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Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. .......1975 acres of ditch land of respondent had been requisitioned and finally acquired on 28.2.83 in LA case No.41/64‑65. The land acquisition collector assessed in all Tk. 1,10,627.74 as compensation for the land. 3. Being aggrieved by the assessment of compensation made by the LA Collector, the ......ng the market value of the land the arbitrator took four years average preceding the final acquisition. In the circumstances, Mr. Salehuzzaman, the learned Deputy Attorney‑General, submits that the determination of the compensation not being in accordance with section 7(e)(i) of the Emergency Requ..Category: Property Law | Date: | Hits: 76
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......der, cannot be pressed against such an affected party. That party would be clearly entitled to challenge the order within the prescribed time, counting the period from his knowledge." 5. The above principle is applicable in the cases where no specific bar is imposed in the statute, it may be left......‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by t......ole it was held that where a Special Law provides for limitation different from the first schedule of the Limitation Act the provision of sections 4, 9, 18 and 22 of the Limitation Act will apply for determination of the point of limitation unless those are excluded by special Law and the remaining ..Category: Criminal Law | Date: | Hits: 68
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......nt of the case Sumati Begum Vs. Refique Ullah and another delivered in Criminal Revision No.17 of 1990 (Dhaka). In the said case after elaborate discussion with regard to the provision of law and the principle laid down in different cases the learned Court observed: "The Act provides for the cust...... on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously praye......uence and pressure. We found her both physically and mentally developed and quite capable of understanding what is good and bad for her being conversant with worldly affairs. She expressed her strong determination not to go to the custody of her father. She also expressed her desire to go with her h..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......he Imperial Tobacco Company of India Ltd. Vs. CIT PLD 1958(SC) 125 CIT Vs. Express Newspapers Ltd., 40 ITR 38 and RKB Motors and Timber (P) Ltd. Vs. CIT (1968) ITR 794. The Tribunal did not apply the principle laid down in those cases on the view that the facts of those cases are distinguishable fro...... Rahman J.- This reference application under section 66(1) of the Income Tax Act, 1922 is at the instance of the Assessee-applicant. The applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal was legally ...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......h Court Division gave much stress on the acquittal of number of accused persons by the trial court disbelieving the evidence P.W.s in part and acquitted the present petitioners ignoring the settled principle that if a part of the evidence is found not believable it does not mean that the rest of e......inst the judgment and order dated 03.08.2008 passed by this Division in Criminal Appeal No.28 of 2000 allowing the appeal arising out of the judgment and order dated 03.06.2000 in Criminal Petition for Leave to Appeal No.178 of 1995 by granting leave directed against the judgment and order dated 2......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......0/109 of the Penal Code, on the ground of double jeopardy. 10. The learned Judges of the High Court Division in summary disposing under Section 561A of the Code of Criminal Procedure held that the principle of double jeopardy as contemplated under section 403 of the Code provides that an accused ...... August 12, 2009. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.131 of 2008. (From the Judgment and order dated 06.02.2008 passed by the H......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ..Category: Criminal Law | Date: | Hits: 50
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......asons for dismissal of the plaintiff. According to the plaintiff, the order of dismissal passed by defendant No. 2 under the sign4ture of defendant No. 3 is illegal, inoperative, void and against the principle of natural justice. The said dismissal was done with a motive to give a stigma to the good......n 29.2.88 should not be set aside. 2. On 28th July, 1983 plaintiff Abdul Jalil instituted Title Suit No. 301/83 in the First Court of Subordinate Judge, Dhaka, stating that he was appointed in the former East Pakistan Industries Development Corporation as a Metallurgical Engineer, Iron & Stee......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......rity or in an unlawful manner. The fact of the detention and not the date or order of the detention is the material point." 25. We are in respectful agreement With the above view and following the principle as spelt out above we have no hesitation in holding that what the High Court orders in a c....... 13 (2)91, GR Case No. 1029/91 under section 7(b) of the Special Powers Act pending in the Court of Senior Special Tribunal and Sessions Judge, Dhaka. 2. Facts in short are that the petitioner, a former Minister of the outgoing Government and Editor of the Daily Ittefaq came to know on informati......eing held in custody without lawful authority or in an unlawful manner" MH Rahman, J while agreeing with the views in the relevant portion of his judgment held thus: "The only point that calls for determination in a case of this nature is whether at the time of hearing of the petition there is a ..Category: Criminal Law | Date: | Hits: 98
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......as filed by the petitioner who is an Advocate and a citizen of Bangladesh and he was found to be competent on the reason as quoted above. The said case has no similarity with the instant case and the principle enunciated in the said case has no application to the present case.
16. In the facts an......
Badruzzaman J
Bangladesh Shangbadpatra Parishad...........................Petitioner
Vs.
The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents.
Judg......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......ed, which are not in any way affected by the provisions of section 195 or 196 or 196A or 197 or 199." 11. In the case of Pramatha Nath Vs. The State reported in AIR 1951 Calcutta 581 the following principle has been laid down in respect of cases facts of which discloses offences some requiring sa...... 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a petition of compla......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......, the learned advocate appearing for the petitioner, has submitted that the impugned order contained in the memo, Dated 19.5.87 under the signature of respondent No, 1 is in violation of the cardinal principle of law that no one should be vexed twice for the same offence and is also in contravention......istrict‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader, Advocate ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... the plaintiff by filing written statement stating, inter alia, that the suit is not maintainable against the defendant at such a belated stage, the suit is hopelessly barred by limitation and by the principle of estoppel, waiver and acquiescence, the notice dated 30.1.75 terminating the lease was s......ed by Mr. Nurun Nabi Chowdhury, Subordinate Judge, 1st Court, Dhaka, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the s......hwith and on such termination, if followed by surrender, the lessor was obliged to pay back the amount of the consideration money to the lessee. 8. In the suit the following issues were framed for determination : 1) Whether the suit is maintainable in its present form and manner? 2) Whether..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ...... writ petitioners resorted forgery in enlisting their names in the MFC stopped their salaries on the basis of the recommendation made by the Deputy Commissioner, Nature. There was no violation of the principle of natural justice in issuing the impugned order. The writ petition is liable to be dismis......e-on-Record-For the Petitioners. AF Meshbah Uddin, Senior Advocate, instructed by Taherul Islam, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8. Civil Petition for Leave to Appeal No.1003 of 2010. (From the judgment and order dated 26.1.2010 passed by the H......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ..Category: Employment/Service Law | Date: | Hits: 58
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......ough postal money order within the specified time. I do not think that the above passage, read in its context and with reference to the facts of the particular case can be regarded as laying down any principle which lends support to the contention of Mr. Bhuiyan. 10. For the reasons stated herein......so transferred the rest of the holding in favour of Al‑haj Mir Jahan, opposite party in Civil Revision No.675 of 1990. As a result the petitioner became a tenant under them. The original landlord informed the petitioner of the said transfer by a registered notice, dated 16th November, 1987 and cal......l authorities. 7. The underlying object of this provision is to enable the tenants to fall back on the evidence of tender as keep by the Rent Controller's office for the purpose of the subsequent determination of the question as to whether the tenant is a defaulter or not, should the landlord su..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......d that besides the confessional statement of the condemned prisoner there is absolutely no evidence on record so as to connect him with the commission of offence. The learned Advocate concedes to the principle of law the confession can be used against the maker for convicting him, if it is found vol...... Judgment Habibur Rahman Khan J.- This reference being Death Reference No.12 of 1987 has been made by Mr. MG Mostafa, Sessions Judge, Kushtia under section 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid K......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......nce of witnesses has to be scrutinized carefully as there may be doubt they are being motivated by enmity and hostility to involve innocent person. 34. The learned trial Court has misconceived the principle dealing with the circumstantial evidence. It appears that none of the circumstantial evide......gment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a char......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....t of Article 27 of the Constitution. 19. It has been stated that there is no bar in introducing Section 5A in the Bangladesh Telegraph and Telephone Board ordinance, 1979 and making provision for guiding the service of the officers and the employees for smooth running of the BTCL and such introd......t the petitioners were also not given a reasonable opportunity of being heard though natural justice demands that no man should be condemned unheard unless this statutes excludes the operation of the principles of natural justice and our view finds support in the decision reported in 48 DLR (AD) 20 ......s of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are as follows:- The petitioners joined the services of the Government o...... the Government or authorities does not arise at all. The petitioners and others are working in BTCL with all the existing rules and service conditions of BTTB and they shall be treated as such until determination of the service conditions of the petitioners by the Government. 28. Mr. Rokanuddin..Category: Constitutional Law | Date: | Hits: 145
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......hia Police Station Case No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the deceased, ...... the impugned judgment and order of conviction and sentence and there is no reason to interfere with the same and as such the appeal is liable to be dismissed. 7. The real question that calls for determination in this appeal is whether the impugned judgment and order of conviction and sentence i..Category: Criminal Law | Date: | Hits: 69
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......d applied for sick leave in time which was duly received by the petitioner. His absence was not unauthorised. He finally alleged that the dismissal was arbitrary, motivated and absolutely against the principle of natural justice and the order of dismissal was liable to be set aside. The petitioner a......nd to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. is a pu...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ..Category: Labour and Industrial Law | Date: | Hits: 120
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... application which instead of being moved before the District Judge under the proviso to section 153(b) of the Bangladesh Tenancy Act is moved before the High Court." In the aforesaid decision the principle laid down is that when the Subordinate Judge and the Superior Court are vested with concur......parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2 along with 2 o......e appeals when it lies to the High Court Division and there is no such restriction in filing a revision case out of the judgment and order against which appeal lies to the District Judge's Court. The determination of the point depends on the interpretation of the words" appeal lies thereto". In the ..Category: Administrative Law | Date: | Hits: 189
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