued on 12.3.89; that in the said Writ Petition the petitioner annexed copies of some official documents in order to show that he had. been performing his functions dutifully and did not hush up the manipulation of bills; that though the said documents were marked as c......t High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Kazi Ebadul Hoque J Nurul Huda Miah (Md)……………Petitioner Vs. Dhaka Water Supply and Sewerage Authority and others……………Respondents Judgment May 25, 1992. Result: The Ru..Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......on is granted not with a view to earn revenue or for any mala fide intention but for a discernible reason to carry out a welfare scheme for the benefit of a distinct group of a section of people rightfully deserving it. We have further seen from the record that this principle and precepts have not b......ey for the second Tender for the said Canal Toll station. Thereafter, the petitioner came to know from a reliable source that on 2-5-99 an application was made by the Bangladesh Muktijuddha Sangsad, Bagerhat District Unit Commander, Bagerhat to the State Minister for Shipping for lease of the said C..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357....... of the uncertain position in which he has been kept for such a long time. A copy of the letter of the petitioner dated 2-12-95 has been annexed as Annexure-Z(2) to the petition. The petitioner being fully trained and effective in his post, having spent a long time in learning the expertise and havi...... than the target for that year. As an acknowledgment of the petitioner’s highly satisfactory performance on 2-1-95 the Collector of Customs, Excise and VAT Collectorate Dhaka (North) sent him a message of congratulation. A copy of the congratulation letter date 2-1.95 has been annexed as Annexure-..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ...... stated in his letter that CMA COM has fulfilled all legal requirements to establish a Bangladesh registered company and requested a shipping licence as a final legal step to start its activity, in full compliance with the existing regulation. In a very surprising move, in the context of strong ......008. 2. The facts of the case, in short, are that the writ-petitioner is a private limited company incorporated on 04.01.2007 under the laws of Bangladesh for conducting the business of cargo agents, forwarding agents, clearing agents and/or general agents for operators of air, sea, land a..Category: Administrative Law | Date: | Hits: 318
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......4) of the English Arbitration Act, 1950, in view of Exception I to section 28 of the Contract Act and on the question of proper law of contract as envisaged under the Private International Law. After full hearing, the learned Subordinate Judge under his order dated 27‑11‑94 held that the Court h......assed by the learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitration Miscellaneous Case No.37 of 1994 should not be set aside. 2. The petitioner British Airways Plc is an Airline engaged in the business of carrying passengers and goods to and from different parts of the world. The ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......93. Sale had been confirmed on 20.4.1939. Process under Order XXI Rule 95 of The Code had been issued on 18.5.1939. Possession had been delivered on 8.6.1939 and Execution case stood disposed of with full satisfaction on 15.7.1939. Exhibit 3 is Certificate of Sale of property under Order XXI Rule 94......……………Defendants-Opposite Parties Judgment May 17, 2007. Result: TheRule is made absolute. Cases Referred to- Jagannath (Plaintiff) Vs. Baldeo (Defendant), 1883 ILR Vol. V Page 305 Allahabad Series (F.B); Tara Prasad Mytee and another Vs. Nund Kishore Girl and others, ILR ..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......greement has been interpreted in the following language: "A separate agreement for reconveyance does not require registration." 11. I myself cite another decision which is AIR 1926 (Boin) 497 a full Bench decision wherein it has been held as follows: "A document namely, the deed of agreemen......versing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner filed the suit for declaration that the two Kaba..Category: Property Law | Date: | Hits: 117
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......re taken to hospital but succumbed to their injuries later. It is claimed by the witnesses such as P.Ws.2, 3 4, 5, 6 and 18 that they have recognised the accused by the light of the moon which was in full bloom. 3. Daroga after getting the information arrived at the scene of occurrence on the fol......ouse of the informant is known to be a garow house (where, dacoits from various parts, used to assemble for preparation and commission of dacoity) and they were assembled at about 11‑00 PM; the village people after coming to learn attacked them and in the fight they might have succumbed to their i..Category: Criminal Law | Date: | Hits: 104
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....on of section 7(1) of the Muslim Family Laws Ordinance are complied with regarding service of notice to Chairman of Union Council a talaq would fail to operate and, therefore, the talaq cannot free a woman to marry a man, the provision of section 7(1) standing on the way. 48. In Abdul Aziz Vs. Re......isconducted itself as to produce a glaring miscarriage of justice, or has been tricked by the defence so as to produce a similar result". "Sections 417, 418 and 423 of The Code give to the High Court full power to review at large the evidence upon which the order of acquittal was founded, and to rea......fact, except in cases in which the lower Court has "obstinately blundered", or has "through incompetence, stupidity or perversity" reached such "distorted conclusions as to produce a positive miscarriage of justice," or has in some other way so conducted or misconducted itself as to produce a glarin..Category: Family Law | Date: | Hits: 165
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
......ion that a Statutory Body, in absence of any service rules of its own, may follow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case they must follow the above Rules 1985 in full and not in part and accordingly the petitioner No.1 not having a service rules of its own at th......t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
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Category: Labour and Industrial Law | Date: | Hits: 832
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......lection petition would be out of time by 3 days. 24. The learned Advocate for the petitioner, in support of his submission that procedural amendment takes effect retrospectively, referred to a passage of Maxwell on the Interpretation of Statutes (Twelfth Edition by P. St. J Langan) which reads as..Category: Election Law | Date: | Hits: 301
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......ted each other as to who were the other kidnappers. Comparing the evidence of P.W.2 and P.W.10 we find that only one accused raped her and that he must be Bazlu. Furthermore Bazlu and Hamayet are the full brothers' and Belayet and Badla are their bhaista. So it was highly improbable that all these f......on 376, BPC read with section 4(c), the Cruelty to Women (Deterrent Punishment) Ordinance. Allegations against the accused were that appellant No.1 Bazlu, a married man, wanted to marry Mahinur Begum aged 15 years, but being refused he along with other accuseds armed with deadly weapons kidnapped he..Category: Procedural Law | Date: | Hits: 85
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ......6‑92. According to him, statutory duty as shown in the first schedule of the Customs Act is not the effective duty. Government in exercise of its power under section 19 of the Customs Act can allow full or partial exemption of the statutory duty on any goods from payment of customs duty chargeable......fter obtaining necessity documents from the Bank petitioner approached Customs Authority, Chittagong and submitted bill of entry on 26‑7‑93 with all necessary shipping documents through his C & F agent for taking delivery of the consigment after payment of the customs duty at the rate of 15% pre..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ...... to the other side. Ultimately Courts exits for the purpose of doing justice between the parties and not for punishing them, and they are empowered to grant amendments in the larger interest of doing full and complete justice to the parties. Provisions for the amendment of pleadings are intended for......raying for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till realization of the claimed amount and also prayed for a final decree for selling the Mortgaged property described in the schedule to the plaint, on failure to realize the decretal amount. ..Category: Civil Law | Date: | Hits: 117
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......sain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The rule is discharged. Cases Referred to- Abdus Shukur Vs. Rikab Chand, AIR 1958, 52 page 937; Guru Gobinda Basu Vs. Sankari Proshad Ghosal, AIR 1964 (SC) 254; Shamsul Huq Chowdhury Vs. ..Category: Constitutional Law | Date: | Hits: 228
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