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Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....Hossain J Dolon (Md.)………………………….Appellant Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their eviden...... following day. 19. P.W.5 Ashim Saha, a seizure list witness, deposed that on 5-10-2004 at about 12-00/12-15 at noon when he was going to Bangla Bazar to purchase medicine then the RAB personnel called and informed him that a pistol was recovered from accused Dolon. A pistol was shown to him bu......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
.... their tenor and meaning for that reflects the intent and purpose of a legislation. It is only where the meaning is incomplete or ambiguous, it is possible to construe it in a way to remove absurdity so as to give effect to the purpose of a legislation. Where literal meaning of the words used in a s...... arbitration can be enforced………………………………..(35) Interpretation of Statute Modern method adopted by the Courts is literal construction of statutes conditioned by what is called the golden rule of construction. Generally all statutes are to be construed according to the ......their commercial pursuits to their own benefit as well as of the country as a whole, instead of spoiling their efforts in dragging on in fruitless and sometimes in circuitous litigations, causing loss to their business efforts leading to the ultimate national waste. 11. The United Nations Com..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....strands: firstly, it precludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where Directors are in breach of their duties, the majority shareholder in general ...... aforesaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the r...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....1987 defendant prayed for 45 days time to release the garlic and in the meantime he deposited Tk.20,000 to the plaintiff Bank but the plaintiff without giving any time published Tender Notice and sold 2296 bags of garlic. At that time the value of Garlic per KG was Tk. 56 in the market and acc......ted that the plaintiff Bank informed the defendant to take delivery of the entire goods by making payment within three days but the defendant did not receive the goods and thereafter plaintiff Bank called for tender by publishing tender notice in the Daily Observer on 9-9-1987 and in the Daily Itt......aintiff Bank accepted its quotation on 12-10-1987 and the said trading corporation by their letter dated 28-10-1987 informed the plaintiff Bank that the Garlic are Bran, dry and, as such, they are in loss and they prayed for withdrawing their offer made earlier dated 5-10-1987. Plaintiff served a le..Category: Civil Law | Date: | Hits: 106
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
.... J Md. Shahidul Islam………………………Petitioner Vs. Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signa......no marriage ever took place between the plaintiff and the defendant as alleged and there is no iota of evidence to that effect. Mr. Amin has further submitted that the plaintiff, in support of her so-called marriage, could not adduce any iota of evidence and also could neither produce the original K......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....alukder J Foyez Ahmed……………………………Petitioner Vs. State……………………………….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a spec...... done in the instant case by the Executive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the pl...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....ision (Criminal) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004 is......He further submits that FIR was lodged by a person who is not eyewitness and also that the maker of the FIR was not at all present at the place of occurrence when the occurrence took place and he was called by P.W.3 Md. Motaleb over mobile phone and thereafter, he came to the place of occurrence at ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
....ion in law to prefer any appeal against an interlocutory order passed by the Election Tribunal.
3. The respondent No.4 contested the Rule by filing an affidavit-in-opposition stating that he was also a candidate for the post of Chairman in the election of Kawkhali Upazilla Parishad, but defeated.......dent No.1 did not commit any illegality in passing the impugned order dated 08.2.2010 (Annexure-E to the writ petition) in Election Appeal No.02 of 2009. It may be mentioned that the documents/papers called for have already been sent to the Election Tribunal as apparent from the Order No.11 dated 30......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... Azam Ali and another………………………Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce docume......and those of passed by the trial Court is hereby restored and the suit is decreed. 19. The order of stay passed and the order of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ahaque Ali and others……………………………..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burden of proof is that in a case involving severe...... the modesty of his wife, Monowara Begum. It is further stated that accused Enamul Came there and tried his level best to santch away the accused Aza from his hand but failed; that the accused Enamul called others to make accused Aza free; that the witnesses gathered there hearing hue and cry and ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....03 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business of manufacture of soaps and chemicals. The plaintiff imported 1929.211 metric tons of Tallow from Australia under Bill......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
...... are not liable for the aforesaid short delivery and as such the claim is not tenable in the eye of law. As the defendants are not at all willing to settled the claim of the plaintiff and since the loss sustained by the plaintiff was due to negligence, carelessness, misconduct of the defendants,..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....uq J State……………………………Petitioner Vs. Abdul Momin Sardar………………………………Opposite Party Judgment March 22, 1998. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appel......ying for a medical report from the medical officer Sylhet Jail about the health condition of the appellant Abdul Momin Sarder and the Division Bench presided over by MM Hoque J after hearing the same called for a medical report as prayed for and accordingly, the aforesaid medical report was sent by ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....dent Judgment March 23, 2008. Result: The appeal is dismissed. The Arms Act, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the......Mohiuddin under section 19A and 19(f) of the Arms Act by the judgment and order dated 24-7-2005. 12. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence in order to come to a proper decision in this appeal...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....lam and others..............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the governm......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......st for the similar project yet without calling for a competitive bid, the impugned approval was given, that too in the absence of any formal detailed project profile with financial analysis as to the loss and profit in the business of the project and the expected total annual income from the project..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....r for waiver from payment of the requisite tax for want of authority under section 158(2) of the Income Tax Ordinance, 1984, in short, the Ordinance. 2. The petitioner is stated to be a charitable society registered under the Societies Registration Act, 1860, and runs different projects for the a...... the above facts may be not necessary for disposal of the issue(s) that are involved in this Rule but may be illuminating and reflective on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under whic......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases whether the provisions of any ......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......to make the plaintiff a permanent employee but due to the issuance of a letter dated 5.12.1995 by the defendant No.4 for treating the plaintiff as a temporary employee, the plaintiff suffered serious loss against which he preferred appeal before the concerned authority to which no reply was given an..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatched fence and on the other hand the defendant also purchased 24.30 decimals of land from the co-sharer of the suit plot and in this way plaintiff an......ed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit no 161 of 1998 dismissing the Suit of the plaintiff and the case having been concluded on finding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is di......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No......Alam alias Nurul Alam be set free from the custody if not wanted in connection with any other cases. Let the process if issued against absconding convicts Helaluddin alias Pearu, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
.....(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title by adverse possession as title by adverse possession is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. .......he suit land is not Government property. Learned Advocate further submits that, plaintiff did not produce any reliable evidence to show that there was any agreement for selling of the suit land by so-called owner as there being no evidence on this score as such, learned Judge committed gross illegal......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
...............Petitioners
Vs.
National Board of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V P......and certify the quality, quantity, price, description and customs classification in respect of any importable goods for which pre-shipment inspection is mandatory, and to issue a certificate which is called Clean Report of Findings (CRF) and that the CRF shall be accepted as the basis for assessment......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
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