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Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ...... and candidly submits that the election dispute may be thrashed out by the High Court Division in accordance with law. 13. We have considered the submissions and perused the materials on record. In view of the judgment of this Division in Civil Appeal No.112 of 2002 as referred to above......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... HC, AIR 1974 SC 710 where they quoted with approval Wilmot CJ in Rex Vs. Almon:
"The arraignment of the Judges, is arraigning the King's justice; it is an impeachment of his wisdom and goodness in the choice of his Judges, and excites in the minds of the people a general dissatisfacti......
6. The respondent Nos.1‑4 appeared and filed affidavit-in-opposition denying material allegations made in the petition and contended, inter alia, that the report was published on the basis of records of the Chittagong University in exercise of their right of freedom of press and they have a ......n the administration of justice. Some members of the Bar seem to have lost confidence in Justice Faizee. The Hon'ble Chief Justice had to change the list. The institution is being deprived of the service of a sitting judge. The report had so pervading effect on the society as a whole that even a..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......vail of the statutory remedy under section 30 of the Special Powers Act. Whether or not the accused person had such a reasonable opportunity is a question of fact to be decided in each case upon case-records and no hard and first formula can be laid down to settle the criteria in advance." In pa......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......es of the case, the learned (Sic) Deputy commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 was justified to disbelieve (Sic) the delivery Chalans with Truck Fares without any evidence on record collected from those customers upon whom the learned (Sic) Deputy Commissioner of Taxes serve......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....defendant No.1 and the plaintiff belong to the same kindred. The defendant No.1 used to live in Khulna with her husband but now she lives in her village home since last two and half years. There is a good relationship between the defendant No.1 and the plaintiff and because of that relationship the ......lf years. There is a good relationship between the defendant No.1 and the plaintiff and because of that relationship the defendant No.1 gave the responsibility to the plaintiff through her husband to record her name in the last field survey and for this purpose she handed over the copy of the kabala......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......d therefore the High Court Division did not commit any error whatsoever in making the rule absolute. 12. We have considered the submissions made at the Bar and perused the materials on record. There is no denial that the process of election of Jhalakati Pourashava started and it has ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......tarted and the case was handed over to Khandaker Mosharraf Hossain for investigation, who, after getting the case, visited the place of occurrence and prepared sketch map thereof with separate index, recorded the evidence of the witnesses under section 161 of the Code of Criminal Procedure and seize......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......said respondents in the High Court Division with their supplementary affidavit, which were neither exhibited in the Labour Court nor filed in the Labour Court nor these were found in the Labour Court records of the cases and, as such, do not constitute any legal evidence and these Annexure- X and X ......he respondent Nos. 2-9 with back wages. 2. The respondent Nos. 2-9 filed their respective Complaint Case Nos. 5158 of 2000 before the Khulna Labour Court against the order of their termination of service passed by the petitioner-company stating, inter alia, that they were employed in the petitio..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ore this Court to explain their position, if any, for such non compliance and that because of such non compliance of court's order the writ petitioner filed an application, which is kept with the record. The respondents are therefore, liable to pay compensation for non‑payment defying court...... to the petitioner, since retired on 19‑2‑1995, in terms of the Service Rules and why the officials responsible for the non‑payment of the pension and gratuity to the petitioner in terms of his service conditions shall not be held responsible and be directed to pay compensation for the delay. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....9 is no more alive and has been replaced by the subsequent SRO No.255 dated 19‑9‑2002. Therefore, no PSI scheme is, in fact, in operation at the relevant time. 3. The petitioner imported the goods in question without obtaining any letter of credit as the payments for the goods were made at ...... meaning of section 23(1) and (2) of the Act. 7. On perusal of the application, supplementary affidavit and the affidavit‑in‑opposition it appears that there are sufficient materials on record which show that the invoice price in reality reflects the correct market price of the commodi......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. 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 cost. Ed. ....... 21. 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 cost. Ed. ....... 21. 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 cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......is sons Nipendra Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and
Digendra Nath Basak became the owners of the suit land to the extent of 4 annas
shares each and their names were correctly recorded in the S.A. Khatian and
that during the war of liberation between India and Pakistan in 19...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower but are disbursed directly to the supplier of the goods and therefore, the above Al-Arafa Bank permitted K Alam, the supplier of the building construc......y. He claims that the petitioners by practicing fraud on the respondent No. 1 altered the Articles of Association. The shares held by the respondents are fully paid up, which will be evident from the record which contains a list of shareholders, filed with the Registrar of Joint Stock Companies. It ...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......unal correctly allowed the appeal and there being no illegality the appeal is liable to be dismissed. 8. We have considered the submissions made at the Bar and perused the materials on record. From the materials on record it appears that the respondent went on training during the re......ent and order passed by the Administrative Appellate Tribunal dated 09.11.2000 in Appeal No. 66 of 1998. 2. The facts, in short, are that the respondent Md. Abu Bakar joined Government service as Circle Officer on 13.06.1977. Thereafter on 15.01.1984 he entered into Cadre Service. W..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... allow the appeal on his findings that “the learned Munsif did not frame any issue about the right, title, interest and possession of the parties in the suit land and the learned Munsif did not record any finding about the right, title and interest of any parties in the suit land." 7......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......alia, that the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to Tazammel Huq Chowdhury on 12 Chaitra 1351 BS and he being in possession the record was wrongly done in favour of the Government for which Other Suit No. 1379 of 1980 was filed ......etitioner submitted that the learned Single Judge erred in law in setting aside the judgment of the Court of appeal below in respect of finding of facts as to possession of the tank as well as to non-service of summons on the petitioner in the previous suit and the decree which is challenged as void..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... the plaintiff and a new lease deed was executed on 13‑4‑1988 but the defendant petitioner and the defendant respondent No. 2 have been running their business separately in keeping their separate goods in the shop rooms showing defendant respondent No.2's business in V Belt and defendant petitio...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......ble property is a transfer of a right to enjoy such property, made for certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the tr..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
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