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Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....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. ......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. ......hat none but the appellants have committed the offence under section 6(3) of the said Ain 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..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. ......en filed by the writ‑respondents taking exception to the direction of the High Court Division to pay interest @ 20% on the rent actually received by the Government in respect of the property in question from the date of unauthorised occupation till the date of restoration of possession thereof......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..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....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 and, as such, the principles as such enunciated therein are...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......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 ..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. ...... about 3‑30 AM at 'Dash Mile Point' and handed her over to the Tea Stall owner. PW 6 Sree Joyenta Kumar Chakravarty deposed that he came to Gabtali to go to Dinajpur and boarded on the bus in question belonging to Hasna Transport and got down from the bus at aforesaid Dash Mile Point and sa......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..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. ...... Mr. Ashraf Ahmed were allotted 2,800 shares being 23.33%. 4. The company was shown to have in balancing loss. The company was insolvent throughout its life. The respondent therefore, questions as to why the company was kept alive by the majority shareholders. Soon after the death o......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..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)
....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. ......h or account, 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 Jew......, 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 ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....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. ...... were not released on payment of the duties the same liable to be confiscated by the Government. 7. It is seen from the materials on record that writ-petitioner declared the goods in question to the customs authority and thereupon the said authority assessed duties but the writ-peti......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..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. ......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. ......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. ..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.
......mandatory provision of section 7 of the Private University Act envisages a report from the University Grants Commission regarding the fulfilment of certain conditions enumerated therein and hence the question of satisfaction of the Ministry of Education does not arise, that the respondent did not go......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..
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. ......mplications of section 195(1) of the Code of Criminal Procedure and erred in allowing the appeal and remanding it to the trial Court. 10. This leads us to the pivotal question whether a revenue officer, dealing with a mutation proceeding, constitutes a court, as envi......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..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. ......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. ......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..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. ......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. ......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. ..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
.... 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. ...... 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 ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
....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
......ed Tax Act, 1991 (XXII of 1991), Section 6
The Constitution of Bangladesh, 1972, Article 102
In as much as Writ Jurisdiction is concerned as regards to Value Added Tax Act, 1990, question of fact cannot be ascertained. However, factual aspect of the case can be considered by res......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.
..
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. ......heirs under section 24 of the Non-Agricultural Tenancy Act, hereinafter in short, the Act, claiming to be the co‑sharers of the land so transferred. 9. The question of ceasing of co‑sharership in the non‑agricultural land amongst the once co&sh......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..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. ...... 2. Short facts of the case are that, respondent Store Officer of Bangladesh Survey Department, Tejgaon, Dhaka in the Office of the Surveyor General, filed AT Case No. 93 of 1996 questioning legality of imposition of punishment of compulsory retirement from service sequel to dep......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) ..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. ......de. 8. We have heard the learned Counsel and perused the impugned judgment of the High Court Division and also the judgment and order of the Special Tribunal. It appears that the arms in question have not been recovered from possession of the appellants and admittedly they were not pres......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..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. ......t 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 separate date for taking step under section 265C after the opening of the case ...... 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..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....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. ......certain exception in certain specified cases. 12. However, the Rule of general law laid down in section 497 of the Code of Criminal Procedure is not strictly binding on the High Court. The question of granting or refusing bail depends upon the particular circumstances of each case and t......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 ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......My positive view is that, the defendant No. 11 could not acquire any property for herself, whatever she acquired, as asserted, was from the family fund and must be attributed in joint family in question. The learned Advocate for the defendant No. 11 has strenuously argued t......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..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
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