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Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......d and finally decided by any of the Courts. Mere showing that a matter directly and substantially in issue in both the suits or cases or proceedings, is not enough to attract the operation of the principle of res judicata. It has to be shown that such a common issue has been heard and finally de......er Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1984 reversing those dated 12.1.84 passed by Mr. Md. Monjur Kader, Munsif, Kumarkhali in Titie Suit No.173 of 1983 rejecting an application for dismissing the suit on the ground of non-maintainability. 2. The present petitioners as pla......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......attempted to cause death or grievous hurt to bar will not come within the mischief of section 6 of the Ordinance." 12. Mr. Mamun, the learned Assistant Attorney‑General, does not differ with the principle settled in the aforesaid decision but his contention is that the same will not help the ac......he appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately was found guilty thereunder and sentenced to suffer R/I for 14 years by the learned Special Tribunal, Barguna in Special Powers Act Case No.20 of 1990 arisi......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......im their share in the suit land. No document or authentic paper is produced by plaintiff to show the relinquishment of their share by Girish Chandra and Sukmon in favour of Darika Nath. It is settled principle of law that relinquishment does not create any title in favour of the person in whose favo......C Appeal 23 of 1986 allowing the appeal and dismissing the suit, reversing the Judgment and decree dated 24.5.86 passed in OC Suit 345 of 1981 by the Subordinate Judge, Thakurgaon, decreeing the suit for declaration of title brought by the petitioner. 2. Admittedly, the suit land along with other......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......ance of the offence under section 25B and 25D of the Special Powers Act and issued warrant of arrest against the accused petitioner. The Special Tribunal appears to have taken cognizance on the principle that there is no bar under the Statute for the Tribunal to take cognizance of the offenc......ourt of Sessions Judge (Special Tribunal No.1), Dinajpur should not be quashed. 2. The facts of the case, briefly stated, are:— Naik Subedar Majibur Rahman, B.D.R. Dinajpur lodged a First Information Report with the Kotwali police station alleging, inter alia, that on receipt of the secr...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......ent condition of law and order situation in the country and, as such, it is not unlikely that a witness will hesitate to tell the truth for fear of his life." 28. We are fully agreed with the said principle of law enunciated in the said cases. Now, question is how far these are applicable in the ......litan Special Tribunal No.10, Dhaka in Metropolitan Special Tribunal Case No.82 of 2002 convicting him under section 19A and 19(f) of the Arms Act, 1878 and sentencing to suffer rigorous imprisonment for 10 years and 7 years respectively and to run concurrently. 2. Prosecution Case, in short, is ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....ce or not. If the termination of a temporary employee is preceded by some sort of enquiry it does not necessarily follow that the order in itself is punitive. The purpose and object of enquiry is the guiding factor. In such a case, there is no duty to hold an enquiry and even if an enquiry is held i......s and communicated vide Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of permanent injunction restraining t......tuted the instant suit being other class suit No.133 of 1986 in the Court of the learned Senior Assistant Judge, Sadar Upazila, District Rajshahi impleading the present petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vid......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......until the decree is passed. In this case where husband accused charged his wife of adultery so in such a situation I find no alternative to pass an order of separation (divorce). 36. It is settled principle that if the marriage was consummated, the wife is entitled to get her whole of the unpaid ......d not be set aside. 2. Plaintiff case, in short, is that the opposite party as plaintiff instituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legall......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......gs of the trial Court overlooking the findings of the Court of appeal below which has decided the issue on the basis of the materials on record. The High Court Division failed to notice the settled principle of law and interfered with the judgment of the appellate Court without assigning reaso...... being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he......strative Appellate Tribunal if a substantial question of law of general or public importance arises which may not only determine the dispute between the parties but will be precedent for guidance for determination of similar disputes in other cases. The mere fact that some question of law arises fro..Category: Property Law | Date: | Hits: 138
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......escribed by the Special Law under section 5 remains." 11. In view of the above discussions of the relevant sections of the Limitation Act and the decisions noted above, we are unable to accept the principles laid down by the single Bench of the Dhaka High Court Division. 12. We are of the opin......y Attorney General-For State. P.K. Bose - Amiens Curiae. Criminal Court's Order No.14 of 1986. Judgment Daliluddin Ahmed J. - This is an application under section 5 of the Limitation Act for condonation of delay in filing an appeal under section 30 of the Special Powers Act, 1974. By ju...... where a special law provided for limitation different from that provided by the first schedule of the Limitation Act the provisions of sections 4, 9-18 and 22 of the Limitation Act shall apply for determination of limitation unless those are excluded by the special law and the remaining provision..Category: Limitation Law | Date: | Hits: 222
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......tion invite the application of section 34 of the Penal Code. In offences involving physical violence, normally presence at the scene of the offence of the offender sought to be rendered liable on the principle of joint liability is necessary but such is not the case in respect of other offences wher......iminal Appeal No.1437 of 1991. Judgment Md. Badruzzaman J.- The Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Brahmanbaria, for confirmation of the sentence of death imposed upon accused Tajul Islam, Abdul Hossain, Feroz Mia......li Hossain @ Haris Ali were absconding at the time of trial and did not prefer any appeal against the impugned order of their conviction and sentence and consequently, we are inclined not to make any determination as to the legality or otherwise of their conviction and sentence. 13. The learne..Category: Criminal Law | Date: | Hits: 139
....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......he exclusion of other chambers to submit panel of names and has also the exclusive vested right to be appointed in the Board of Trustees of the DIT under section 4.
13. It is one of the cardinal principle of Interpretation of Statutes that word found in a Statute must be given its natural meani......rected against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust.
2. On that appli......s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
..
Category: Civil Law | Date: | Hits: 162
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......rder dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferred against an order of the Election Tribunal for re-counting of ballots. 2. The petitioner and opposite parties Nos.1-3 contested the election......not defined in the Ordinance nor is the said word defined in the General Clauses Act According to the Oxford Concise Dictionary it means "the action deciding (contest, question, etc.) settlement, determination, a conclusion judgment, specially one formally pronounced in a Court if law." The word..Category: Election Law | Date: | Hits: 309
....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......Court again speaking through one of us PS Dhaka for information. (Bhogwati J.) observed,
"Article 14 strikes at arbitrariness in State action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of eq...... Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limi......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521...
Category: Criminal Law | Date: | Hits: 105
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......14. Now the subject matter in both the suits relates to shop No.7 and as such the subject matter of both the suits can be said to be identical. 15. It is settled law that the very nature of the principle of consolidation implies that similarity of identity of the matter in issue in different s......Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2.......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...Category: Property Law | Date: | Hits: 112
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......, Deputy Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his property on payment......puty Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his property on payment of ..Category: Civil Law | Date: | Hits: 198
....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......grade. The petitioner has filed a copy of the resolution of the Bangladesh Freedom Fighters' Welfare Trust wherefrom it appears that 50% officers and staff of Head Office were to be terminated on the principle of last come first out except Freedom Fighters (Annexure X to the affidavit‑in‑reply).......s in the Head Office, Finance Division against two such posts as per Organogram of the Trust Head Office and as such his service was properly terminated as a surplus personnel and that there is no uniform practice or statutory rules that the junior most officer should be terminated in such cases and......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
..
Category: Employment/Service Law | Date: | Hits: 207
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... of title. The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and not an evidence of title as such. This is a well established principle of law. A registered Kabala is an evidence of title which will prevail over the other reco......suit on contest. 2. The opposite parties as plaintiffs have instituted a Title Suit being Title Suit No.16 of 1993 in the court of Senior Assistant Judge, Rupganj under the District of Narayangonj for permanent injunction against the petitioners and the defendant-respondent opposite party Nos.7......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ..Category: Property Law | Date: | Hits: 144
....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403.......(Annexure C) it is necessary to mention briefly certain facts of this case. The petitioner's case is that he is a pilot of Bangladesh Biman. He applied to the Directorate of Housing and Accommodation for giving him a Government accommodation for his family to live and accordingly ground floor of hou......whether before or after the commencement of this ordinance, of the period of a lease in respect of any land or building of which the provincial Government or a Local Authority is the lessor or on the determination of such lease or the ground of breach of any covenant or on the determination of such ..
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......ing been for enforcement of fundamental rights, it is not necessary to avail of the alternative remedy, if any. He further submits that, in fact, the order is not appealable. He also submits that the principle of natural justice was not followed in the instant case. He has drawn our attention to sec...... and to be of no legal effect. The said memorandum has been filed by the petitioner as Annexure‑A to the petition. 2. The case of the petitioner is that he is a Senior Advocate of this Court and formally was the Attorney‑General of Bangladesh and he has clients inside and outside the country ......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601
....ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......ormulated in this application is in the affirmative and against the Revenue.
Parties are to bear their respective costs althrough.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 389.
......iery Mill is a nationalised concern and managed and controlled by the Bangladesh Textile Mills Corporation. The Deputy Commissioner of Taxes completed assessment of the income of the assessee company for the assessment year 1979‑80 on the basis of a provisional return of its income. In computing o......aw." In the aforesaid case the Punjab High Court further held that expression "levy" appearing in section 13 of the Act is wide enough to cover proceeding under section 34 for re‑examining and re‑determination of income tax liability in spite of a prior determination.
4. From the aforesaid ob..
Category: Fiscal/Taxation Law | Date: | Hits: 266
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