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R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.....11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders as to this Court......tijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others…………………….Respondents Jud......is Rule was issued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and the order dated 21.11.91 passed in revision (Annexure-H) shall not be declared to have been passed witho..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
....992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......in: 26 BLD (HCD) (2007) 488.
......e Court and as such there is no ground of interfering with the impugned judgment and decree under section 115(1) of the Code of Civil Procedure.
In the result, the rule is discharged without any order as to the costs. The judgment and decree dated 31.3.1994 passed by the District Judge, Ja..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ritory of Bangladesh. He further submits that the impugned order passed by the learned Judge of the Tribunal is non-speaking without assigning any reason and the same is not sustainable in the eye of law. 8. The learned Deputy Attorney General appearing for the State submits that the First Inform...... Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of ......d. Rabiul Karim and Md. Iqbal Hossain, Assistant Attorney-General-For the Respondent. Criminal Appeal No.1083 of 2004. Judgment Khademul Islam Chowdhury J.-This appeal is directed against an order dated 9.03.2004 passed by the learned Special Tribunal and Sessions Judge, Chapai Nababganj in..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....r has conferred Shishubala Roy all powers including powers of conducting all legal proceedings regarding the property contained in the will. As such the petition for revocation is filed by him by his lawful constituted attorney, Shishubala Roy. It is further stated that the probate being obtained fr......hellip;………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others……………………………&h......4 of 1994. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of petitioner, Nani Gopal Hazra, under section 229 of the Succession Act of 1925 is directed against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 ..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....at.....there may be thousands of defects in the documents of the defense as well as their case but that does not entitle the plaintiff to get a decree. 11. It is an established principle of law that the appellate court is the final court of facts and the decision on question of facts by th......dgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....fer of Property Act asking for vacant possession of the suit shop house in their favor by 31-1-1997. The opposite-parties terminated the lease of the petitioners with reference to the suit shop house lawfully. But despite the termination of the lease, the petitioners did not vacate the suit shop hou......e is also Reported in: 61 DLR (HCD) (2009) 518. ......y the impugned judgment and decree dated 31-7-2002 passed by the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No. 2 of 1997 should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. The Rule is opposed on b..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....instituted suit is directly and substantially the same, the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the ea......diction) Present: Mir Hashmat Ali J ABM Hatem Ali J Moulana Mohammad Baquer Siddiqui…………………………………………….Petitioner Vs. Tamizuddin Khan Trust Estate and others……………………………………..Opposite Parties Judgment June 25, 2006....... with T.M. Sakil Hossain, Advocate-For the Opposite Parties. Civil Revision No.1308 of 2003. Judgment Mir Hashmat Ali J.-In the instant Rule, the petitioner challenged the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No...Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority and of no legal effect.
2. The Respondent No.1 entered appearance by...... J.-Rule was issued calling upon the Respondents to show cause as to why the Notice being Nothi No.5(13)87/Cus-Bond/96/17407 dated 29.8.2005, evidenced by Annexure-E to the Writ Petition demanding payment of Tk. 2,14,50,715.00 should not be declared, to be issued without lawful authority a...... in reference and the Sonali Bank has confirmed the realization of the bill amount relating to the exports, we find merit in the Rule.
11. Accordingly, the Rule is made absolute without any order as to costs. The show cause notice dated 29.8.2005 being Nathi No. 5(13)87/Cus-Bond/96/17407, ..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....by also committed an offence under section 5(1)(e) of the Prevention of Corruption Act, 1947. It is also stated that the Prevention of Corruption Act, 1947 was enacted to provide for a more effective law to prevent and eliminate bribery and corruption from amongst the public servants. 7. Accordin......eme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Abdul Mannan Khan (Md.)..........................Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule ......e remaining fine amount of Taka 2,74,35,000 from the respondent No.4 and why the respondent No.4 should not be directed to pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedic..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)
.... be at liberty to cancel the bail of the accused petitioner. Before parting with the decision we must make it clear that in any case under Nari-O-Shishu Nirjatan Daman Ain, 2000 which being a special law, bail can be granted upon hearing the informant or complainant or to the effect the state. In Na......ged the accused petitioner on anticipatory bail. 2. The complainant was not made a party, in the rule petition, later on, she was added as opposite party, alleges that, the accused petitioner demanded dowry of taka two lacs during subsistence of the marriage and for that realization of dowry, t......in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ..Category: Women and Children | Date: 25 May, 2006 | Hits: 26
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
.... required she may be released in her custody. The father of the principal accused Md. Emdad Miah filed another application praying for releasing the victim girl in his custody as alleged as father-in-law stating that she had gone out with his son Rabiul Hasan freely and voluntarily and married him o......ith Advocate Kowser Parvin Hoque………………………………………….Appellant Vs. The State and others……………………………&h......ing the mother custody of her minor daughter..................................(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any per..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....m a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking th......CD) (2008) 57.
...... be an enquiry under Section 21 of the Securities and
Exchange Ordinance, 1969 and the Enquiry Report submitted on 31.10.2000 (Annexure-H)
by the Enquiry Committee formed by the respondent vide his order dated
27.06.2000 against the petitioner and its former Directors M/s. Khan Mohammed
Ekramull..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....ause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R.O. cases, shall not be declared to have been made without lawful authority and to be of no legal effect and or such other or further order or orders passed ......ported in: 28 BLD (HCD) (2008) 427. ......g disposed of by this single judgment. 2. In the aforesaid writ petitions, Rules were issued in identical terms calling upon the respondents to show cause as to why the aforesaid decision and order dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka respondent no.1, in the I.R...Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....icle 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country and all functio......8) 40; 13 MLR (HCD) (2008) 233. ......Parliament in accordance with the provisions of the Telegraph Act, 1985 and to ensure that the Government receives the revenue from the defaulting Members mentioned above and/or such other or further order or orders passed as to this Court may seem fit and proper. Respondent Nos. 3,4 and 5 are ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....ow cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th......……………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......No.2066 of 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause ..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....on 8 August, 2001. This statement speaks volume as to his sincerity to unfold the real offenders or accomplices. He visited the place of occurrence after 10 days of the alleged recovery, although the law requires that the witnesses should be examined and their statements, if necessary, be recor......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this appeal under section 420 of the Code of Criminal Procedure, briefly, the Code, from the judgment and order of conviction dated 15.1.2005 of the Metropolitan Additional Sessions Judge, 4th Cou..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....evision Petition as Annexures. Explored grounds pressed into service in support of Revision Petition. Took a mental note of the submissions advanced from the side of plaintiffs-petitioners. Ruminated laws and principles governing amendment of plaint. Studied the order impugned in Revision Petition. ......er the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......are opposite parties in the Civil Revision Petition laid under section 115 of the Code of Civil Procedure (For short The Code). 2. By this Civil Revision Petition an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above sta..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ars 7 months old on the date of alleged marriage on 01.08.2005 and under the circumstances consent of a minor girl in alleged marriage was quite immaterial and such consent has no force in the eye of law. In the nikah nama dated 01.08.2005 the age of victim Mahabuba Delwar has been shown as 18 years......urt Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006. Result: ......the state. Md. Quayyum Chowdhury, Advocate - For the Respondent Nos.2, 3, & 4. Criminal Appeal No.4654 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the order dated 05.10.2005 passed by Nari-O-Shihu Nirjatan Daman Tribunal No.2, Dhaka in Nari-O-Shishu C..Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ...... The Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prosecution case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviati.......M. Aminul Islam, (Sanu) Deputy Attorney-General-For the Respondent. Criminal Appeal No.3643 of 2005. Judgment Salma Masud Chowdhury J.-This appeal arises against the judgment and order dated 27.7.2005 passed by the Special Tribunal Judge No.1, Kurigram in Special Tribunal C..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Nazim Vs. State, 2006, 35 CLC (HCD)
....ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......e. The Limitation Act, 1908 (Act No. IX of 1908); section 5 The condonation of delay always depends upon the discretion of the Court concerned. If the Court is satisfied as to the reason and explanation of the delay, it can be condoned.........................(5) Lawyers Involved:......arises out of an application under section 5 of Limitation Act of 1986 for condonation of delay of 4968 days in preferring the Criminal Appeal. 2. The appeal is directed against the judgment and order of conviction dated 7-5-1992 passed by the learned Additional District and Sessions Judge, Fir..Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32
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