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Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......bruary 11, 2010. Lawyers Involved: A.Q.M. Safiullah, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.954 of 2009. (From the judgment and order dated the 17th day of March, 200......fying the area of findings as to which trial Court's findings remained unrevised. The learned Advocate further submitted the judgment of the Court of Appeal below as a final Court on the points for determination and in assigning reasons for the decision in the light of observation contained in ear..Category: Property Law | Date: | Hits: 30
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94....... only because of their participation in the strike that the authority had by way of punishment passed the orders which were for all intents and purposes orders of dismissal which offended against the principle of natural justice as having been passed without any show cause notice. There is no disput.......B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the Janata Bank and were the office-bearers of the Bank Karmachari Union—the former being a member of the Executive Body and the latter being a Vice-President. The suits were ......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... (3) of the Code of Criminal Procedure with minute particularity so as to ensure that the confessing is absolutely free from the slightest tinge or taint of extraneous influence," "It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & anot......n Sessions Case No. 118 of 1981. The appellant along with 11 others was placed on trial in the said case under Section 395/397 of the Penal Code and convicted there under and sentenced to suffer R.I. for 7 years. 2. The case for the prosecution, in short, is that on 9.12.78 at about 2-30 hours at......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......i Shafiuddin J.- This Rule was issued calling upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District ......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......y connected with the main act. When the candidate or any official is discharging or professing to discharge that act, a reasonable person may assume that he could or might act in that capacity. But principle of Quo Warranto can be applied in case of a disqualified candidate who on his successful......hould not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner along with other candidates contested the election for the office of Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88. The p......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......h the assessee shall be governed by law which was in force during the relevant assessment years and not by the law which ease into force at the date of filing or disposal of the appeal. Following the principle laid down by the Privy Council in the Colonial Sugar Refining Company case and also having......me Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......ns Judge, Magura in Sessions Case No. 16 of 1999 convicting the four appellants and another co-accused under sections 385/387 of the Penal Code and sentencing them thereunder to rigorous imprisonment for 7 years and to pay a fine of Taka 1,000 each, in default, to suffer rigorous imprisonment for a ......ove its case against the accused appellants by cogent and reliable evidence and, consequently, the impugned order of conviction and sentence does not call for interference by this Court. Point for determination: The only point for determination in the appeal is whether the learned Assistant Se..Category: Criminal Law | Date: | Hits: 28
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... Instruments Act, to take cognizance in the general law and he further submits referring the case of Ali Akkas Vs. State reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16, wherein it is held that, settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......hort period but he failed to clear up the dues and lastly, he issued a cheque of Taka 50,000 only on 15-6-2000 drawn on Sonali Bank, Kallyanpur, Dhaka. The complainant produced the cheque in the Bank for encashment but it was dishonoured due to insufficiency of fund in his relevant account. Thereaft...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......acquired a right to the ‘A’ scheduled property at least to protect their session to maintain a suit within the meaning of section 42 of the Specific Relief Act and their suit is maintainable. The principle of law enunciated in the cited cases as referred to by the learned Advocate for the petiti...... Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......licence has been issued without any show cause as well as without giving a chance to the petitioner Company to produce its documents and therefore the impugned order is arbitrary and violative of the principle of natural justice. It is further submitted that the impugned order is nothing but a new d...... bonded warehouse licence No. 487/Cus-SBW/85 dated 8-9-1985 of the petitioner Company under section 13(3) of the Customs Act, 1969. 4. The petitioner Company established a Garments Factory in 1984 for producing readymade garments by mechanical and manual process and for manufacturing men’s shir......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......ntering into the campus.
11. We have considered the statements made in the affidavit-in-opposition. We have considered the provisions of Article 41 of the Constitution. We have also considered the principle laid down in the case of Golam Abbas Vs. State of UP reported in AIR 1981 (SC) 2198. It is.......
Writ Petition No. 388 of 2002.
Judgment
Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why they should not be directed to take necessary steps for peaceful entry of the petitioner and his devotees to his Dewanbagh Darbar Sharif to hold and arr......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413...
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have rema...... rules. 11. I have carefully gone through the impugned judgments passed by the learned Courts below and scrutinised the material evidence on record, both ocular and documentary. The only point for determination in the Rules for me now is to see whether the learned District Judge committed any err..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... detention. 10. As regards the pending cases, we find that a case involving a grave offence is pending. Mr. Islam has argued that in that case this Court already granted him anticipatory bail. The principle which is followed in respect of granting bail cannot apply in case of preventive detention......udgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399....... Can correct the error to do justice to the parties affected by the impugned order. 10. The learned Additional District Judge appeared to have passed the impugned order which is in accord with the principle of law because no appeal lies against the order dated 16-9-84. But the error that has been......Miscellaneous Case No. 324/80 recording the order of the High Court Division dated 7-12-83. 2. The opposite parties as plaintiffs instituted Title Suit No. 545/76 in the Court of Subordinate Judge for declaration of title, which was decreed ex parte on 29-9-80 and the present petitioner on 11-11-......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... appellants are acquitted of 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: 55 DLR (2003) 160. ......sed approver PW 3 Selim has not been corroborated by any independent witness. We have also mentioned that both the confessional statements marked Exhibits 2 and 3 are exculpatory. This is the settled principle of law that the confessional statements of any kind or nature, not to speak of exculpatory......ions Judge, First Court in-charge, Bakerganj in Sessions Case No. 120 of 1982 convicting all the five appellants under section 396 of the Penal Code and sentencing each of them to suffer imprisonment for life. Both the appeals are disposed of by this judgment. 2. Accused-appellant No. 1 Zahid Hos...... appellants are acquitted of 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: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......tion of the Government. It was, on the other hand, as necessitated for performing the function of the state as a sovereign power and arising out of statutory rules. As such respectfully following the principles enunciated in the above case, we are of the view that although relief sought for in this ......ir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce Ltd Vs. Titas Gas Transmission and Distribution Co. Ltd and another, 42 DLR 33; Shahabuddin (M......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......pany. Thus, we do not see the application of section 88 of the Code of Civil Procedure in the facts and the circumstances of these cases as argued by the learned Additional Attorney-General and the principle of law enunciated in the case referred by him. 27. Therefore, we do not find any substa......a sensational legal battle in Writ Petition being No. 5050 of 2001 filed in the manner of a Public Interest Litigation challenging the licensing agreement dated 9‑3‑1999 between the Ministry of Information and Mr. AS Mahmud, former Chairman of ETV Limited. A Division Bench of the High Court Divi......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title ......f the injunction order dated 8‑8‑2001 could be determined by inspection under Order XXXIX rule 7 of the Code is a separate question altogether, which is raised before us as the moot issue for our determination. 10. Mr. Hossain took us through the plaint and all other applications filed by the..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......are also entitled to get the benefit of doubt Therefore, to warrant conviction in a contempt proceeding allegation leveled against the contemners must be proved beyond reasonable doubt. Keeping these principles of law in mind I have weighed the materials on record and I find that in the instant case...... Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the....... 7. Perused the application, affidavit of explanation filed by the contemner opposite parties and affidavit-in-reply thereto filed by the petitioner. In this Rule the only question that calls for determination is, as to whether under the facts and circumstances of the case, the action/inaction o..Category: Banking Law | Date: | Hits: 158
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......n of the banking system of the nation in commercial and trading transactions. The issue raised is already settled in various ways in number of decisions in our jurisdiction and beyond. 41. Settled principle is that when an irrevocable letter of credit is issued/opened and confirmed by a bank, suc......C) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile Limited and others, 54 DLR (AD) 70; Tanni Knit Wear Limited vs. DGM, Sonali Bank a......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
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