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State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....before the Court with clean hands. In the case of Illyas Vs. State, 1972 P.Crl.LJ 20 and Ali Khan Vs. State, PLD 1963 Kar 1042, it has been held that where the witnesses were not named in the FIR but claiming to have been present at place of occurrence and raised hue and cry. First Information, in c......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in....... It is true that C.R. Case No.90 of 1997 was initiated through Sarafat Ali. It is not a fact that Anti Corruption Department gave opinion for false certificate. It is a fact that he has refunded the money taken by him for degree honours examination. He could not remember whether was informant or wi..Category: Criminal Law | Date: | Hits: 89
....total quantity found on survey was 1917.355 metric tons and thereby there was a shortage of 11.856 metric tons. The plaintiff after due calculation and after obtaining the survey report preferred a claim for the short delivered 11.856 metric tons of Bulk Tallow short received vide letter dated 18.......te Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
....inancial soundness and in the absence of the project feasibility report and that the approval has been given on an application submitted on 29‑12‑1997 in the name of the respondent No. 8 Company, claiming to be an affiliate of Stevedoring Services of America, an USA-based Company, and without co......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n......the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑1997, which Bangladesh wou..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....such imposition of condition or restriction is not a matter of procedure....................(21) The discretion of the National Board of Revenue to modify or waive the payment of the tax cannot be claimed as a matter of right. Nor such discretion could be thought to be a condition or requirement ......ct. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
.... written statement for which it can be said that the suit was not contested by the defendants before the Courts below. He points out that in the written statement the defendants did not challenge the claim of the plaintiff that he is a regular employee and the defendants also did not challenge the a......propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ground to......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
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Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....968 by a registered kabala deed dated 20.2.68 which was produced and exhibited as exhibit-Ka, another title deed dated 20.2.68 was also produced and exhibited and marked as exhibit-Kha. The plaintiff claimed the suit land measuring .660 azutangsha on the basis of deed which was executed and register......……………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......uashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......ith the cases relating to promissory Notes, Bills of exchange and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of money of dishonoured cheques…………………………(25) Cases Referred to- Nizamuddin ..Category: Criminal Law | Date: | Hits: 70
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ile, notorious and confined during the time necessary to create a bar under a statute of limitations and it must be adequate in continuity, publicity and extent………………..(18) When anyone claim in his plaint that he purchased the suit property orally, he cannot assert that he got title b......e by adverse possession as title by adverse possession is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….......a Majumder have been recorded as possessor. The said lands of district survey No.75 and MRR No.95, for arrear of rents, were put into auction in Certificate Case No.15930/1960-61. Having need of cash money, the original orders, by concealing the aforesaid fact, sold certain land of dag Nos.513 and 5..Category: Property Law | Date: | Hits: 83
....shipment Inspection Agents for respective blocks commenced providing PSI services from 15‑2‑2000. The petitioners received payment from the respondents without any deduction of VAT or without any claim for payment of Value Added Tax (VAT) being made by the VAT authorities. The functions and resp......titioner No.2 is the local representative of the petitioner No.1 in all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tend......od of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection Order 1999 being SRO 316-La..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....g felt still dissatisfied, invoked this Court's Civil Revisional Jurisdiction on bestowing a Petition under section 115 of The Code and obtained Rule.
3. Grounds pressed into service in support of claim to be added as opposite parties in Civil Revision are catalogued hereunder:
I. Petitioners ......f 1984 in First Court of the then Munsif, Dhaka impleading Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional ......rnment were allotted .75 acres of property from Industrial Plot No.190 appertaining Cadastral Survey Plot No.428 and they deposited a total amount of Taka 5,66,375 + 61,83,625 - 67,50,000.00 as lease money and Government executed and registered lease deed in favour of Petitioners and Petitioners got..
Category: Property Law | Date: | Hits: 82
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the defendants denies the title of the plaintiff to a share of the estate or to specific land of the estate and assert a hostile title and adverse possession therein as in the present case. It is the claim of the plaintiff that Sajimuddin being not a very intelligent person deputed Elimuddin for rec...... the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Sui......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......e or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case was also stayed. 3. The relevant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir Iftekharuddin, ......wo cheques dated 30-7-2006 and 12-8- 2006, for payment of Taka 5, 00,000 and 10, 00,000 Respectively, were issued in favor of the complainant- opposite party No. 1 as partial payment of consideration money for sale of the SA Apparel, a Garment Factory. The complainant opposite party No. 1, on receip..Category: Procedural Law | Date: | Hits: 128
....ules are discharged.
Once compensations have been paid there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose ......there remains no right in the petitioner to get back the land acquired. Property validly acquired and vested in the requiring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Naray...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
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Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......rt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Res......রাপ্ত লাভজনক পদ বা অবস্থান. In other words, a person for holding the said office is expected to make pecuniary gain or material benefit. Here the amount of money receivable by a person in connection with the office he holds may be material in deciding whet..Category: Constitutional Law | Date: | Hits: 466
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....he contract illegally without making arrangement for payment of the dues of the plaintiff and for the heavy losses and damages suffered by it for no fault of its own. Thereafter the plaintiff filed a claim petition before the authorised officer of the defendants but the plaintiffs legitimate demands......th Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with Miscellaneous Appeal No.289 of 1999. Judgment Gour Gopal Saha J.-These two appeals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are intermingled. 2.......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....ch official tender was invited, as per tender 18 (eighteen) meter brick drain of sewerage line have been constructed and while the rest construction work was proceeding the plaintiff Abdul Khaleque claimed that the land of construction area belonged to him. Consequently a letter was issued to Addi...... Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defendants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession…...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......……………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one o......stly misappropriated it or converted it to her or his own use; c) That the accused held the property in fiduciary capacity…………………………………(27) The transaction of loan money under a loan agreement do not operate as an entrustment under section 405 of the Penal Code. A..Category: Criminal Law | Date: | Hits: 92
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......r as to costs. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a C......ely sanctioned cash credit limit from Taka 20, 00,000 to Taka 35, 00,000 vide letter dated 16-5-1990. Although the petitioner took the above credit facilities but it did not properly utilize the said money and stopped the production of the project with malafide intention beyond the existing norms an..Category: Constitutional Law | Date: | Hits: 334
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....t party (accused in that case), disbelieving the counter case there is no scope for acquittal of the accused without evaluating the evidence on record. Of course, evidence of interested witnesses who claim to have seen the occurrence is to be thoroughly scrutinized by a searching eye and if after su......ent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......sold the land on account of inability to maintain themselves due to natural calamities; the sold land was less than 1 acre; and that they had no land more than 2 acres". Upon such application the aforesaid case was started. The Board of judgment dated cancelled the deed adjusting the consideratio...... made in this petition which we have earlier referred that the opposite party vender filed the application under section 7 of the Act on the ground that they sold for their own expenditure to procure money for livelihood that is the sprit of the law itself. The Board, however, upon such application ..Category: Constitutional Law | Date: | Hits: 222
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