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Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....tion witnesses is that they are quite innocent and they have been falsely implicated in this case. The case of accused Rafiqul Islam is that his bus was stood by the side of the road and on the other hand the case of accused Md. Abdul Quddus is that the accident took place due to failure of break of...... and also came to know from Faizal Hoque, Abdul Hamid, Zobanuddin Azizur Rahman, Ohidul and Delwar who were passengers of bus No. Ba-63 that Dinajpur Bus No. Ba-9664 and Rangpur Bus No.Ja-63 tried to overtake each other with high speed in the way of Nilphamari and when they reached near Dhali tempor......other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....m and the same having fallen through due to production of documents they again brought f1resh charge of misconduct for using official document in that proceeding and such action was mala fide and highhanded; that the enquiry officer being junior to the petitioner in rank the enquiry proceeding was i......hoenix Fabrics Ltd. and other holdings by manipulations of meter reading; that the respondent No.3 being influenced by the said Ismail Khan got a resolution dated 25.6.88 passed in a meeting presided over by respondent No.3 for holding an enquiry into manipulation of billing of M/s Phoenix Fabrics L......9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527...Category: Employment/Service Law | Date: | Hits: 231
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....plication in the Administration. A copy of the minutes of the meeting dated 5-2-96 has been annexed as Annexure-X to the writ petition. 15. It was further stated in the application that on the one hand respondent No.2 who has been trying to get rid of these 7 officers on the plea of sufficiency o......iginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Judg......titioners 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: 186
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....he house as well the neighbours came in and found the child in a serious injured condition. P.Ws.7 and 8, neighbours of the informant also saw the accused running away with blood‑stained dao in his hand. The informant Shamsuddin Howlader having returned from the field heard hue and cry and on arri......child in the lap of his Mother and his mother told him that her husband had killed his child. He chased the accused but could not catch hold of him but a red colour wrapper and a sponge sandal was recovered which the accused left behind. In his cross-examination he denied the suggestion that he did ......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
.... arbitrator is beyond his jurisdiction as contemplated in section 10 of the Arbitration Act, 1950, and Exception I to section 28 of the Bangladesh Contract Act. Mr. Abdul Wadud Khondker, on the other hand, submits that parties cannot by private stipulation oust the jurisdiction of the domestic tribu......94 Bangladesh Air Services Pvt. Ltd. informed the Manager of the Petitioner in Bangladesh about a dispute from unjust or improper interference by the latter causing substantial financial loss to well over taka twenty‑five million and that the matter should be referred to arbitration. This was foll......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....n: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......sion (Civil) Present: AK Badrul Huq J Sreemati Hari Rani Basak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali......an Rules the then Governor of East Pakistan promulgated East Pakistan Enemy Property (Land and Buildings) Administration and Disposal Order, 1966 and this Order was promulgated for administration and management of Enemy Property in Erstwhile East Pakistan. 46. In Sub-Rule (2) of Rule 2 of The Def..Category: Procedural Law | Date: | Hits: 108
....erest and penalty. And as for the arrear dues the petitioner is prepared to deposit the same. Further submission of' the learned Counsel is that the concept of fairness demands that the matter in the hand of the executive authority be disposed of as expeditiously as possible although there is no tim......de by the Assistant Collector of Customs and Excise, Jessore; Collector of Customs and Excise (Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for th......to reduce the number of seats. The condition precedent of such reduction of seats is the grant of prior permission by the Customs Authority. Rule 9(2) proviso runs as hereunder:
"Provided that the management of a cinema house shall not increase or decrease the charge of admission fee, number of s..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....ence is exclusively triable by that Court. 4. The informant does not seem to have taken any step against the orders of the Sub-Divisional Magistrate rejecting his aforesaid petitions. On the other hand it is found that he filed an application against before the Sessions Judge for taking cognizanc......neral and the learned Advocate for the complaint opposite party have, however, supported the orders complained against in their own way. 7. The section which is immediately attracted in the controversy raised is section 193 (1) of the Code of Criminal Procedure which reads as follows: "193. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....ased Ranju deposed in that case and as a result of such enmity they committed the crime of murder of taking the life of her two sons. 25. P.W.19 Zamir Hossain, Sub‑Inspector of Police proved the hand writing of the Investigating Officer Fazlul Huq who submitted the charge‑sheet and, also inve......und Ranju being murdered, Almas was found dead with throat cut on the northern side of the house, dead body of Shahidullah was found on the roof of Ashraf Ali's house and dead body of Ishaque was discovered in the paddy field towards the west of the house. He heard that Abu Baker Siddique was in. th...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... aware of taking over the suit property as abandoned property and for that reason she made the Government, represented by the Secretary, Ministry of Works, as a party. Mr. Zakir Hossain, on the other hand submits that the Ministry of Works was the concerned Ministry and this permanent lease was gran...... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... the defendant Nos.5 and 6 that the suit property belonged to one non‑Bangalee who during liberation war in 1971 left this country and as a result the suit property became an abandoned property for management by the Government. It is further stipulated that the suit property was leased out to a sh..Category: Property Law | Date: | Hits: 157
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....by filing different sets of written statements and the present Petitioners who are defendants Nos.‑42‑43 filed a joint written statement and prayed for saham on the ground of purchase from Suvok Chandra Paul their predecessor‑in‑interest who acquired title to the suit land by virtue of the p......and Kalitara. and the defendant No.41 has purchased the said land from heir of Jotindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..Category: Procedural Law | Date: | Hits: 118
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....R 8 Pat 496 = AIR 1929 Pat 491 and King Emperor Vs. U San Win, JLR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701 are some of authorities on the subject. 7. A contrary line of cases had, on the other hand, ruled that The Code drew no distinction between an appeal from an acquittal and an appeal from......av Vs. State of Bihar, (1973) 2 SCC 424, Syed Mushtaq Ahmad Vs. Siddiqullah and others, PLD 1975 SC 160 and Kashem Ali Vs. State and others 40 DLR (AD) 294, State represented by the Solicitor to the Government of The People's Republic of Bangladesh Vs. Ashraf Ali alias Ashraf and another 43 DLR (AD)......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...Category: Family Law | Date: | Hits: 165
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....barrier from granting further promotion to the appellants (Promotee Officers) and other officers of their batch and as such the writ petitioners did not come before the High Court Division with clean hand and the writ petition was filed with mala fide intention. 11. Mr. M. Aminul Islam, the learn...... Syed JR Mudassir Husain J MM Ruhul Amin J M. M. Mahboob and others.........Appellants Vs. Sk. Abdur Rashid and others …..............Respondents (In Civil AppealNo.199 of 2000) Government of Bangladesh represented by the Secretary, Ministry of Establishment .....Appellant V......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..Category: Employment/Service Law | Date: | Hits: 149
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs......it premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction was not maintainable against him without a prayer for declaration of title and recovery of possession. The learned SCC Judge at the conclusion of the trial found that the defendant N......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....was wrong to pass an order of conviction on the basis of the uncorroborated evidence of these two interested witnesses. 5. Mr. Syed Matiul Islam, learned Assistant Attorney‑General, on the other hand, submits that the evidence adduced by the prosecution were sufficient to pass the impugned orde......n one thing false in everything" cannot be a rule of practice here as that will lead to the rejection of the evidence of nearly every witness in nearly every case. Consequently Courts required to discover the core of truth and to separate the grain from Abe chaff. However if there are admixture of f......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....of the error in framing the charge as well as in examining the accused under section 342 the conviction should be set aside and the appellant acquitted of the charge brought against him. On the other hand, the learned Assistant Attorney‑General has referred to the decision reported in 28 DLR (AD) ......t from 13‑8‑71 to 18‑11‑80 that is, for more than 3 years. So, apparently, the requirements of section 222 so far the time of the alleged offence is concerned have not been complied with. Moreover, the learned Advocate for the appellant contends that in this charge the provisions of section ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....ted right of the importer could not be taken away as the Government was bound by its promise. The decision of the Supreme Court of Pakistan is not binding on us. It is merely persuasive. On the other hand, the decision of our Appellate Division is binding on us. But if the fact of that case is disti...... Result: The Rule is discharged. Cases Referred to- AI‑Samraz Enterprise Vs. Federation of Pakistan, 1986 SCMR 1917; Collector of Customs Vs. A. Hannan, 42 DLR (AD) 167; Abul Kashem Vs. Government of Bangladesh, 47 DLR 57; 42 DLR (AD) 167; Umree interprise (Pvt.) Limited Vs. Collector o......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....oner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md...... 2. The appellant as plaintiff filed Money Suit No.122 of 2002 before the learned Sub-Ordinate Judge (Now Joint District Judge) Artha Rin Adalat, Bogra against the defendant respondent praying for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till real......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....hat the learned Court below acted beyond his jurisdiction by making the impugned order. 8. Mr. Shahidul Islam, the learned Advocate in advancing his submission for the opposite party, on the other hand, was relentless in saying that the dispute was referable by all means to an Arbitrator because ......o Reported in: 15 BLT (HCD) (2007) 11. ......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
..... Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The rule is discharged. Cases Referred to- Abdus Shukur Vs. Rikab Chand, AIR 1958, 52 page 937; Guru Gobinda Basu Vs. Sankari Proshad Ghosal, AIR 1964 (SC) 254; Shamsu......sain Khan, respondent No.1, as Chairman of the দুর্নীতি দমন কমিশন has been done in violation of Article 99 and 118 of the Constitution by a Notification issued by the Government in Cabinet Division. 3. The respondent No.1 was appointed as chairman of the Durnity Da......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
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