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Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....te of unauthorised occupation, till the date of restoration of possession. We are of the view that the ground upon taking which the leave petition has been filed has substance. 6. In the facts and circumstances of the case we are of the opinion that instead of granting leave to appeal a......n (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......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).
....l the cases referred above the incumbents or the aggrieved persons were Government employees whereas the petitioner‑ appellant was an employee or librarian of a private limited company. So, the facts and circumstances of the case referred above are not identical with those of the instant case ...... Judgment March 17, 2003. Waiver, Estoppel The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to th...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....ice and therefore Courts are under a duty to sift "chaff from the grain." In the light of the decision reported in PLD 1973 SC 418 we hold that the plea of jump is inconsistent with the facts proved. Therefore, it can be ignored and the other facts appearing in Exhibit 13, GD No. 9...... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Moinul Haque (Md) and another........Petitioner Vs. State ....................................t act for an offence under section 6(4). This rule provides for punishment both for individual as well as for constructive liability of a gang. In the instant case there being strong circumstantial evidence incapable of explanation upon any other reasonable hypothesis than that of the guilt of t..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ificate of Incorporation of the Memorandum and 'Articles of Association of the petitioner company and the last filed Annual Accounts and Annual Return of the petitioner company. 3. The facts stated in the petition under section 233 of the Companies Act 1994 was that the Petitioner Co......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Nahar Shipping Lines Ltd. and another .............Petitioners &nbs......ting of the Company has been held since 1985. v. Financial bungling committed by the petitioners 2‑5 have been evidenced by the demands for repayment by financial institutions. vi. The responde..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)
...., secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey, the proprietor of Ms H Dey Jewellers, and ......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....e 7, 2001 the writ-petitioner approached the customs authority for return of the goods for taking back the same to his country but was not attended by the customs authority. In that background of the facts writ petition was filed seeking the relief as stated hereinover. 4. The Rule was oppose......ismissed. Ed. ......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)
....haka in S.C.C suit No.15 of 2000 are hereby affirmed. 11. The order of stay of operation of the judgment and decree dated 29.1.01 as passed at the time of issuance 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. ...... For the petitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dh......ant 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 to the f..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....an J.- This appeal by special leave arises against the judgment and order dated 9‑11‑2000 of the High Court Division passed in writ petition No. 5233 of 2000 making the rule absolute.
2. The facts, in short, are that the respondent, North Point University, filed an application under section...... Court
Appellate Division
(Civil)
Present:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent
Ju......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).
....vision Bench of the High Court Division is Criminal Appeal No. 20 of 1992 allowing the appeal and sending it back to the trial Court for further investigation. 2. The facts, in short, are that one Jetindra Nath Paddar, Inspector, District Anti‑Corruption Bureau......898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other cour..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....did not do so, in response to the last request of the plaintiff to execute and register the sale deed the defendant No.1 on 5‑2-1989 denied to execute and register the sale deed. In the aforesaid facts and circumstances the plaintiff was compelled to file the suit for Specific Performance of Con......AD) (2005) 38. ......Suit No 40 of 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 ..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. ...... Haque J Md. Ashequr Rahman…………….....................................Appellant Vs. Bangladesh Agricultural Research Institute, represented by the Chairman, Ministry of Agriculture and others…….........................................Respondents Judgment February 02, 20......llegal. 4. The High Court Division rejected the said contention of the appellant upon observing "We do not find that the said ground was specifically taken before the appellate authority as it is evidenced from the application of appeal filed by the petitioner against the order of compulsory ret..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
.... No. 785 of 2000. A Division Bench of the High Court Division disposed of the writ petition upon making direction to the Adalat "to dispose of the issues of law first and postponed settlement of facts until the issues of law have been determined". Thereafter, the Adalat by the order dated ...... KM Hasan J Md. Fazlul Haque J Islami Bank Bangladesh Ltd. ..........Appellant Vs. Sub‑Judge and Additional Artha Rin Adalat & others...Respondents Judgment &nb...... of the debt amount to file the suit keeping the pledged goods as a collateral security or to sell the pawned goods. These rights are two distinct and separate rights and independent of each other is evidenced by the use of the word ‘or'. In that view of the matter one right is not conditioned..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
....tter or on any error on the face of the record. We do not find any such situation on the face of the record for invoking our jurisdiction for review.
7. In view of the above, there being no new facts and/or error apparent on the face of the record this petition do not merit any consideration.
......
SJR Mudassir Husain J
AS Ahammed J
Anowar Steel Mills Ltd...........Petitioner
Vs.
Secretary, Ministry of Finance, Internal Resources Division, Government of Bangladesh and others ….... Respondents
Judgment
January 26, 2003.
The Value Added Tax Ac......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).
....o. 12. The decision in the case reported in 33 DLR (AD) 323 as to seeing legality of the order of the Revenue Officer splitting jama was made in the background of the facts first, therein it was established that the order splitting the jama was obtained without servi......Husain J AS Ahammed J Alfazuddin Ahmed ........Appellant Vs. Abdur Rahman and others.................Respondents Judgment ......y wrong in holding that Khatian No. 3232/1/1, standing in the name of the pre‑emptors, was in respect of the land got pursuant to the final decree in the partition suit though there was no such evidence. Leave was also obtained for consideration whether the decisions reported in 33 DLR (AD) 32..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
....e power to consider the regularity and legality of the proceeding initiated against the delinquent officer as well as to consider the proportionality of the penalty imposed in the background of the facts and circumstances of the case……………….(11) ...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....omplicity of the appellants, other than the statement of the co‑accused which is inadmissible in evidence, has not been established by independent witnesses. 9. Under the aforesaid facts and circumstances of the case and in view of the submissions made by the learned Counsel, we f................Appellants Vs. State …..Respondent Judgment January 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrest......on to prove the allegation that the 2 persons who fled away from the place of occurrence were the appellants relying on the statement of co-accused made to police party, which is inadmissible in evidence, and, as such, the findings and decisions arrived at by the High Court Division are liable ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
.... KM Hasan J.- These appeals are taken up together and disposed of by this judgment as the facts and law points involved are similar, except that no charge was framed against the accused res...... Ed. ......ing absolute others with, a direction upon the Additional Metropolitan Session Judge to take steps under section 265B of the Criminal Procedure Code for the prosecution to open the case by stating evidence and thereafter, fix another date for hearing under section 265C of the Criminal Procedure ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....t as a matter of course be refused, nor can there be any rule of practice upon the basis of which such a discretion can be judicially exercised, for, rarely will there be two cases in which the facts are alike ....” “To act upon a Rule of ...... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan......rinciple that in refusing bail it is generally necessary to see whether there are reasonable grounds for believing that the accused has committed the offence and whether he is likely to tamper with evidence during his enlargement on bail. 14. As regards the submission of the learned Depu..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....p; 6. Malati Prova Chowdhury as defendant No. 11 (now deceased) and the appellants as defendants 12 and 13 contested the suit by filing two sets of written statement denying the material facts of the plaint and contending, inter alia, commonly that the defendant No. 11 was the only issu...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J Abu Sayeed Ahammed J Cinmoy Chowdhury and another .............................Appellants Vs. ......upon the appeal and have been pleased to dismiss the appeal by the impugned judgment and decree. The High Court Division dismissed the appeal vis‑a‑vis the suit, upon consideration of the evidence on record, both oral and documentary, on threadbare discussion of the same and upheld the j..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....udge, Fifth Court, Dhaka in Title Suit No. 188 of 2002 which summarily rejected the application under Order XXXIX rules I and 2 of the Code of Civil Procedure. 2. The facts relevant for disposal of the case, in short, are that on 10‑8‑2002, the plaintiff,......Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Judgment...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
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