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Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....f J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Com...... complaint in the Court of Sub-Divisional Magistrate Sadar (South), Comilla alleging, inter alia, that Jahir Mia, Farid Mia, Manu Mia and Nizam Mia having gone to his house at 9-30 P.M. on 6.9.79 called away his son, that he and his wife asked the aforesaid persons as to why they were going with......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
.... insects charged upon the Brower. It further appears that the Government in its memo dated 31-05-06 directed the bank to waive all type of interest as evident in annexure-C of the writ petition and also directed to allow the borrower easy payment of principal amount by installment considering the po......ad of waiving interest adjusted the amount paid earlier with interest, which on the face of the record is vocative of the Government circular. 4. Considering the facts and circumstances no rule is called for. The respondent No.4 (Bank) is directed to consider the representation made by the petiti......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
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....43; Kashmira Singh Vs. State of Madhya Pradesh, AIR 1952 SC 159; Uma Shankar Vs. State of UP, AIR 1979 SC 1456. Lawyers Involved: TH Khan with MA Wahab Mia, Advocates ‑ For the Condemned‑Prisoners. Syed Ziaul Karim, Advocate ‑ For absconding Condemned‑Prisoner. Amirul Kabir Chowd...... The compliance of section 364 CrPC has not been made by the learned Magistrate as such the defect is not curable and by examination of the Magistrate such defect cannot be cured. Therefore, the so‑called confessional statement cannot be admitted or considered by this Court. It is reported in the ...... 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
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16 All 212; Deputy Legal Remembrancer of Bengal Vs. Amulya Charan Divan, (1913) 18 C......mperor, AIR 1925 PC 151. 10. In Harbans Singh Vs. State of Punjab, 1962 Supp (1) SCR 104=(AIR 1962 SC 439=1962(1) Cri LJ 479) a four-Judge Bench of Supreme Court of India observed: "What may be called that golden thread running through all these decisions is the rule that in deciding appeals a......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....: Kazi AT Manowaruddin J Kabiruddin Ahmed..............Petitioner Vs. Akmal Hossain and others............Opposite Parties Judgment August 20, 1995. Result: The Rule is made absolute. Cases Referred to- Ansar Ali Vs. Chief Election Commissioner and others, 45 DLR 379; A...... manner or procedure for challenging the validity of election held under the aforesaid Ordinance. 29. Section 26 of the said Ordinance merely provides that no election under the Ordinance shall be called in question except by an election petition and which shall be presented in such manner as ma...... 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...Category: Election Law | Date: | Hits: 301
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....pondent had acted on the assurance given by the Government and a right vested in him and that could not be taken away." It was further observed in that decision: "The respondent acting upon the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to i......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. ......92 which was approved in the budged for the year 1992. So the refusal of the customs authority to release cargo of the petitioner without payment of customs duty at the rate of 45% has been causing loss to him by way of additional charges and demurrages. The Rule is contested by the respondent Nos..Category: Fiscal/Taxation Law | Date: | Hits: 204
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
.... by its Governor…………………Petitioner Vs. Md. Kasedul Haque Majumder proprietor……………………Opposite Party Judgment January 12, 2003. Result: The rule is made absolute. Cases Referred to- British Airways plc. Vs. Bangladesh Air Services Pvt. Ltd., 48 DLR ......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......t giving the opposite party any opportunity to show cause, which act damaged the opposite party's business goodwill computed in terms of money at Tk. 2500000.00 at least. The opposite party sustained loss on several other counts as well and by accumulating claims for compensation etc. under differen..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....n, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Sk. A. Rashid Vs. Bangladesh and others, 29 DLR 362. Lawyers Involved: Dr. Kamal Hossain with Rokanuddin Mahmud, Aminul Haque Helal (in person) and Md. Asad Ullah - For the Petitioner. Mahmudul Islam with A.F. Hasan Arif, Ajmalul Hossa......rvice of the republic the question of bar as contemplated by Article 118 (3) does not arise. 26. Having held that the office of the respondent No.1 is not in the service of the republic we are not called upon to consider where respondent No.1 discharges judicial function or quasi judicial functio......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. ..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.....2006 and most of the employees were stand released. All orders of transfer were harassing; the executive committee of the Karmachari Union of the Corporation in a meeting held on 23.02.2006 took a resolution demanding stoppage of the unnecessary transfer and harassment of the staffs and employees o......and the same could not be questioned by any employee like the petitioner irrespective of his self-declared position as president of the Union and since no valid committee of the Union existed, the so-called resolution taken, if any, had no basis and even if there was any elected committee of the Uni...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 156
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
..........Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petition Nos.1582 of 1995, 1583 of 1995 and 1584 of 1995 are made absolute. The Writ Petition No.1585 of 1995 is discharged. Lawyers Involved: Dr. Kamal Hoss......erica. Respondent No.1 again came back to Bangladesh in September, 1994 and during his stay in Bangladesh observing some changes in the living style of the petitioner the father of the petitioner was called at the house at Uttara and disclosed the same to him. At this the petitioner became very much......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...Category: Family Law | Date: | Hits: 166
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....on No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April 27, 1982. Result: The Rules are made absolute. Cases Referred to- Kumar Gokul Chandra Das Vs. Haji Mohammad Din, 42 C.W.N. page 97; S......sale deed as "contracted" the defendant Nos.2-7 with full knowledge of the contract of the sale of the suit land by defendant No.1 to the plaintiff have fraudulently and secretly created different so-called sale deeds in their favour in collusion with the defendant No.1 and as such the defendants No......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....prayed for. In the reported decision the plaintiff had executed a kabala in favour of the defendant of that case in contravention of section 9 (since omitted) of the S. A. & T. Act and later on sought a declaration that the kabala was null and void. Court held that the plaintiff voluntarily ex......that it was for the first time in Second Appeal that the plaintiffs sought the declaration on the basis that the kabulyat was hit by a provision of law and the fraud that the learned Single Judge was called upon to consider was inherent in the very act of the plaintiff's being party to the contraven......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
.... Commission stating, that a few booths of the said centre was shifted to the nearby Shaharpara Shah Kamal High School with the consent of all the contesting candidates and the Commission of Inquiry also found that such change did not materially influence or affect the election and requested the Elec......the official gazette and the presiding officer pursuant to Rule 43(1) of স্থানীয় সরকার (উপজেলা পরিষদ) অধ্যাদেশ, ২০০৮, hereinafter called as the Rules. 2008 consolidated the result of election of all the candidates for the post of ......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...Category: Election Law | Date: | Hits: 296
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
.... 484 shares Mr. WR Chowdhury 396 shares Mrs. Rumana Mahmood 132 shares 2200 shares Originally late Ferdaus Alam, son of Mr. Iftekharul Alam respondent No.2 was one of the shareholder Directors of Star Services hol...... of an alleged transfer registered on 30‑4‑84. The original shareholding of respondent No.2 was 660 shares. 4. Fertexim (P.E) Holdings Limited of 4104 OCB Centre, Singapore‑0104 (hereinafter called "Fertexim") is the joint venture partner and foreign shareholder in the respondent No.1 Compa...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
.... গাড়ীর ড্রাইভার" vide Memo No. 62 dated 28-4-1988 issued by the Chairman, Upazila Parishad, Pirganj, Rangpur (Annexure A) with effect from 12-4-1988 as per resolution No. 3 dated 11-4-1988 of the said Parishad. Before joining the said post the petitioner was......respondents, submits that there is no illegality in the impugned order of suspension, dismissal and also the order passed by the respondent No.3 dismissing the appeal and, as such, no interference is called for by this Hon'ble Court. He then submits that the respondents have taken all steps as per p......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....ity of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineering, BUET, as recommended by the Selection Board, in pursuanc......ent of Civil Engineering, the petitioner filed an application on 25-4-2000 which was duly forwarded to the University by the Director, Bangladesh Institute of Technology (BIT), Khulna. The petitioner called on for an interview and he duly appeared before the Selection Board of the University on 11-6......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...Category: Employment/Service Law | Date: | Hits: 160
.... in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......, in short, is that the petitioner is an Income Tax Practitioner and completed 50 years in his profession with highest reputation that has been acclaimed by the National Board of Revenue (hereinafter called the N.B.R). The petitioner is an assessee and has been paying taxes since beginning of his pr...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
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Category: Fiscal/Taxation Law | Date: | Hits: 227
...., Rawalpindi 1970 PLD (SC) 1; Sabitri Takurani Vs. Savi 1921 AIR PC 80); Thakur Prasad Vs. Fakirullah, ILR 17 Allahabad 106 ; Neerala Tea Estate Vs. Government 41 DLR 90; Khapan Bittalin co-operative society Ltd. Vs. Nagendra Mahisiya Das, Supra; Sirajuddin Ahmed Vs. A.K.M. Saiful Alam, supra; Moni .......02.2004.
13. But the actual picture is otherwise. Pursuant to the advertisement published on 05.01.2004, 331 persons were appointed these were ad-hoc appointees illegally appointed against the so called vacant posts which were also created illegally i.e. without budgetary sanction and approval o......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
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Category: Administrative Law | Date: | Hits: 371
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....for a declaration that the order of expulsion of the petitioner is illegal. 3. The case of the defendant is that on 22.6.95, the plaintiff‑petitioner got a couple of tickets to participate in Monsoon Ball night of the club, held in the premises of it. But instead of bringing his wife, he entere......y language in his reply submitted on 27th June 1995 which shows audacity of the mind of the delinquent as a member of the club. Mr. Bhuiyan also submits that the action is not illegal, malafide and uncalled for one. According to him, the provision of article 35 of the Memorandum of Articles provides......egally, resulting in an error in the decision occasioning failure of justice. Mr. Ahmed submits that if injunction is not granted the petitioner will be seriously prejudiced and suffer an irreparable loss and he will be looked down in the circle of his friends and before other members of the club. H..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....Harirampur Union Parishad. He states that previously the Union after creation of Uttara Thana was within previous territorial constituency 184 but subsequently on application of certain interested persons the Election Commission passed the impugned order. It is stated that such delimitation created ......been seen that the action was taken on the basis of representation made to the Election Commission stating certain inconvenience and after hearing the preliminary list was published and thereafter it called for objection in compliance with section 6(3) of the Ordinance. We do not find that the or......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..Category: Election Law | Date: | Hits: 271
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