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Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....n and the Court of trial below, in our opinion, has rightly believed the prosecution case. Having regard to the facts and circumstances of the case and the evidence adduced by the prosecution we have good reasons to believe that the PWs 11 and 12 doctors who examined the victim (PW 1) have, stated t......ding the petitioner under sections 6(3) and 14 of the Ain. 3. The Nari‑o‑ShishuNirjatan Daman Special Court, hereinafter referred to as the Special Court, upon receipt of the record registered Nari‑o‑Shishu Nirjatan Case 145 of 1997. 4. The petitione......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......8209;1350 with effect from 1‑6‑1995 and new pay scale of Taka 1352‑2750 and other incidental arrears and dues. 7. The Tribunal, on consideration of materials on record arrived at a finding: “It appears from the Annexure‑JA that the BSRS ......as per the provisions in Rule 42 of BSR, Part and FR 35 and that under the provisions of the Services (Re‑organisation and Conditions) Act, 1975 all public servants which include persons in the service of the Republic and in "Public Body" are entitled to unified grades and scales of ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ......sonnel and thereafter, they were challenged in the case and during trial, charge was framed under section 6(4) of the Act to which they pleaded not guilty claiming to be tried and then the Tribunal recorded evidence and convicted them under section 6(4) of the Act as already mentioned above and ...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......er Taka 3 1 lac. According to the adjustments to the draft accounts the loss should have been in the region 17 lac. Mr. Ashraf Ahmed was not provided with or given access to the company's books and records to verify the authenticity of the draft accounts. His insistence on getting access to them......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....only. Anything due and 12a able is a debt. In Muthupalaniapo Chettiar Alagamal Achi, AIR 1961 Mad 438 at p 442. 11. Debt is that which is due from one person to another, whether money, goods or services, that which one person is bound to pay to another or to perform for his benefit, ......to particular legislation where the definition of debt were required to be given, for example, in Indian Debt Laws. 8. The word 'debt' is of a large import, including not only debts of record on judgment, and debts, by specialty, but also obligations arising under simple contract, to......thing due and 12a able is a debt. In Muthupalaniapo Chettiar Alagamal Achi, AIR 1961 Mad 438 at p 442. 11. Debt is that which is due from one person to another, whether money, goods or services, that which one person is bound to pay to another or to perform for his benefit, things ow..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....2002 of a Division Bench of the High Court Division in Writ Petition No. 5364 of 2001 making the Rule absolute. 2. The Rule was obtained seeking direction on the writ-respondents to return the goods which were retained by the Customs Authority at the time of entry of the petitioner into Bangl......petitioner" and thereupon made the direction to the customs authority to return the goods to the petitioner on being satisfied as to identity of the petitioner. 6. The learned Advocate-on-record has placed the judgment of the High Court Division and the other materials on record and ther......mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......he defendant filed rent deposits case being H.R. Case No.10 of 2000 and since then has been depositing monthly rent with the House Rent Controller. 4. The trial Court framed necessary issues and recorded evidence of 1.P.Wand 1.D.W. On consideration of the evidence on record the trial Court came......dingly became a defaulter. The trial Court then found that the plaintiff could not prove his case of bona fide requirement of the suit premises. The trial Court considered the evidence with regard to service of notice and though found that notice under section 106 of the Transfer of Property Act was..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ain, learned Advocate appearing on behalf of the petitioner, submitted that when the allegation is that the petitioner using a forged document before the Revenue Court tried to mutate his name in the record of right, the proceeding as initiated is illegal. He submitted that in a case of such a natur......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......f 1991. 4. The defendant No. 1 neither submitted any written statement nor contested the suit. The plaintiff examined two witnesses. The learned Subordinate Judge after considering the evidence on record and hearing the parties by its judgment and decree dated 24-3-1992 dismissed the suit. Bei......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......āĻ¯āĻžāĻšāĻ¤āĻŋ āĻĒāĻžāĻā§āĻžāĻā§āĻ¨ āĻŦāĻ˛āĻŋā§āĻž āĻāĻ¨ā§āĻ¯ āĻšāĻāĻŦā§āĨ¤ (The other part of the Regulation is not necessary for the present purpose). 7. The learned Advocate-on-record in refusal of the contention of the appellant as to non-completion of the proceeding within t......satisfactory an enquiry was held. On conclusion of the enquiry the appellant was served with the 2nd show cause notice along with the enquiry report mentioning the proposed punishment of removal from service. The appellant was allowed 7 days time to reply to the 2nd show cause notice and the appella..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... The Contract Act, 1872 (IX of 1872) Section 176 The pawnee may bring a suit against the pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonab...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......rishad or it is undesirable from the administrative point of view and there is to be some indication in the order to that effect." 6. In view of the materials on record the contention of the learned Counsel that there was no sufficient material before the Author...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
..... Respondent No. 4 by a notice asked the petitioner to show cause why value added tax at Tk. 8,21,250 should not be imposed on 150 tons of CI sheets and the petitioner showed cause stating that those goods were manufactured prior to Value Added Tax Act, 1991 came into force. Respondent No. 4, howeve......tured out of the inputs viz., the Galvanised Iron Sheets."
5. Mr. TH Khan, the learned Counsel appearing for the petitioner, submitted that there occurred an error of law on the face of the record while finding that the provision of section 6(2) of the Value Added Tax of 1991, applicable i......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......t was made final (subject matter of the partition suit was land measuring 1340 aurjuthansa listed in CS Khatian No. 8282, the corresponding SA Khatian No. 3232). Abdur Razzaque's heirs got their land recorded in a separate khatian being Khatian No. 3232/1. Abdul Gafur's heirs, pre‑emptors, pur......f provision of law that an application for separation of holding or mutation has to be filed and thereupon the Revenue Officer is authorised for separation of the jama or mutation prayed for upon due service of notice to the other co‑sharers. 16. As seen from t..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......inistry of Defence in reply to queries of other rather minimise the gravity of the negligence of the applicant. In our view, therefore the learned Tribunal has very correctly assessed the material on record in finding that the penalty of compulsory retirement has been harsh and that minor penalty wo......er dated January 11, 1998 of the Administrative Tribunal (AT), Dhaka in Case No. 93 of 1996. The Administrative Tribunal by the aforesaid judgment and order considering compulsory retirement from the service has altered the said punishment to stoppage of 3 annual increments for 3 years (within the m..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......the learned Counsel, we find the appellants are entitled to be acquitted. The learned Judges of the High Court Division having failed to consider the aforesaid aspect of the case and the materials on record misdirected themselves in discharging the Rule. 10. Having regard to the materia......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......ng takes place under section 265B and at the end of the hearing the Court decides in the same session whether to discharge the accused under section 265C or to frame charge under section 265D or to record the plea of guilt by the accused under section 265E. There is no question of fixing separat......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... increasing number of cases, seeking of adjournments, collection of witnesses for production before Court and other procedural hurdles. Delay in holding trials in all cases and circumstances is no good ground for granting bail to an accused person specially when he stands arraigned of a crime pu......e concluded within the specified time, the accused in the case if he is accused of a non‑bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be recorded in writing, the Court otherwise directs. 19. Interpreting of the imperative ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
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