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Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)
....ch at village Janna under Shaturia police station of Manikganj popularly known as Janna Branch. The defendant was the Manager of that Bank during the tenure of his office in 1982-1983 who distributed some agricultural loan to some persons on preparing a list and when the persons who received the loa......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......Mahmudul Amin Choudhury J.- This appeal has been preferred against the judgment and decree passed by the learned Artha Rin Adalat and Subordinate Judge, Manikganj in Artha Rin Suit No.34 of 1990. The trial Court dismisses the suit on contest. 2. The short fact leading to this appeal is that the a......…..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Khondker AM Mohs..Category: Civil Law | Date: | Hits: 202
.... in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......, in short, is that the petitioner is an Income Tax Practitioner and completed 50 years in his profession with highest reputation that has been acclaimed by the National Board of Revenue (hereinafter called the N.B.R). The petitioner is an assessee and has been paying taxes since beginning of his pr...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
......msul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner
Vs.
National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is dis..
Category: Fiscal/Taxation Law | Date: | Hits: 227
...., Rawalpindi 1970 PLD (SC) 1; Sabitri Takurani Vs. Savi 1921 AIR PC 80); Thakur Prasad Vs. Fakirullah, ILR 17 Allahabad 106 ; Neerala Tea Estate Vs. Government 41 DLR 90; Khapan Bittalin co-operative society Ltd. Vs. Nagendra Mahisiya Das, Supra; Sirajuddin Ahmed Vs. A.K.M. Saiful Alam, supra; Moni .......02.2004.
13. But the actual picture is otherwise. Pursuant to the advertisement published on 05.01.2004, 331 persons were appointed these were ad-hoc appointees illegally appointed against the so called vacant posts which were also created illegally i.e. without budgetary sanction and approval o......l or constitutional right has been infringed. It is meant to be a summary and swift mode of disposal of disputes and it is not designed to be procedurally intricate and remedially elaborate method of trial of suits of original civil jurisdiction. In fact its procedural simplicity and swiftness marks......obinda Chandra Tagore J. - I agree
This Case is also Reported in:
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Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....e Additional Sessions Judge, Comilla in Sessions case No.74 of 1992 of 29‑3‑94 convicting the accused appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life und also to pay a fine of Taka 1,000.00 in default, to suffer RI for one year more.......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......s also Reported in: 48 DLR (HCD) (1996) 446. ..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....for a declaration that the order of expulsion of the petitioner is illegal. 3. The case of the defendant is that on 22.6.95, the plaintiff‑petitioner got a couple of tickets to participate in Monsoon Ball night of the club, held in the premises of it. But instead of bringing his wife, he entere......y language in his reply submitted on 27th June 1995 which shows audacity of the mind of the delinquent as a member of the club. Mr. Bhuiyan also submits that the action is not illegal, malafide and uncalled for one. According to him, the provision of article 35 of the Memorandum of Articles provides......petitioner did not resign within 24 hours as was stipulated time. The executive committee then expelled him from the roll of the members of the club and hence the suit. The suit is pending before the trial Court. 4. In the suit an application was riled for temporary injunction with a prayer that ...... 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involve..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....Harirampur Union Parishad. He states that previously the Union after creation of Uttara Thana was within previous territorial constituency 184 but subsequently on application of certain interested persons the Election Commission passed the impugned order. It is stated that such delimitation created ......been seen that the action was taken on the basis of representation made to the Election Commission stating certain inconvenience and after hearing the preliminary list was published and thereafter it called for objection in compliance with section 6(3) of the Ordinance. We do not find that the or......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency 184, Dhaka‑5 and including it within territorial constituency 190, Dhaka‑ 11. 2. The petitioner is a Chairma..Category: Election Law | Date: | Hits: 271
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
.... armed with rod, chora, etc. attempted to break open the door of the informant's house and then from outside demanded subscription of Taka 50,000.00. Informant and her bhabi recognised the accused persons through the window. On the, next morning the informant went to the house of his daughter Rani. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......‘ For the State. Criminal Appeal No.2425 of 1993 with Criminal Appeal No.2527 of 1993. Judgment Md. Gholam Rabbani J.- Fifteen accused including accused Badal alias Abdul Awal were placed on trial before Santrash Mulak Aparadh Daman Tribunal, Gazipur, in Santrash Daman Tribunal Case No.11 o......ase is also Reported in: 48 DLR (HCD) (1996) 489. ..Category: Criminal Law | Date: | Hits: 81
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
.... Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y. Siddiqi Vs. Bavaqar Co. Ltd., PLD 1968 (Karachi) 231; Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lahore) 183. Lawyers Involved: Abu Taher Chowdhury - For......ppellate Court below calls for any interÂference in revision. In the result the rule is discharged withÂout any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ...... 47 rule 1 of the Code of Civil Procedure, the appeal having arisen from a proceeding u/s. 96 of the State Acquisition and Tenancy Act for pre-emption. 2. The miscellaneous case was allowed by the trial Court. The appellate Court below set aside the Judgment and order 6f the trial Court and dismi......posite Party Judgment April 7, 1982. Result: The rule is discharged. Cases Referred to- Jwala Prashad Vs. Jwala Bank Ltd. (in liquidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y. Siddiqi Vs. Bavaqar Co. Ltd., PLD 1968 (Karachi) 231; Ms..Category: Procedural Law | Date: | Hits: 119
Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)
....@ Mollah………………………………………Petitioner Vs. The State……………………………………Respondent Judgment June 25, 1982. Result: The Rule is made absolute. Lawyers Involved: Dewan A.M.S. Zaman - For the Petitioner. Md. Abdur Razaque Miah...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ......sioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sumÂmons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7.6.77 at 00-30...... Commissioner Dacca to show cause why the order dated 1.8.79 passed by Mr. Asaduzzaman, Additional Sessions Judge, Dacca issuing sumÂmons upon the accused petitioner Fazlul Huq Haider @ Mollah for standing trial as an accused in Sessions Case No.95 of 1978 should not be set aside. 2. On 7.6.77 a..Category: Criminal Law | Date: | Hits: 92
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir......ended for ever, it cannot be denied that expulsion for life from the college is the most severe punishment so as to ruin the educational career of students and, therefore great care and caution is called for in taking such a measure. Mr. Zakir Ahmed, the learned Advocate for the petitioner, fina...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. .....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... Police Station, Rangpur against this petitioner under Sections 406/420/409/ 467/471/109 of the Penal Code read with Section 5(2) of Act II of 1947 alleging, inter alia, that the informant along with some other police personnel went on duty at Mithapukur area and came to know from secret source that......we do not find any substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 B......efers to a stage of mutual condition at which the Magistrate or a Judge decide upon taking necessary steps to initiate or judicial proceeding against a person accused of an offence for placing him on trial with a view to determine the truth order or otherwise of the accusation." 11. In view of th......e Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 pending in the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposa..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....and from transferring the same to anybody in any form and manner; e) Award cost of the suit in full in their favour and against defendants; In suit, plaintiffs by an application dated 23-9-2003 sought for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure for rest......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......d 2 of the Code of Civil Procedure for restraining defendant Nos. 1-3 from changing the nature and character of the suit land and transferring the same to anybody. The application was rejected by the trial Court and affirmed in appeal by the impugned order. Hence the Rule. 3. The learned Advocate...... This Case is also Reported in: 16 BLC (HCD) (2011) 51...Category: Civil Law | Date: | Hits: 111
..........Petitioner
Vs.
Chairman & Joint Commissioner, Licensing Authority, Customs House & Others………Respondents
Judgment
February 23, 2010.
Result:
The Rule is made absolute.
Lawyers Involved:
Gazi Md. Mohsin, Advocate - For the Petitioner.
SM Moniruzzaman,......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 49.
......e dealing with the offences and penalty in accordance with the different provisions of the said Chapter principle of natural justice must be observed in the procedure of departmental or judicial, for trial of Customs offences. This principle is certainly applicable as well upon the rules framed unde......18-6-2007 (Annexure-E) passed by the respondent No.1 canceling petitioner's Clearing & Forwarding Agent's License No.143/91-ICD should not be declared to have been issued without lawful authority and is of no legal effect.
2. The background leading to the petiÂtion, in short, is that the pet..
Category: Business or Commercial Law | Date: | Hits: 656
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....as decreed on 13-12-1958 by the learned Sub-Judge, Second Court, Comilla and entered into possession through execution decree dated 21-3-1961 and since then they owned and possessed the land as successors of their predecessors without any hindrance. 4. During possession said Santosh Kumar Roy Cho...... "68. Proof of execution of document required by Law to be attested.- If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, if there be an attesting witness alive, and subject to ......and regularly paying rents in the Tahsil Office and municipal taxes in the municipality which were accepted by the relevant offices without any objection. The learned Advocate also submitted that the trial Court erred in law in disbelieving the exhibits filed by the plaintiffs without any cogent rea......is Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
.... case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......so insufficient Court fees have been paid thereon. So, the finding of the learned Subordinate Judge that the suit is hit by section 7-viiiA of the Court Fees Act appears to be correct and that of the trial Court is wrong. In that view of the matter, the present suit may, however, come within the mis......vocate—For the OpÂposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....ishment) Ordinance, 1983 to which the accused appellant pleaded not guilty and claimed to be tried. The prosecution examined in all 7 P.Ws. to bring home the above charge against the accused and he also was examined under section 342 CrPC when he again pleaded not guilty but did not examine any defe......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ...... Md. Ansar Ali J.- This is a case of wife killing on demand of dowry under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance 1983. 2. The appellant Abdus Sukur Miah was placed on trial under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and ultimately ......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....claration of title brought by the petitioner. 2. Admittedly, the suit land along with other lands belonged to Ghosal Sing and Chandra Singh each having 8 annas share. Ghosal Singh died leaving two sons Darika Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving on......n in this suit is that whether actually before the Debt Settlement Board said Girish Chandra and Sukmon made any relinquishment in favour of Darika Nath, even if so, whether on the basis of this so‑called relinquishment, the plaintiff can claim the admitted 12 annas share of Girish and Sukmon in t......at on plea of compromise the plaintiff took their signatures on some blank papers which he converted into written statements in support of his own case fraudulently beyond their knowledge. 4. The trial Court decreed the suit. On appeal by the defendant, the appellate Court has dismissed on the s......ted in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....buba Wahed………………………Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment May 24, 1989. Result: The Rule is made absolute. Cases Referred to- Lakshman Khatik Vs. State of West Bengal, 1974 IV Supreme Court Cas......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......eral—For the State. Criminal Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the petiÂtioner has challenged the legality of the detention orÂder of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de..Category: Criminal Law | Date: | Hits: 109
Abdus Satter Bhuiya Vs. Deputy Commissioner Dhaka & Others, 1988, 17 CLC (HCD)
....for the purpose of any investigaÂtion, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue summons or such officer a written order, to the persons in whose possession or power such document or thing is believed to be requiring him to attend a......nd there is nothing to interfere in this matter by this Court at this stage. The application is, therefore, rejected summariÂly. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 151. ......enever any Court or any Officer-in-Charge of a Police Station considers that the production of any document or other thing is necesÂsary or desirable for the purpose of any investigaÂtion, inquiry, trial or other proceedings under this code by or before such Court or officer, such Court may issue ......gment Mahmudul Amin Chowdhury J.- This is an application under section 561A of the Code of Criminal Procedure preferred for quashing the proÂceedings of D.A.B. Non F.I.R. Case No.717 dated 6.8.86 and D.A.B.G.R. No.76 of 1986 under secÂtion 175 of the Penal Code. 2. The petitioner's case, in ..Category: Procedural Law | Date: | Hits: 118
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
.... Abdul Ghani Khan.....................Petitioner Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40...... agreement between the former Mutwalli and the defendants for payment of rent in yearly installment and in such circumstances when the defendants paid rent in yearly instalment they could not be called defaulters. 5. Against the judgment and decree of the learned Small Cause Court Judge th......observed, must be given to establish the plea of waiver. Quite necessarily, the tenant is required to take the plea of waiver at the earlier opportunity, that is, in his pleading and at the trial where it should be raised as an issue. 17. In 40 DLR (AD) 89 the Appellate Division ......er Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk)..Category: Tenancy Law | Date: | Hits: 214
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