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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. ......t up Corporations. Broadly speaking they are called public corporations in contradistinction with private corporations set up under Companies Act by the citizens. The State policy is to utilise the principle of corporation. A corporation has its own independent existence distinct from the shareh......……………Petitioner Vs. Abdul Awal………………………Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawye...... 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. ..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. ......without being authorized by Court of law. He submitted that the Courts below upon misconception of law and facts granted the plaintiffs prayer for Specific Performance of Contract against the settled principle of law. He submitted that the impugned Judgment and decree are although based upon concurr......Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the suit land belonged to the minor defendant Hanif Sarder. His mo......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. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......diky @ Akhter committed offence under section 409 of the Penal Code. Such allegation has no legal value unless the allegations are substantiated by any reliable and credible evidence. The established principle of criminal jurisprudence is that the prosecution has to prove the case levelled against t......the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his own use or allowed any other person to do so…………………………………….(57) ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....re inextricably inter wined. If this is not so, the Court must separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity. Fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to ...... a vehicle on public way in order to cause hurt, grievous hurt or death. 36. Now let us see how far the prosecution has succeeded improving the allegation leveled against them. 37. The cardinal principle of Criminal jurisprudence as regard burden of proof are well settled namely, (i) that the ......ded each other and committed an accident as a result of which two passengers died on the spot and many others were injured. Hearing about such accident, SI Amiruddin with constable Abdur Rouf started for the place of occurrence and they saw two dead bodies and also found two buses in broken conditio......ated 24.4.2003 passed by the learned Sessions Judge, Nilphamari, in criminal appeal No.10 of 2002, the appellants preferred this revision before this Court and obtained the Rule. 11. The point for determination is whether the learned Sessions Judge, Nilphamari, is justified in passing the Judgmen..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......udge (now Joint District Judge), compared signatures of the defendant No.5 and also other documents filed by her. The High Court Division found that the above order of the trial Court is contrary the principle laid down in the case of Guhlam Rahman vs. National Bank Ltd. and others reported in 16 BL......tional Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by t......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...Category: Civil Law | Date: | Hits: 122
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....... Unit Commander for Taka 1,00,80,000.00 (Taka one crore eighty thousand) only without inviting any tender (Annexure-D). 7. It is further stated in the petition that IWTA has been following certain principles in leasing out its internal and external ghats points and Canal Toll Stations known as po......be declared to be void and to have been issued without lawful authority and is of no legal effect. In Writ Petition No.2241 of 1999 the impugned order Annexure-H which was issued on the basis of the aforementioned clause 3 (Ga) is challenged for being without lawful authority and is of no legal effe...... in the preamble of our Constitution. Their sacrifice is the intending lifeline of all the people of Bangladesh—present or future, rich or poor—and inspiration to look to the future with hope and determination. The departure made from the guideline provided in Annexure ‘G’ in no way offends ..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.......xcise and VAT Cadre. 12. As part of this machination on 26-10-96 the respondent No.2 in their weekly meeting made a decision regarding the 7 officers in the following terms, “That as a matter of principle the National board of Revenue is not in favour of absorbing any officers from other Cadres......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......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...Category: Employment/Service Law | Date: | Hits: 186
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. ......s beyond his jurisdiction as contemplated in section 10 of the English Arbitration Act, 1950 and Exception I to section 28 of the Bangladesh Contract Act and the intent and spirit of the well settled principles of proper law of contract and Private International Law. 4. In opposing the Rule, Mr. ...... Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent am......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. ..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. ...... cancellation of decree. 7. Over pleadings learned Subordinate judge framed following Issues: I. Is the Suit maintainable in its present form? II. Is the Suit barred by limitation and hit by principles of waiver, estoppel and acquiescence? III. Is the suit bad for defect of parties? I......Revision Petition under section 115 of The Code of Civil Procedure (For short The Code). Civil Revision Petition has been numbered as Civil Revision No.380 of 1991. 2. Portrayal of intrinsic datum forming backdrop of Civil Revision Petition may succinctly be stated. 3. Sreemati Hari Rani Basak......aw in holding in summary way that certified copies produced by Plaintiff in support of purchase of 2/3rd share of suit property in an auction sale are forged which is contrary to Rule of Procedure in determination of documents and by the illegal decisions of Courts below on a material evidence, a fa..Category: Procedural Law | Date: | Hits: 108
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......n the hand of the executive authority be disposed of as expeditiously as possible although there is no time prescribed for that in the statues. The learned Counsel in this regard also stressed on the principle of legitimate expectation of a citizen and lastly, he invoked the principles of Audi Alter......(Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for the purpose of disposal of the Rule, are that the petitioner is the proprietor of a Cinema Hall ......oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
..
Category: Fiscal/Taxation Law | Date: | Hits: 278
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. ...... is in the nature of mortgage the deed of agreement does not require any registration." On the same question of law another decision can be looked into which is AIR 1926 (Bom) 479 wherein the same principle has been accepted that the deed of agreement is not compulsorily registerable as required ......al No.120 of 1991 allowing the appeal and reversing 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 file......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. ..Category: Property Law | Date: | Hits: 117
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......noon Rahman J.- Under the Constitution of Peoples Republic of Bangladesh the petitioner has challenged the impugned memo dated 31.05.2006 issued by the Respondents directing the petitioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The lear...... submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing the Bangladesh Krishi Bank to waive all interest and made provision for easy installments and accordingly the petitioner prayed for waiver of all interest as well as in......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......motive intended to prolong mental sufferings of the petitioner. Such conduct of the Respondents tantamounts to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor...... why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.SC from Rajshahi Univer......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..Category: Employment/Service Law | Date: | Hits: 165
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. ......that the witnesses such as P.Ws.2‑6, 8 and 9 are all partisan and interested witnesses. P.W.18 Asia Khatun is also a highly interested witness as she has animus towards the accused. It is a settled principle of law that the evidence of partisan, interested and inimical witnesses should be consider......al No.1011 of 1992 and Jail Appeal No.1025 of 1992. Judgment Qazi Shafiuddin J.- This reference being Death Reference No.17 of 1992 has been submitted by the learned Sessions Judge, Mymensingh for confirmation of the death sentence passed upon accused Raisuddin, Samar, Anumullah, Morshed and ...... 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. ..Category: Criminal Law | Date: | Hits: 104
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......ent Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit......brothers of the said Janoki and Nishikanta a statement to give an explanation for signing patta and kabuliat by Rajendra, Basanta, Surendra and Jotindra and the said statement being necessary for the determination of the real question in controversy between the parties the learned Subordinate Judge ..Category: Procedural Law | Date: | Hits: 118
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......d- For the Petitioners. A.J. Mohammad Ali, No.1 Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. None represented- For the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..Category: Criminal Law | Date: | Hits: 79
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......ecided the matter of promotion in 1978 and their seniority having been granted in the gradation list on 19.6.1988 which was never challenged by the writ petitioners, the writ petitioner was barred by principles of waiver acquiescence estoppels and limitation and as such the High Court Division was w......h represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of......icers to Class-I posts. According to the writ-petitioner such promotion is illegal being violative of the rules. Writ-petitioners made representation in September 1998, March 1999 and August 1999 for determination of their seniority above 190 promotee. But the same was not at all considered. Thereaf..Category: Employment/Service Law | Date: | Hits: 149
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....... Returning Officer that nomination paper of the opposite party No.1 is valid, the petitioner's right to challenge the validity of the nomination paper of opposite party No.1 has been waived under the principles of waiver and estoppel. 15. He submits that the Returning Officer having found the nom......ion of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed for the......and the election petition was filed before the Election Tribunal on 31‑3‑92 i.e. within 33 days from the publication of the result in the official Gazette. 23. The main question that falls for determination is whether the amendment small take effect retrospectively or not. If it so appears th..Category: Election Law | Date: | Hits: 301
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f......he question of title could not be gone into and property decided and hence he has instituted the present suit in the year 1987 before the decree in the SCC suit was passed and, as such, without final determination of the question of his title in the said suit, the plaintiff-respondent can be termed ..Category: Civil Law | Date: | Hits: 130
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. ......ixture of falsehood so that it becomes impossible for the Courts to separate the grains of truth from mass of chaff, then such evidence of a witness must be rejected as a whole. 13. Following this principle we hold that there are sufficient evidence to hold definitely that appellant Bazlu was the...... to her step‑father Abdur Rashid who is also her, chacha and that she complained that she was raped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and or......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. ..Category: Procedural Law | Date: | Hits: 85
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