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....e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......itially appointed to development projects of the LGED were posted as Assistant Engineers under the Revenue Head on various dates. In many cases, the Assistant Engineers working in the projects, whose age exceeded 30 (thirty) years, were transferred to revenue budget because of their experience and..
Category: Employment/Service Law | Date: | Hits: 66
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......rally, in such cases the statement of a witness made on oath in the court at the time of trial will be inconsistent with his statement recorded under section 161 of the Code and the accused will take full advantage of such flaw. In view of this position we think that the proviso to sub-section (1) O......lieve that a semi-literate person like the informant could give such a story in the First Information Report which is different in details from the story as made out in his evidence in the dock to damage the prosecution case. We have no doubt in our mind that the investigation officer P.W.14 recorde..Category: Criminal Law | Date: | Hits: 64
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......e. Instead, he served the copies on Mr. SA Hasan, the learned Assistant Attorney-General, at Dhaka, on the date of moving the bail petitions in an irregular and unusual manner, allegedly taking advantage of the sincerity and friendship of the Assistant Attorney-General with him as submitted by Mr. H..Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......d brought out arms and ammunition from a box kept in that house. In his examination under section 342 of the Code of Criminal Procedure appellant stated that he lived in Dhaka city and not in his village house which was empty. Though reliance was placed in this case in the 21 DLR decision facts and ..Category: Criminal Law | Date: | Hits: 73
....without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......report was sent to the then CMLA for the dismissal of the petitioner from service under MLO-9 and the CMLA accordingly, dismissed the petitioner from service by order dated 18-6-84; that the CMLA had full power to pass an order under MLO 9 and that the removal of the petitioner from service was nece......of the review application on 1-2-94 vide Annexure “I”. It is stated that the petitioner entered into Government service on 1-2-64 and during the pendency of the review application he attained the age of superannuation (57 years) on 7-3-94 and that the petitioner received the order of rejection o..
Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......eal, which is to the effect: “…….In any event government must spell out its case in a properly filed written statement. Any further observation is not possible on the materials on record. No full adjudication is possible unless both sides put in their pleadings and lead evidence". 17. Re......as leased out to North Bengal Sugar Mills Ltd. by the then Government of East Pakistan and after the Indo‑Pak War of 1965 the same was declared as Enemy Property and the then government took its management. Thereafter, the suit property was handed over to the East Pakistan Industrial Development C..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......n itself, rather this should be a beginning to an end with regard to enforcement of human rights by the judiciary of Bangladesh. The above submissions of Mr. Huq are very sound and reasonable. We are fully aware of our responsibility as regards enforcement of fundamental human rights as provided und...... অথচ বারো বৎসর যাবত জেলে” was published in the Bengali newspaper "The Daily Ittefaq" which revealed that a boy named Md. Nazrul Islam, son of Arshad Ali of village Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in ..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......ment of TK.5,00,000.00 subject to the quality of test of the goods by BSTI and also subject to the further order by the High Court Division. Thereafter, as per adjudication order, the petitioner made full payments of the customs duties, taxes, penalties and other charges to the tune of TK.74,39,601.......terials such as empty tubes of Unilever products. The aims of such imports are to market and distribute fake, sub-standard and counterfeit products. The counterfeit products are taking unfair advantage of the marketing campaigns conducted by the writ-petitioner. Moreover, the unassuming and bona..Category: Fiscal/Taxation Law | Date: | Hits: 168
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ...... without any lawful authority and the same is of no legal effect. 9. Mr. SC Das, the learned Advocate appearing for the respondents submitted that the Director of Land Records has been vested with full powers and authority to revise any order passed by any Revenue Officer under Rule 44 read with ......blished. The petitioner's name was also correctly recorded in the present khatian as per his title and possession. After the Field Survey the present respondent Nos. 2‑5 filed a dispute case and managed to get their names recorded by suppressing notices. 7. The case of the respondent that the l..Category: Property Law | Date: | Hits: 73
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......nt No.1 accordingly in its Board meeting held on 09.11.2000 agreed to settle and release the mortgaged property provided that the defendant No.4 paid Tk. 3,50,00,000/- only to the defendant No.1 in full settlement of its claim. The defendant No.5 then offered to sell the mortgaged property to a th......up of Companies. The defendant No.4 Company obtained loan from the defendant No.1 Bank and the defendant No.5 as the Managing Director of the defendant No.4 Company and guarantor of the loan had mortgaged his property with the defendant No.1 Bank as collateral security. The defendant No.4 failed to ..Category: Civil Law | Date: | Hits: 93
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......nt Corporation and others…………………Respondents Judgment December 18, 1991. Result: The Rule is made absolute. Case Referred to- Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, Bangladesh Supreme Court Dig..Category: Employment/Service Law | Date: | Hits: 67
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... among muslims is not sacrament but purely civil contract. Marriage brings about a relation based on and arising from, a permanent contract for intercourse and procreation of children between man and woman who are referred to as ‘parties to the marriage and, who after being married, become husband......h an acknowledgment as would confer the status of legitimacy upon an illegitimate child. 29. In Ghaganfor V. Kaniz Fatima, their Lordships of the judicial committee said: “The learned Judges fully recognized that prolonged cohabitation might give rise to a presumption of marriage, but that ......rder to resolve them the facts in some detail are necessary. 2. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized according to Mohammedan Law, the Kabinnama was not registered. They lived as husb..Category: Family Law | Date: | Hits: 318
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
...... filing an Affidavit-in-opposition stating that under HS Code No.87.02 and 87.04 of the Import Policy Order, 1995‑97 old vehicle could be imported but they must not be more than 5 years old and the age of the vehicle would be calculated from the 1st day of the next year of the manufacture.
6. T..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......ion. 3. Whether in the facts and circumstances of the case the teamed Tribunal was justified in finding that the executives of the assessee manage the affairs of the Bangladesh business and that full management power has been delegated to them by the head office in UK. 4. Whether in the fact......st Niles, Glasgow. It has branches in various parts of the world, including Bangladesh. In Bangladesh it has branches in Chittagong, Khulna and Dhaka. Its business is carried out through a General Manager and other subordinate staff. In this country it has tea plantation and other properties. 3. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ....... It is equivalent to saying that inspite of the provisions of the Act or any other Act mentioned in the obstante clause or any contract or document mentioned the enactment following it will have its full operation or that the provisions embraced in the non-obstante clause would not be an impediment......ts to which the expression would apply. One theory of "public use" limits the application to "employment" "occupation". A more liberal and more flexible meaning makes it synonymous with "public advantage", "public benefit". A title investigation will show that any definition attempted would exclude ..Category: Property Law | Date: | Hits: 93
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....pe gun and the accused. P.W.2 Jahangir Hossain, Police Constable being a Member of the raiding party stated in his examination-in-chief that while Ismail Hossain was interrogated after his arrest one woman handed over a pipe gun to them, who told that the arms belonged to Ismail. P.Ws. 3, 4 and 5 we......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......imprisonment for one year more. 2. The fact, in short, is that on 31.8.1997 S.I. Md. Lutfar Rahman, along with his other companion constables went to Patrol duty for arresting two accused from village-Bagdanga, within Police station-Kotwali, District Jessore. When they reached near the shop of To..Category: Criminal Law | Date: | Hits: 76
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......a M. Kamal, learned Advocate submits that whether there was single’s’ or 'ss' is not matter but matter is that Md. Yaidul Hosain was the father of Shamsul Kabir Humayun Reza, the plaintiff successfully stated that the father of Shamsul Kabir Humayun Reza was Md. Yaidul Hosain. On the question wh......r sets of apparently original documents and deeds are original real and which one is forged. 3. The cases before me are unique cases of forgery. Allottees, 3 in number are of same name, same parentage, similar hand writings with similar apparently same documents but 3 persons claiming the plot of..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......ged a GD Entry No.491 dated 10.2.76 Ext. 6(a) with Mohammadpur PS. But in spite of repeated requests and demands the said defendants have not vacated the said shed as well as the dispossessed portion fully described in schedule 'B' of the plaint. The plaintiffs have been in exclusive possession of t...... statement of defendant Nos. 1‑6. Moreover, even if we allow this amendment the unamended written statement of defendant Nos.8 and 10 will remain intact in paragraph No.19 (d) in the very same language as in paragraph No.19 (d) of the written statement of defendant Nos. 1‑6. They being nacre sub..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... be separately pleaded, with specificity, particularity and precision. It must be remembered that the plaint is the foundation of the suit and it should be drawn up in accordance with law for getting full relief. The plaint is totally silent in this regard. 9. In case of cancellation of an instru...... plaintiff does not claim that 05 decimals of land have been mentioned in the deed due to common mistake or through inadvertence. In case of the rectification of a deed, the Court will amend the language of the instrument for the purpose of making it accord with the true intention of the parties, ha..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......re list has not been prepared in presence of seizure list witnesses, which is not proper and in compliance of Section 103 of the Code of Criminal Procedure. 10. The deposition of the witnesses are full of discrepancies and not independent and disinterested witnesses in this case. All of them poli......J Shahin Alam............Convict-appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawyers Involved: No one appears - For the Appellant. Farhad Ahmed, Deputy Attorne..Category: Criminal Law | Date: | Hits: 56
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