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Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... 2000. Judgment AK Badrul Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code ......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......xcise and VAT Cadre. 12. As part of this machination on 26-10-96 the respondent No.2 in their weekly meeting made a decision regarding the 7 officers in the following terms, “That as a matter of principle the National board of Revenue is not in favour of absorbing any officers from other Cadres......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......e of the decision of the Income-tax Officer on these matters by writ of prohibition or mandamus under Article 226 of the Indian Constitution is not available to an assessee. 11. Following the same principle, we are also of the opinion that when a Deputy Commissioner of Taxes passes an order or as...... 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax clearance certificate to respondent No.1, the Deputy Commissioner of Taxes, Taxes C......es of the State require that there should be a tribunal to expeditiously and at a small expense decide questions which arise in the matter of assessment. Machinery has been created by the Act for the determination of the liability of an individual for assessment and the extent thereof. It is that ma..Category: Fiscal/Taxation Law | Date: | Hits: 170
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......e is not consistent with or in accordance with the agreement. This right being a statutory right the aggrieved party can agitate the same at any time before any forum on the basis of the well settled principle "there is no estoppel against the statute". He next submits that the Arbitration Act, 2001......to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ellants admits that he cannot and as such shall not argue on merit of the award but he will simply argue on the appointment and jurisdiction of the Arbitrator so the point, in the instant appeal, for determination is whether the appointment of the sole Arbitrator under section 12 of the Act by the l..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......that an early arrest is expected, whereas in the former there may be no warning that a writ is to be issued or an equivalent stop taken. (2) WHEN NO PROCEEDINGS CEASE TO BE SUB JUDICE? In principle civil proceedings should remain technically pending at least until time for Appealing has ...... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......efore, the superior courts of Our country always favour the view that the subjective satisfaction of the executive authority looked into objectively by the High Court Division. This is based on the principle that one may look into a thing in a way and a man of mature understanding and experience......he detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one of the five young leaders who played leading role in organizing the youths who fought for the liberation of the country. The detenu is recent years developed contacts with various Un......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......relevant evidence has been substantially considered by the lower appellate Court. The appellate Judgment may not meet all reasons given in the judgment of trial Court, while setting it aside. The principles had not been followed by the 1st appellate Court inasmuch as in some places appellate Cou......y Additional District Judge, Faridpur in Title Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc...... the judgment and decree passed by the trial Court. 10. I have been taken through the judgment pronounced by the Courts below as well as other materials on record. The only point that calls for determination in this Second Appeal is whether sale deed Ext. 2 is a bona fide document for valuable..Category: Property Law | Date: | Hits: 122
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......07.1983, but it failed to do so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with section 281 (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction......al meeting commenced from 15.04.1984, Since it held the 3rd annual general meeting within 15 months from 15.04.1984, on 30.12.1984, it held the meeting within time. The first point that falls for determination in this application is which view is correct?
8. In our view the words "not more th..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... 20, 1987 and the SRO prevailing at that time was binding on the party. The respondent, however, stated that, the Board of Directors of the Corporation in a meeting held on October 30, 1990 agreed on principle to raise the retirement age, of all female Cabin Crew up to 45 years and the said proposal...... called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......the same year and that to meet the said situation there having been a circular issued by the then Government of Pakistan bearing No.1/16/69‑D11 dated 31st December, 1970 Circulating certain general principle's of seniority including the general principles of determination of seniority of officers ......ocate ‑ For the Respondent Nos. 4‑10. Writ Petition No.1900 of 1990. Judgment Md. Ruhul Amin J.- The Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule responden......s. The Authority while made service Regulations namely Dhaka Water Supply and Sewerage Authority (Service) Regulation; 1969, hereinafter referred to as the Regulations of 1969, as did not provide for determination of inter se seniority of the promoted officers to the grade so promoted and the direct..Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......vidence was obtained. While this proposition may not have been stated in so many words in any English case there are decisions which support it, and in their Lordships, opinion it is plainly right in principle. In Reg. V. Leathem, 2 an information for penalties under the Corrupt Practices Act, objec......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......of rights by way of Mutation. Both the matters are dealt with by the Revenue Officers and regarding Mutation matter there is a provision for review to the Revenue Officer. We are of the view that the principle applicable to preparation of record of right will also be applicable to the mutation of na...... Criminal Revision No. 3668 of 1991. Judgment Mahfuzur Rahman J.- This rule was issued at the instance of the accused‑petitioners under section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......at there is no bar to allow amendment in a proper case at the appellate stage and the rules of procedure are meant to enable the Court to do justice between parties and not to stand on their way. The principle laid down in 12 DLR 704 also supports the view I have taken above. Mr. Das, secondly, cont...... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for dec...... is discretionary one and is to be judicially exercised on consideration of peculiar facts and circumstances of a given case and the Court will exercise the power where the amendment is necessary for determination of the real controversy between the parties and can be made without causing any injust..Category: Procedural Law | Date: | Hits: 133
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed/although he was not charged it.” 14. The principle as enunciated in section 236 Cr.P.C. is an exception to the general rule that for every di......assed by the learned Sessions Judge, Moulvibazar in Sessions Case No.30 of 1984 convicting the accused appellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. correspondin......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ...... J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ......or establishment of their predecessors' right, title, interest and possession and it is only when they do so establish that the question of mutation will arise. 30. It is well-established that a determination that is erroneous in law can be set aside if the error goes to jurisdiction or if the ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......he judgment of the Division Bench in the earlier Writ Petitions disposed of on 16.4.80, the stand taken by the Corporation, to say the least, is arrogant. He submits that the defence is barred by the principle of constructive res Judicata. 15. Mr. M. Nurullah, learned Attorney-General appearing o...............Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made absolute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorn......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......nts required to warrant a conviction under section 302 of the Penal Code read with section 34 of the Penal Code are not present in the instant case. In support, of his contention he has relied on the principle laid down in the case of Md. Abdur Rahman Mondal Vs. State reported in 29 DLR (SC) page ......2 of 1984. Judgment Habibur Rahman Khan J.- The appellants Abdul Khalek and Mohubullah @ Mohibullah have been convicted under sections 302/34 of the Penal Code and sentenced to transportation for life and the appellant Sabjan Bibi has been convicted under section 201 of the Penal Code and ......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......s. Emperor, AIR 1931 Pat 339; Comming Vs. Ratnam, 1932 Mad Cr C 23 and Sarwan Sinh Rattan Singh Vs. State of Punjab, (S) AIR 1957 SC 637 (Reference: AIR 1959 Pat 362).” 10. Relying on the golden principles enunciated in the above case reported in AIR 1959 Pat 362, we may proceed to assess the e......nt Qazi Shafiuddin J.- The death reference being Death Reference No.9 of 1992 submitted by the Additional District and Sessions Judge, Sunamganj under section 374 of the Code of Criminal Procedure for confirmation of the death sentence upon accused Khalilur Rahman along with Criminal Appeal No.65......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......r who obtained the Rule for the petitioner submits that he tried to contact with the heirs of the deceased defendant‑petitioner but failed. He makes another submission that according to the settled principle of law a revision does not abate and in support of his contention he cited a decision in t...... of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petitioner who is a monthly tenant on the ground of bonafide requir......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......rvice Rule, 1992 instead of following Rules 37 and 38 of the said Employees Service Rules 1992 for formal action under Rule 34 giving chance of hearing through service of show cause notices under the principle of natural justice. Since authority did not proceed take action against the employees as p......a Supervisor on 26-1-1988. He joined on same date. He was made permanent on 10-3-1996. Suddenly he was terminated vide order dated 17-8-1997.
19. Almost all of the above petitioners filed petition for appeal to the authority but got no positive result. Hence above 16 writ petitions were filed and......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
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