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Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ....../30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Habigonj be stayed for a period of 4(four) months from date. 4. The relevant facts of the case are as follows:- One Mst Aklima Begum, daughter df Md Ishrak Uddin of vi..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......isonment for 1(one) year more and confiscating of the respondent's property worth Taka 1,66,13,758.43 to the State. 3. These two criminal petitions for leave to appeal involving similar question of law and fact between the same parties have been heard together and are being disposed of...... two criminal petitions for leave to appeal involving similar question of law and fact between the same parties have been heard together and are being disposed of by this common judgment. 4. The facts, leading to the filing of these criminal petitions for leave to appeal, in a nutshell, are: ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ......jurisdiction of a Nikah Registrar if and when necessary in the interest of the people and here Government acted rightly and lawfully in the interest of the people. He found it difficult to answer the question as to whether there was any local demand or proposal sent to the Ministry asking for any di...... as absolute or arbitrary administrative power. They must act within the limit of law. None of their actions or decision can be as unreasonable as no reasonable man applying his mind to the attendant facts, would have taken it. This is a basic standard to be kept in view while discharging public dut..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......Judgment
Md. Abdul Wahhab Miah J. - This petition for leave to appeal has been filed by Writ Respondent No.3, the Director General, Bangladesh Standards and Testing Institution (BSTI) calling in question the judgment and order dated the 17th day of May, 2010 passed by the High Court Division in......it petition and obtained the Rule Nisi.
5. Writ-Respondent Nos.2 and 3 and added respondent No.6 contested the Rule by filing affidavit-in-opposition separately, but contending more or less same facts and raising similar question of law.
6. Writ-Respondent Nos. 2 and 3 in their affidavit-i..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....h Court Division passed in two writ petitions, registered as Writ Petition Number 4608 of 2009 and 6677 of 2011 respectively. 2. Issues and subject matters in both the petitions being identical, the Division Bench concerned took up both the petitions together for adjudication an......t lawful authority. 9. The respondent No.4 in the aforementioned Writ Petition, in his endeavour to rebut the petitioner's assertion and claim, had it to state that the property in question with a single story building on it originally belonged to Korunamoiya Das Gupta, who s......so-called promise was not ad-infmitum, but was an event bound one, which event, i.e. a permanent decision had in fact been taken on the vested property concerned. 61. Most importantly, the given facts cannot in any event constitute promissory estoppel because under the High Trees principle, whi..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..................Respondents Judgment April 30, 2014 Result: The appeal is allowed. Rejection of a Plaint— When a plaint does not disclose any cause of action only then question of rejection of a plaint would arise. A plaint with disclosure a cause of action, then......s the daylight, the suit should be buried at its inception by rejecting the plaint by invoking inherent powers of the Court. ...(43) Question of limitation being a mixed question of law and facts, should be decided at the time of trial on taking evidence.......(40) Case Referred to- ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ......is Taka 17,85,98 as shown in the Ledger Accounts Book, for reference. 13. In view of the prayer made by the petitioners under Article 104 of the Constitution, we are to decide two questions: first, whether there is any illegality in the impugned order of the High Court Division c...... prejudiced because of the direction given by this Court in the appeal. In the application, it has been stated that while giving the direction, this Court did not consider the following material facts: The serial numbers against all the mortgagors' application should be properly verifi..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Pubali Bank Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....in-reply and the relevant provisions of law. 12. In this income tax reference application we are only to decide the reformulated question (i), as the other questions are not pressed. 13. An identical legal question was raised before this Division in Income Tax Reference Application No. 229......hellip;……Applicant Vs. The Commissioner of Taxes, Taxes Zone-5, Dhaka……………Respondent Judgment April 27, 2014 Result: The questions formulated for determination answered in the negative in favour of the assessee-applicant.......nses in the profit and loss account. But it also affirmed the rejection of accounts as well as the amount allowed as the provision for bad and doubtful debts. 5. In the backdrop of the aforesaid facts and circumstances this income tax reference application (shortly, the reference application) h..Category: Fiscal/Taxation Law | Date: 27 Apr, 2014 | Hits: 6
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ...... filed by the petitioners under section 39(vi) of the Arbitration Act, 1940 against the order of the 5th Subordinate Judge passed in Title Suit No. 183 of 1995 refusing to set-aside the award in question, which is not an ordinary appeal under the Code of Civil Procedure and, therefore, the Cros......ischarging the Rule and allowing the Cross Appeal/Objection No.5/2001 filed by the plaintiff-respondent No.1 granting interest on the Award amount @ 5% from the date of Award till payment. 2.The facts, leading to this appeal, in a nutshell, are that the respondent filed an application unde..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......য়াছেন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justifi..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ision made the aforesaid finding in respect of identity of the suit land without at all considering the title of the respective parities. When the trial Court by giving elaborate findings decided the question of title, the High Court Division should have reversed those findings while concurring with......rt, Kurigram in Other Appeal No. 110 of 1989 reversing the judgment and decree dated 14-6-1989 passed by the learned Assistant Judge, Roumari, Kurigram in Other Class Suit No. 75 of 1987. 3. The facts leading to the filing of this petition for leave to appeal, in a nutshell, are: 4. T..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Ibrahim Vs. State, 2014, 43 CLC (HCD)
.... witnesses, but it stands fully corroborated by the circumstances of the case and the medical evidence on record. Its fullness and completeness are enough to justify the conviction." 12. On identical point she refers the case of Ataur Rahman Vs. State 43 DLR 87 held: "The evidenc......ity of witness whether oral and circumstantial, credibility of testimony depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles sho......ution utterly failed to bring home guilt to the accused beyond reasonable doubt…………..(52) Legal evidence in a criminal trial is the evidence of the incriminating facts and circumstances of involvement of the accused in the commission of offence inevitable pointi..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)
....e is directed to dispose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......্রম গ্রহণ এবং উহার নিষ্পত্তি এইরুপে করা যাইবে যেন section 339C বিলুপ্ত হয় নাই। 15. The question that arises in the instant case is that during pendency of the Criminal revision befor......tional Sessions Judge, Fifth Court, and Special Judge, Dhaka stands revived and the same shall proceed in accordance with law and in the light of observations made above. 25. In view of the facts, this is an old case of 1983; the learned Special Judge is directed to dispose of the cas..Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......nd proper. And pending hearing of the Rule, there was an order of injunction from promoting any junior of the petitioner in the post of Chief Engineer (PWD) for a period of 6(six) months. 2. The facts necessary for disposal of the Rule, as has been stated by the petitioner, in short, is that th..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......ecree dated 30-6-1998 passed by the then learned Subordinate Judge, Third Court, Chittagong and discharging the Rule issued in Civil Revision No.1789 of 1999 filed by the plaintiffs. 2. The facts, leading to the filing of this petition for leave to appeal, in a nutshell, are: Abdus So..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......gone through the affidavit-in-opposition submitted on behalf of respondent No.4, where it has been asserted, inter alia, that the writ petition is not maintainable as the allegations involve disputed question of fact regarding the genuineness of the academic certificate of the petitioner. His p......nsion order is passed. But she has been deprived of the subsistence allowance which she would have been entitled had she been formally suspended. Learned Advocate finally submits that considering the facts and circumstances of the case this Rule should be made absolute with a consequential relief di..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......ant, case there was no intention to undermine the dignity of the Court. Moreover, the report was not designed to interfere with the due administration of Justice. He submitted that the news report in question simply narrated the fact that Justice Faizee was one among 111 candidates who appeared......nt for one month. Contemnor No. 5 was sentenced to suffer simple imprisonment for 2 months and to pay fine of taka 1,000, in default to suffer simple imprisonment for one month more. 2. The facts relevant for disposal of the instant appeals are as follows:— The Daily 'Protho..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
....;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
......;
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 204
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Category: Constitutional Law, Employment/Service Law | Date: 9 Mar, 2014 | Hits: 3
State Vs. Arman, 2014, 43 CLC (AD)
....bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ......e grounds for believing as visualized in prohibitory part of section 497(1) of the Code. Grant or refusal of bail in respect of an offence punishable, with imprisonment for life is essentially a question of fact in each particular case and there cannot be any fixed formula for the exercise of d......bservations. A Division Bench presided over by Moyeenul Islam Chowdhury, J directed to dispose of the appeal by 20th June, 2013. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 181. ..Category: Criminal Law, Women and Children | Date: 9 Mar, 2014 | Hits: 4
Amirul Islam (Md.) Vs. Commissioner of Customs Chittagong and others, 2014, 43 CLC (HCD)
.... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ......her than the actual price. 4. In the above circumstances, the petitioner filed Writ Petition No.59 of 2012 impugning the failure on the part of the respondents to assess and release the goods in question of the petitioner in which Rule was issued and Respondent No. 1 was directed to release the...... order positively. In the result, the rule is disposed of with direction as made above. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 94 ..Category: Fiscal/Taxation Law | Date: 5 Mar, 2014 | Hits: 8
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