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Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners 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) 83. ......s required under the medical jurisprudence referred to by the learned Advocate for the appellants. Modi's Text Book on Medical Jurisprudence and Toxicology (20th Edition at page 80) sets down certain principles in question and answer forms to be applied for ascertainment whether it was a corpus of a......abibur Rahman Khan J.- This is a reference under section 374 of the Code of Criminal Procedure made by Mr. Md. Ansaruddin Sikder, Additional Sessions Judge, Chuadanga on 13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Ak......nst them. It is directed that the condemned prisoners 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) 83. ..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407....... actions caused loss to the petitioner which needs determination in accordance with law. The petitioner further stated that without determining the amount of dues filing of certificate is against the principle of justice and violative of the fundamental rights of the petitioner and prayed that pendi...... Ice Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with intere......ition before the General Certificate Officer, Comilla on 3.12.88 stating that the claim of the Bank is not correct and the Bank by their unreasonable actions caused loss to the petitioner which needs determination in accordance with law. The petitioner further stated that without determining the amo..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... as under: “In view of the aforesaid findings the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law or principle laid down in a decision relied upon by a court are no grounds for review ‘Error apparent......our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386....... "Since the principal offender was acquitted in the previous trial, no useful purpose would be served by trying the other accused who were described as abettors in the subsequent proceeding." The principle laid down in the above cited case does not exactly fit in the present case where the princ......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......ormal period of limitation is allowed to run out the applicant has to explain every day's delay beyond the period of limitation. Viewing the facts stated hereinabove in the light of the above settled principle I am unable to hold that the petitioner has been able to explain the long delay satisfacto......For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil P......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......eclaration that (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring that the plaintiff is still in service u......Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
...... interpreting the evidence adduced in the case, has erroneously affirmed the judgment and the decree passed by the court below. Besides the appellate court has also failed to appreciate and apply the principles of law decided by the Supreme Court and cited before him at the time of hearing argument.......istrict Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Executiv......LR 354; Shishir Kanti Pal & others Vs. Nur Mohammad & others reported in 54 DLR 440 and Md. Banazir Ahmed Vs. Debendra Chandra Saha & others reported in 4 BLT (AD) 150.
10. Points for determination before us is to consider as to whether, in passing the impugned judgment and decree th..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......nothing of a Criminal nature in it.” 16. In the case of P.C. Sen A.I.R. 1970 (SC) took the view that technical contempt should not give rise to any initiation of proceeding. The well established principle is that the court shall not impose a sentence for contempt of court unless it is satisfied......vice under the respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wher......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......onstitution on ceasing to hold office, the Comptroller and Auditor-General shall not be eligible for further office in the service of the Republic, and to construe the meaning of 'further office' the principle of 'ejusdem generis' is to be applied meaning thereby that on ceasing to hold office, the ......িজাখস(প্র-৩)/বা এরেক/নিয়োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 and has been continuing to hold that office as such. He is a former Comptroller and Auditor-General of Bangladesh. He held the constitutional office of the Compt......The decisive test for determining whether a person holds any office of profit under the Government is the test of appointment. It is not correct to say that the several factors which enter into the determination of this question—the appointing authority, the authority vested with power to determ..Category: Employment/Service Law | Date: | Hits: 92
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....the expenditure is not the determinant factor in a given case as each factor is not decisive and it is the totality or the cumulative effect of all facts and circumstances that would afford the prime guiding factor. If it is intrinsically a capital assets, it is immaterial whether the price for it i...... such claim for deduction was allowed and as such the Tribunal was not justified in disallowing the claim. The contention is not correct inasmuch as each assessment year is an independent one and the principle of res judicata does not apply to the assessment of taxes under Income‑Tax Act. For t...... Application No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Inco......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......s. Chandi Nath Majuinder and others, 1931 Cal 779 wherein it has been observed "The application for stay of subsequent suits, because of previous suit in its appellate stage is pending is made on the principle of section 10 CPC. Attempt should first be made in the Court below to have suit stayed and......he petitioner in Title Suit No.92 of 1983. 2. The petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ...... others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Adv......atory and a mere technical irregularity has been committed by the Court below in not complying with the direction. According to him, the addition of the parties will facilitate effective and complete determination of the controversy between the parties and as such no question of failure of justice a..Category: Procedural Law | Date: | Hits: 77
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of 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) 79. ...... all 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 Ist appellate Court inasmuch as in some places appellate Cou......by 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......ide 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: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... is palpably wrong. 37. Mr. Hossain argues that the learned Court of appeal below has not controverted the findings of facts arrived at by the trial Court while reversing the same. It is a settled principle of law that the Court of appeal below must take into consideration the findings of facts a......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ession." "An inquiry at the instance of a third party in possession is contemplated only after he is dispossessed in execution and applies under r.100 complaining of such dispossession." 5. The principle enunciated in that case was followed in Mohammad Shareef and others Vs. Bashir Ahmed and o......vil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. ......nspection and dismissed the application of the petitioners under rule 99. Against the said order the petitioners have obtained the present rule. They now contend that the decision is wrong. 4. The determination of the question depends upon the construction of Order 21, rules 35, 36 and 97‑100 o..Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......impugned order having been issued without following the procedure laid down in the law and without giving the petitioner any opportunity of being heard is violative of the relevant law as also of the principle of natural justice and is, therefore, without lawful authority and of no legal effect. He ......ihar and another, AIR 1955 Pat. 131; Kali Prosanna Roy Chowdhury Vs. State of West Bengal, 56 CWN 492; Shanton Vs. Smith, 1895 AC 229; Gould Vs. Staurt, 1896 AC 575; Venkot Rao Vs. Secretary of State for India, 64 IA 55; Mian Mohammad Hyat Vs. Province of West Pakistan, PLD 1964(SC) 321 = 16 DLR (SC......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......deration of certain provisions in chapter X of the Contract Act but the High Court Division has totally ignored them while giving relief to the writ petitioner. This chapter lays down certain general principles in wide terms about agency. Commission agents are agents within section 182 of the Cont......T. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign supplier. The writ respondent No.3 published a notice inviting tenders from the reputed Mi......etitioner acted as an agent of supplier, FNMT. Now the question is whether the Government of Bangladesh is responsible to pay the commission to the writ petitioner beyond the terms of contract. The determination of this point depends upon consideration of certain provisions in chapter X of the Con..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......nd the Company, the Court will enforce the ministerial duty if the application shows a clear right; and will not readily refuse to proceed and leave an action to be brought." 34. In my opinion the principle laid down in the aforesaid decisions is very much applicable in the facts and circumstance......h Chowdhury Kamaluddin Hossain, Advocates ‑For the Respondents. Company Matter No. 10 of 1987. Judgment Mozammel Hoque J.-This is an application under section 38 of the Companies Act, 1913 for rectification of the share register of the company respondent No.2 in respect of the shares of t......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... been made either in the Passport Order or in the Rules framed thereunder, the impugned action is violative of Article 27 of the Constitution, being discriminatory, inasmuch as, in the absence of any guiding principle as to the procedure to be followed in revoking or cancelling the passport there is......l Huq, has submitted that the passports of the petitioner have been revoked and/or cancelled without giving him an opportunity of being heard and in that the action has been taken in violation of the principle of natural justice. His further grievance is that no procedure having been made either in ......in Annexure‑C to the petition and the circular issued vide Memo No.1/93/87 dated 24.5.87, intimating all the Embassies of Bangladesh abroad about cancellation of the passports of the petitioner and for inclusion of his name in the list of the persons, who would not be given the privilege of contai......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......Leave was also granted to consider the submissions made by Mr. Nurul Amin that the learned Judges of the High Court Division erred in law in making the Rule absolute inasmuch as it is the settled principle that after framing issues including maintainability of the suit, all the issues are to be ......l by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary for disposa...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
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