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State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....ereafter the people tried to open the door of the attached bathroom, when the accused opened the door they saw the head of the daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was standing with a sharp paper cuttin......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......een dealing in vegetable and grocery shop for the last 4/5 months and his shop was closed in 1999 for want of capital and earlier she lent Taka 13,000 as capital. As the accused was not returning the money on this and that plea there was hitch in between the accused and the informant and her daughte..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....n Bench in paragraph 10 of the report that- "Mere absence of a formal note as to the capability test of the child witness in the deposition sheet is not a material irregularity so as to render the whole evidence unacceptable". Again in the case of the State Vs. Badiuzzaman reported in 25 DLR page......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......tting upon a stool his father was catching fishes and that the said stool and the hurricane were in Court. He stated that he was a student of Class‑III. He also stated that his father demanded loan money from the accused and that led to a dispute. He further stated that he was 11 years old and cou..Category: Criminal Law | Date: | Hits: 106
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......ce of the petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking lease of those shops. Respondents, Dhaka City Corpo......petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking lease of those shops. Respondents, Dhaka City Corporation, th..Category: Civil Law | Date: | Hits: 117
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstrucÂtion of the sections may not necessarily be taken as approved. In the result therefore this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364....... Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella cloth. The simple c......nstrucÂtion of the sections may not necessarily be taken as approved. In the result therefore this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...Category: Civil Law | Date: | Hits: 112
....der of pre-emption was declared void.
23. In the instant case, it has been argued, the aggrieved co-sharer got proper remedy against the Revenue Officer's order by appeal. But his case is that the whole matter was manipulated after Percival's death and behind his knowledge and as such he got no o......hat the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for permisÂsion to pay the proportionate amount of the rent dues for his existing land in different Khatians. On this application an order wa...... the Respondent is not interested in those lands as he is not a co-sharer there. A Certificate Case being C.C. No.408 of 1967-68 along with other such cases was filed against Percival for recovery of money due as arrear of rent under the Public Demands Recovery Act, 1913 and this case was pending wh..
Category: Property Law | Date: | Hits: 128
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......bly he was made to sign a resignation letter over which he lodged a GD Entry on 30-11-2007 in Gulshan Police Station; that he was entitled to get termination benefit, compensation and other dues amounting to Taka 27,36,222 and for which he sent claim letter on 2-12-2007 and thereafter he was pa...... as claimed by the complainant for Taka 27,36,222 which was dues to him as termination benefit along with the compensation and other dues, and as such, it was alleged that for non payment of the said money the petitioners committed an offence under section 307 of the Labour Act, thus when the com&sh..Category: Labour and Industrial Law | Date: | Hits: 201
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....me was accordingly fixed and approved by the Zonal Officers, Customs and Excise, Chittagong for the period of 1981-1986. Thereafter, the company removed and sold its aforesaid products to the various whole-sellers and retailers throughout Bangladesh at the aforesaid approved price inclusive of excis......was not given an opportunity of being heard and the same has contravened the Rule 10 of the Salt Act, 1944 as amended by the SRO dated 30-6-86. It is also submitted that the demand for a consolidated amount of Taka 6,32,66,570.40 was a past and closed transaction and the same is not recoverable from......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......of the plot No.CES(b) CYC 284 Road No.117 from the Dhaka Improvement Trust with such terms and conditions as described in the standard lease agreement dated 17-3-61 upon payment of full consideration amount. The original lease deed is annexure B to this petition. The aforesaid Amina Khatun with a vi....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......auctioneer of ferri-ghats of Bogra Zilla Parishad and he collected Tk. 37,400/- by aucÂtioning ferries on different dates from the year 1971-1972 to 1977-1978 which was paid to the appellant but the amount had not been deposited by the appellant. 4. The Deputy Commissioner, Bogra sent this petit......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......5 incurred a liability to the extent of Taka 8,89,94,800.22 as on 30.9.1990 which they failed to liquidate despite numerous requests and reminders made by the petitioner. Having failed to realise the amount on demand the petitioner filed the Mortgage Suit in the Court of the Subordinate Judge and Fi......er‑claim being for unascertained sum cannot be entertained under the provision of Order 8 rule 6(1) of the Code of Civil Procedure which provides as follows: "Where in a suit for the recovery of money the defendant claims to set‑off against the plaintiff, demand any ascertained sum of money l..Category: Civil Law | Date: | Hits: 116
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....presentations a brief statement of the novelty he claims for this design." 18. It is our opinion that to determine the novelty and originality of the disputed design, it needs to be looked at as a whole to see whether the 'show cap' materially affects the design. The question is whether the artic...... nature and type of the design in question is attached to the petition as "Annexure‑B". 3. After the registration of the design the petitioner introduced the same in their fans and spent a large amount of money for making it popular, and as a result, it acquired tremendous goodwill and this res......d type of the design in question is attached to the petition as "Annexure‑B". 3. After the registration of the design the petitioner introduced the same in their fans and spent a large amount of money for making it popular, and as a result, it acquired tremendous goodwill and this resulted in a..Category: Intellectual Property Law | Date: | Hits: 192
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......ed a Trust Receipt, a Promissory Note, Letter of instalment and letter of disbursements undertaking to repay the plaintiff Bank’s dues with interest. The defendant’s account was overdrawn with an amount of Taka 99,030.13 on 10-9-84. The defendant sold the goods but did not liquidate the Bank’s......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......proviso to sub-section 17 of the Small Cause Courts Act further provides that in case of an application for setting aside an ex parte decree or for review the applicant, i) must either deposit the amount in Court due under the decree or judgment. ii) or give security to the Court for the amoun......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....ndency to interfere with or to obstruct due adminisÂtration of justice. This is the essence of the definition that has been given in the Civil Contempt and Criminal Contempt. In the present case the whole thing was started with the absence of Mr. Moazzem Hossain. State cases are conducted by State ......Registrar about his illness and praying for time. Mr. Moksudur Rahman could not cite any authority from any jurisdiction to say that the letter written to the Registrar or Deputy Registrar of a Court amounts to conÂtempt and the authority which has been cited by the learned Judges themselves are un......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
.... as given in Section 2(v) of the (Standing Orders) Act, of course, does not prima facie appear to include a worker who has ceased to be in emÂployment but if the provisions of section 25 are read as whole, particularly having regard to the proviso to clause (b) section 52(1), it appeÂars that when...... of section 34 can certainly be invoked for the necessary relief against such infringement, if other conditions of the said Section are fulfilled, because victimisation for trade union activities may amount to an infringement of a right guaranteed or secured by any law. But it appears to us that if ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... that the accused Manager did not take any approval, from the Head Office or Regional Officer and he, it was alleged “illegally and fraudulently and with intention to defraud the Bank, has paid the amount to the accused No.2 who is a "close friend and business partner" of the accused No.1. There i......er. The learned Counsel strenuously argued that how a businessman who in the ordinary course of business takes a loan from the Bank can be liable for criminal prosecution only because he had borrowed money from the Bank by way of over-draft facility. 7. The way in which each Bank distribuÂtes it..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... lease of 5.5 Bigha’s Land to the respondent no. 1, for 99 years. Besides shooting purposes, for about 23 years, the respondent no. 1, has been using the land for commercial purposes by renting the whole or part of the premises and since then the respondent no. 1, is paying taxes for the said busi......ease agreement with Nandan Food and Beverage for renting the said premises for period of 6 years with provision for renewal for a further period of 6 years upon mutual consent. 24. NSF will get an amount of Tk. 2,42,92,260 (Two crore forty two lacs and ninety two thousand two hundred sixty) every...... other lease agreement to which the respondent no.6 is not a party and does not have any privity. Therefore, the respondent no.6, having obtained the lease bonafide and having invested huge amount of money has acquired vested right which cannot be prejudiced. 30. As the Rule matured to hearing, M..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......xpectation that the shelter home concerned could not be closed down. The Court of Appeal relied on the test which is whether to frustrate a substantive legitimate expectation would be so unfair as to amount to an abuse of power. The House of Lords endorsed the ex-parte Coughan principle in a number ......iolation of the terms.
Before demolishing, no notice was served upon the petitioner and as such there has been gross violation of the principles of natural justice.
15. By spending huge sums of money and completing 95% work of the Monument, including its foundation and basement, the petitioner..
Category: Civil Law | Date: | Hits: 218
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ent for a term which may extend to twenty years, and shall not be less than three years] to which fine may be added. "6. Punishment of abettors- Any person who by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, co..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgÂment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......nt through treasury in the Bangladesh Bank, Dhaka. 2. All expenses involved in the registration of the sale deed shall be borne by her as the transferee. She is therefore, requested to deposit the amount of Taka 100 (Taka one hundred) only to the Head of Account mentioned above and to see the und...... their refusal/denial to mutate the property situated at Plot No.N(W)H Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be withÂ..Category: Property Law | Date: | Hits: 127
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