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Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ...... Development Authority till November 24, 1964. Under the Modified Pay-scale there were three classes of employees having their same designation of "Line-helpers" and their pay scales varied according to educational qualification, experience and skill. The experienced 'Line helpers'......ed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-Record-For the appellants Civil Appeal 102 to 108 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin ......2, 1980. Result: All the appeals are allowed. Section 34 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, i..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......k officer, Jessore and in course of the transaction came into contact with the appellant, the Sub-Divisional Livestock Officer. It is alleged that the asked Keramat Ali to supply some more cattle and accordingly on 29-12-70 Keramat Ali brought 30 heads of cattle for selection. But the Sub-Divisional......hellip;…………………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) ......is to prove the truth of those statements there should be no objection in receiving then. Indeed the Privy council observed in the case of Subramoniam Vs. Public prosecutor (1) quoted in Barker's law of Evidence, 11th Editor, page 592:- "Evidence of a statement made to a witness by a person..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... Division in Criminal Revision No.150 of 2011 is set-aside. 7. The case is sent back on remand to the court of appeal below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 ......p; April 17, 2014. Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revision......2 passed by the High Court Division in Criminal Revision No.150 of 2011 is set-aside. 7. The case is sent back on remand to the court of appeal below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Cas..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying all principles of justice. The learned Assistant Sessions Judge deemed to be Additional Sessions Judge set aside ......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ................Petitioner Vs. Syeedul Haque Chowdhury...............................Respondent Judgment November 14, 1985. Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury &am......Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into the complaina..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....ase of gruesome murder but because of the time limit for trial the alleged offenders had been able to escape the trial and, therefore, this Court should direct trial of the accused in the interest of justice or at least make some observation as to the necessity of making further amendment in th......resaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period of 120 days plus 30 days and a total of 166 working days had already passed and accordingly ordered that the proceeding be stopped and the accused released under section 339C ......ion No. 47 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dha......s stated in the petition. The petition was taken up for consideration on 24.9.84. It appears that the A.P.P. submitted that there was no bar in proceeding further in the case and cited some case laws with reference to section 249 Cr.P.C. The Additional Sessions Judge, however, apparently disagr..Category: Criminal Law | Date: | Hits: 1
.... fully understood the nature of such disposition, I am inclined to hold that the learned District Judge, Naogaon did not commit any error of law resulting in erroneous decision occasioning failure of justice and as such the impugned order passed by the learned District Judge in the aforesaid Title A......her knowledge and got it registered surreptitiously using her name as an executant. She further asserts that the Hiba‑bil‑Ewaj deed was never read over to her and explained and it was not written according to her instruction. Kafiran Nessa was aged 80 years and pardanashin Muslim lady who was ex...... heirs: Md. Abdul Gofur Shah and others ……………Opposite‑Parties
Judgment
August 5, 1992.
Result:
The Rule stands discharged.
Cases Referred to-
Rokeya Khatun Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1; Siddique Ahme......enied to have executed the deed of Hiba‑bil‑Ewaj on receipt of piece of Holy Quran. Nowhere from her evidence it transpires that the disputed deed was read over or explained to her. Father‑in‑law of defendant No.1 who figures as attesting witness in the deed of Hiba‑bil‑Ewaj did not depo..
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......intaining clandestine liaison with other members of his party who are at large and started organizing the cadres of his party by giving direction etc. with the help of some corrupt jail officials and accordingly the detaining authority was satisfied that it is necessary to prevent him from acting pr......For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Petition No. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made w......o. 134 of 1977. Judgment Badrul Haider Chowdhury J.—This Rule is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follo..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....e there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the ends of justice. 5. Mr. S. M. Huq, the learned Advocate appearing on behalf of the complainant opposite...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......li—For the State. Criminal Revision No.327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Mag......ty, or with any dominion over 1 property, dishonestly misappropriates or converts to his" own use that property or dishonestly uses or disposes of that property, in violation or any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may, revise such decree or order and, make such order in the suit o......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......and others...................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. ......t Judge, or a decree has been passed by a Court of Joint District Judge, Senior Assistant Judge or Assistant Judge, from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Div..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......s. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD)......hey come and stay with defendant No.1. 10. Mr. Nurul Amin, the learned Advocate appearing on behalf of the plaintiff-opposite parties submits that the plaintiffs are entitled to maintenance as per law and that both the Courts below concurrently held that the plaintiffs are entitled to maintenance..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......s that the petitioners are guarantor of the loan granted to the borrower Sonargaon Dying process and Finishing Mills Ltd. represented by its Managing Director late Md. Akhtarazzaman Khan and as such, according to Section 6(5) of the Artha Rin Adalat Ain, 2003 the mortgaged properties of the borrower......¦..Respondents Judgment January 21, 2010. Result: The writ petition is disposed of. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Mustafa Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Petition No.5536 of 2009. Order Md. Mamtaz Uddin ......isions of Section 6(5) of the Artha Rin Adalat Ain, 2003 has passed the impugned order dated 18.06.2009 and as such the impugned auction notice is liable to be declared to have been published without lawful authority and is of no legal effect. 3. Mr. Mustafa Zaman Islam, the learned D.A.G. has fa..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......t the concurrent finding of facts arrived at by the Courts below do not suffer from any infirmity or illegality and hence do not call for interference by this Court in its revisional jurisdiction and accordingly I do not find any merit in this Rule. 11. In the result the Rule is discharged, howev......¦â€¦â€¦â€¦.Petitioner Vs. Dayal Chandra Biswas and others……………………………Opposite Parties Judgment July 11, 2010. Result: The Rule is discharged. Case Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 51. Lawyers Involved: None appears ......e parties contested the Rule by filing a counter affidavit denying the allegations made in the plaint contending that the petitioner being a minor was living with and under the care of his brother-in-law at Gopalganj and represented by a Court Guardian. As the petitioner being a minor was represente..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... which violates any provision of law. 27. While this Court appreciated the argument that a public body while passing and order touching the interest of the citizen must follow the rules of natural justice and its relevant duty to act fairly and with reasonableness as enunciated not only by the co...... persons filed objection against the preliminary voters list. The objection and the prayer was rejected on 29.08.2009 by the Election Board and ultimately final voter list was published on 30.08.2009 according to election schedule. 3. On the withdrawal day of the nomination paper on 17.09.2009, t......ary, Ministry of Commerce, Bangladesh Secretariat, Police Station-Ramna, and others…………….Respondents Judgment April 15, 2010. Result: The Rule is discharged. Cases Referred to- Ridge Vs. Baldwin, 1864 AC 40; Farid Sons Ltd. Vs. Pakistan, 13 DLR Supreme Court page 233. ......izations, appointing the respondent No.4, the Additional Deputy Commissioner(Revenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......rminal and the 3 surveyors surveyed jointly and found shortage. As such, after the calculation they found the plaintiff sustained a loss of Taka 1, 01,063.52 being the value of short delivered Tallow accordingly made claim to the defendant who made no response. As such, plaintiff filed the suit and ......¦â€¦â€¦â€¦â€¦. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to- 9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. Lawyers In......e consignment. The defendant vide letter dated 30-7-1979 repudiated the claim and stated that they are not liable for the aforesaid short delivery and, as such, the claim is not tenable in the eye of law. As the defendants are not at all willing to settle the claim of the plaintiff and since the los..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ainst the service renÂdered and for that VAT may be charged at the rate of 4.5% if any. 3. It has been further stated that petitioner's industry was incorporated under the Board of Investment and accordingly the Board of Investment on 17-4-2005 issued a certificate in favour of the petitioner in......me Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Zastat Limited…………………………..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment Jan......smissing the appeal and affirming the order dated 22-1-2007 passed by the Respondent No.2 vide Nathi No.4th VAT 12(35)/Zastat Ltd./CF:COM/06/115 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the issuance of the Rule..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
.... assessing the evidence and that the impugned Judgment is illegal and unwarranted by facts and circumstances of the case and, as such, the impugned Judgment is liable to be quashed for secure ends of justice. 12. Mrs. Rona Naharin, the learned Assistant Attorney-General for the State, on the othe......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......nal Abedin…………………………..Petitioner Vs. State…………………………Respondent Judgment May 5, 2011. Result: The Rule is discharged. Cases Referred to- SM Kamal Vs. State, 6 BLC 113; Nizam Hazari Vs. State, 53 DLR 475; SM Kamal Vs. State, 6 BLC ......sed Joynal Abedin under section 19(a) and 19(f) read with section 19A of the Arms Act, 1878 and charge was read over and explained to the accused who pleaded not guilty and claimed to be tried as per law. 6. After the closure of recording of evidence, the accused have been examined under section ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......om 2004 to 2009 by the Government itself. With these observations, this Rule is disÂposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ...... Result: The Rule is disÂposed of with observations. Lawyers Involved: AF Hasan Arif, Senior Advocate with Razik-al-Jalil, Advocate - For Petitioners. S.M. Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General - For the Respondent No.3. Writ P......r the signature of respondent No.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to be without lawful authority and are of no legal effect. 2. The petitioner No.1 is Bangladesh Indenting Agent..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......presented by the Deputy Commissioner, Jessore & another……………………………Opposite Parties Judgment February 6, 1983. Result: The rule is discharged. Cases Referred to- Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (SC) page 281; P......sional application and obtained this Rule. 3. Mr. Syed Shamsur Rahman, the learÂned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs inasmuch as the order of acquisition of the suit land is w..Category: Property Law | Date: | Hits: 19
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......saham.
In this view the contentions of the learned Advocate for the appellants appear to be without any substance. I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (......s.
Abul Hossain Mir, being dead, his heirs: Abdus Sobhan Mir & others…………………Respondent
Judgment
March 30, 1983.
Result:
This appeal is dismissed.
Cases Referred to-
17 DLR (SC) 398; 14 DLR 725; 27 DLR 589.
Lawyers Involved:
Shehabullah with Moqbul Ahme......ed the appeal.
5. Mr. Shehabullah with Mr. Moqbul Ahmed, the learned Advocate appearing on behalf of the defendant-appellants has subÂmitted that the Court of appeal below commitÂted an error of law in affirming the decree of the trial solely on the basis of entries in the C.S. Khatian inasmuch..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....ose the case after notifying all the parties preferably within 3 (three) months from the date of receipt of this Judgment and order of this Court. 30. Considering the submissions, we feel that the justice will be met if we direct the Court of Settlement to dispose of the case after notifying all ......nessa Bewa Vs. Haipatullah Sarkar & others reported in 41 DLR (AD) 105. 15. He further submits that since the petitioners have no interest over the case property, they are not aggrieved person according to Article 102 of the Constitution and as such they can not file an application for enforc......, Bangladesh Secretariat, Ramna, Dhaka and 12 others………………………………..Respondent Judgment November 17, 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215; Government of the People'......w cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant writ petition ..Category: Procedural Law | Date: | Hits: 24
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