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Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......rust on 28-2-78. While the said Madina Tannery including other tanneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the name of all the aforesaid tanneries for the purpose o......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......me High Court reversed the order and granted writ. The forest authority filed a certificate Appeal to the Supreme Court and the Supreme Court observed “We are unable to hold that merely because the source of the right which the respondent claims was initially in a contract for obtaining relief aga..Category: Others | Date: | Hits: 95
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... noteworthy here that as the First Information Report was lodged before the confessional statement, the same was not stated there. 22. Usually, as a matter of caution, Court requires some material corroboration to an extra- Judicial confessional statement, a corroboration which connects the accus......and the statement is not tenable in law and the confession is no confession in the eye of law. (iii) In the First Information Report there is no mention that accused Abdul Khaleque took his father from his house on 19-3-84 and the FIR being the earliest report to the police there was necessity of......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43......., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......o drink" Beverage under standard (BDS-1727:2000), if the petitioner's product is "Non-Carbonated" and so applies for appropriate level and licence; (c) Thereafter, the petitioner received a letter from the respondent No. 1 on 1-3-2004 stating that the registration certificate being No. L-22030208...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......ndustrial Project will be the "Crown Beverage Ltd." and the nature of the Industry will be " Food and Beverage" and the Company will produce "Malt Beverage (330ml. can)" from rice, salt from domestic sources and Malt, Hops and other chemicals by import employing 260 employees/workers and 10 people f..Category: Others | Date: | Hits: 182
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......handise. The basis for determination of tariff value under delegated authority as provided in section 25(7) of the Customs Act, 1969 on the basis of Notification No. 38/97 Cus. dated 30-12-97 suffers from want of authority and, as such, the assessment of duty impugned is illegal. It is further conte......rmal market price and, as such, the basis for levy of duty in exercise of delegated power in the present case is without lawful authority. Further, it was argued that sub-section (7) of section 25 is independent of other provisions of the section and there being no guideline for determination for fi......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......nherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land would be auctioned in execution of a mortgage de...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......d property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable source on 18.2.2010 that their land would be auctioned in execution of a mortgage decree passed by t..Category: Civil Law | Date: | Hits: 183
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... thereby questioned the impartiality and independence of the highest Court of the Country, which is dangerous for the stability of the society and in such circumstances, the Court is to shield itself from such acts and omissions with strictness. Such strictness has been approved and followed althrou......lled records of the Court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceeding accord......icious beyond condonable limits, the strong arm of the law must, in the name of public interest and public justice, strike a blow on him who challenges the supremacy of the rule of law by fouling its source and stream". 32. These arguments have been approved in a latter case in Pritom Pal (Supra)..Category: Criminal Law | Date: | Hits: 163
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......months and the sentences were to run consecutively. 2. The prosecution case, in short, is that at about 5-00 PM on 8-9-85 victim Hachen Ali, son of informant Abdul Barek, got down at Gazipur Bazar from a bus and went to the other side of the road to get another bus. At that time a coach bearing r...... the Investigating Officer to destroy the prosecution case but in the face of the most consistent and overwhelming evidence of the other eye-witnesses to the occurrence, who are natural, probable and independent witnesses having no animus against the accused petitioner as a motive for deposing false......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...Category: Criminal Law | Date: | Hits: 37
....ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
......udgment, order, action of the Courts subordinate to the High Court Division. The High Court Division can interfere with any order, action, judgment and decree if it is satisfied that the same suffers from gross error of law by which a failure of justice has been occasioned. In exercise of this power......ar Shahi Masjid is on Cadestral Survey Plot No. 3 and the land of Cadestral Survey Plot No. 2 and the land of Cadestral Survey Plot No. 3 and the construction standing thereon are quite different and independent. The relevant portion of the written statement stated in paragraph No. 18(jha) is extrac......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......d in Khatian No. 689 in the name of the plaintiff’s father and his Fufu maternal aunt as Kolkorsha. The plaintiff’s father purchased the land of plot Nos. 1822 and 1824/2134 of CS Khatian No. 688 from Safaruddin Faraji and entered into possession and accordingly in the remark column of the said ...... the predecessor of the plaintiff being in possession of the land for a long period exceeding 12 years or by custom had acquired the occupancy right in the land sold in rent decree which he inherited independent of the benami purchase and that right having not been annulled under section 167 of the ......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...Category: Property Law | Date: | Hits: 98
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......usband where he lives. The learned Judge then referred to the fact that on 5-1-91 the wife divorced her husband her husband did not live at Dhaka as such notice was not properly served but it appears from paragraphs 5 and 6 of the plaint that the plaintiff and the defendant used to live at Tejkunipa......aid Act of 1974. It is further observed that- “On plain reading of section 7 of the Ordinance 1961 it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing talaq cannot be given effect to until and unless such notice is given to......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512...Category: Family Law | Date: | Hits: 180
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......yers Involved: Khandaker Mahbubuddin Ahmed with Mustafa Niaz Muhammad, Advocates — For the Appellant. Rokanuddin Mahmud with Ms. Sheela R Rahman, Advocates — For the Respondents. Appeal from Original Order No. 84 of 1998 with Civil Rule No. 225(FM) of 1998. Judgment AHM Shamsuddi......tractual nexus between the Issuing bank and the beneficiary of the credit, is, though ancillary to the underlying or the principal contract, between the seller and the buyer, a separate, distinct and independent contractual nexus, in that the right and the duty to pay the beneficiary as per the term......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
.... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971.......the Contempt Petition. It appears that in spite of that request no steps were taken by the contemner-appellants to hold the AGM as per order of this Court and on receipt of the letter dated 17.7.2003 from the contemner-appellant No.2 Mr. K.Z. Alam referred to his earlier letter dated 19.7.2003 and t......r section 85(3) of the Companies Act, 1994 (hereinafter called "the Act") and also prayed for calling, holding and conducting the AGM for the years 1998-2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15.4.2002 was ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......ng that the petitioner acquired six number of properties in his own name illegally which were disproportionate to his known source of income and asked the petitioner to give statement within ten days from the date of issuance of the notice. The petitioner replied to the notice on 21.2.2001 admitting......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......ict Anti Corruption Bureau, Dhaka issued a notice upon the petitioner alleging that the petitioner acquired six number of properties in his own name illegally which were disproportionate to his known source of income and asked the petitioner to give statement within ten days from the date of issuanc..
Category: Anti-Corruption Laws | Date: | Hits: 171
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......est the suit after his appearance, but no substitution petition was made to bring his legal heirs on record; that the defendant No.1 very tactfully expunged the name of Nazirul Islam as defendant No.1from the plaint and managed to insert the Deputy Commissioner, Bogra as a defendant; that the plai......facie case is the most important one and also it has been held that justice requires that the decree-holder should not be deprived of the enjoyments of the fruits of his decree pending decision of an independent suit relating to the same property. So, in view of my above elaborate discussion on th......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... was anxiously awaiting the arrival of the Cargoes at the Port of destination on receipt a letter dated September 21,1988 of M/s. Business International Limited, the local agent of the supplier and from a copy of Telex Message dated September 20,1988 of defendant No. 3 Platina Shipping Company L......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ly lies on the pre-emptor to prove his knowledge but the findings and conclusion have made based on solitary witness, the pre-emptor himself who is an interested witness. It is not necessary to seek, corroboration always from independent sources but in the instant case the pre-emptor himself stated ......istered deed. The pre-emptee is a stranger of the case land. No notice was served upon the pre-emptor regarding the transfer of the case land. The pre-emptor came to know about the sale on 03.03.2005 from the local people and thereafter, obtained the certified copy on 5.3.2005 of the sale deed and t......to prove his knowledge but the findings and conclusion have made based on solitary witness, the pre-emptor himself who is an interested witness. It is not necessary to seek, corroboration always from independent sources but in the instant case the pre-emptor himself stated to have knowledge from the...... the transfer of a piece of land, which is contiguous to the land held by him and situated next to his baithak khana and the vendor of the land was not a total stranger to him. Nor did he explain the source of his knowledge of the transfer. So his claim is not credible. As against this, there is in ..Category: Property Law | Date: | Hits: 36
State Vs. Masum and others, 2010, 39 CLC (AD)
....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......d their presence and the said three persons tried to flee away but they were apprehended and on interrogation in presence of the witnesses, a country made .22 bore revolver was recovered and seized from the waist of the convict-petitioner, Masum, three cartridges of gun were seized from the pock......een disclosed by the evidence of P.W.1 in respect of time, place and recovery of arms and ammunitions which are corroborated by the P.W.2 as one of the eye witness and the said P.W.'s are very much independent and impartial witness and seizure list have been prepared immediate......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..Category: Criminal Law | Date: | Hits: 47
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... time, he undertook to tile the requisite affidavit-in-op) position. On 09-6-08 Mr Salahuddin Ahmed with Mohammad Zafar Imam, AAG appeared and disclosed that they had not yet received any instruction from the respondent. The cases were however heard in part. After few days, on 12-6-08 Mr. Md. Zafar ......, Justice and Parliamentary Affairs. He could have continued as such for another nine months more. He opted for the opportunity only with expectation that he could perform justice whole heartedly and independently until he would attain the age of retirement.
23. Non-confirmation of Additional Jud......stice that is fair; Justice that is equal, Justice that is unpolluted. In order to do justice the first and foremost expectation from a Judge is to be just and this expectation itself is the fountain source of all that can be put in the realm of canons of Judiciary ethics. The office of a Judge is n..
Category: Constitutional Law | Date: | Hits: 252
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......did not properly sift and analyze the evidence on record; that the trial Court ought to have considered that at the time of trial the prosecution had come with a new story which was a clear departure from the FIR story; that the Court in convicting the accused appellants relied upon the witnesses ......inal Abedin, the political rival of Chairman Jalaluddin as the accused appellants are the supporters of the incumbent Chairman; that the trial Court also did not take care to analyse why there was no independent witness of the occurrence though it has come in evidence that the occurrence took plac......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......icer/respondent No. 8 issued a letter being Memo. No. জেপ্রসি/এল,এ/২০০৭-২৯০-৩১৯/১(৩) dated 22.10.2007 to collect list of deed of sale and purchase of lands from Sub-registry relating to Umpanpur Mouza, Upazila Jiantapur, District-Sylhet from 03.09.2006 to ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......ide L.A. Case No. 12/2006-2007 for Sylhet Gas Fields Ltd. to establish a process plant/an oil drill well. Due to acquisition of lands of the petitioner and others, they suffered immense loss as their source of income curtailed heavily; that those lands were the inherited property of the petitioner a..Category: Property Law | Date: | Hits: 25
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