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Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....পারে। 10. In the suit plaintiff examined herself as P.W.1 who support the plaint case. 11. P.W.2 Md. Nasim Ali an old man of 71 years, was present when the accident took place; at the relevant time, he was a member of Workers Party. 12. P.W.3 Md. Mostafa Kamal is a shop keeper in ...... increments in each year, as such, at the time of retirement, deceased would get Taka 10,000 per month as salary. At the same time, he also earned some more money by subscribing articles in different papers, magazines, periodicals, weeklies etc. as such for 13 years i.e. upto 57 years, he would get ...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......R (AD) 127. Learned Advocate further submits that, as regard claim made by the plaintiffs there is no basis for the claim made under head 2, 3 and 5 as these claims are totally without any supporting documents. Learned Advocate on this score relied on the decision of Smt. Kamla Devi Vs. Kishanchand ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....hen on the matter of service of summons Court is to take recourse of procedure of Rule 20 of Order V of the Code of Civil Procedure. In original case, which we have brought by special messenger as it relevant for disposal of this rule, order No.5 dated 4-6-2002, the case was filed on 11-2-2002, runs......monthly installment of Taka 5,571,65 for constructing a house. Defendant No.1 mortgaged the suit property with this defendant and handover original deed No.5060 and 6075 dated 6-10-79 with some other papers to this defendant. Defendant No.1 on 19-7-1986 applied to this defendant for second charge wi...... is also Reported in: 62 DLR (HCD) (2010) 474. ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
....matter the petitioner moved this Division and obtained the Present Rule.
6. Mr. ARM Quiyum Khan, the learned Counsel appearing on behalf of the petitioner after taking us with the petition and the relevant papers annexed with it firstly, submits that the VAT authority illegally realized Taka 19,3......e petitioner moved this Division and obtained the Present Rule.
6. Mr. ARM Quiyum Khan, the learned Counsel appearing on behalf of the petitioner after taking us with the petition and the relevant papers annexed with it firstly, submits that the VAT authority illegally realized Taka 19,30,521.72 ......ision
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
SM Emdadul Hoque J
Trading Corporation of Bangladesh…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents
Judgment
July 18, 2010.
Result:......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....ion remain the unregulated operations of commercial activities often leading to destruction of precious ecosystems and natural resources. In the absence of proper monitoring and implementation of the relevant laws by the concerned regulatory agencies, such unregulated operations start and continue i...... the Fazilpur Sand Quarry is Annexure-B which provides that the lease holder of a sand quarry shall extract sand only from the area of the quarry. 6. It is further stated that since 2005, some newspapers have been reporting (the reported, Annexure-C series) about the indiscriminate and illegal ex...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......iver side areas exposed to erosion. 7. At the request of the local people for legal assistance, the petitioner organization undertook necessary field investigation, collected and analyzed relevant documents and being satisfied as to the illegality and risks of such unregulated sand mining, served..Category: Environmental Law | Date: | Hits: 1019
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....power in granting bail, but in considering a petition for bail under section 498 Cr.P.C., the guidelines as given in section 497 of the Code of Criminal Procedure should be kept in view. 12. The relevant portion of section 497(1) Cr.P.C. reads as follows:— "497. (1) When any person accused......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......20B/34 of the Penal Code pending in the Court of the learned Sessions Judge, Khulna. 2. The short facts leading to the case are as follows:- That one Khojeda Begum, wife of late Azizur Rahman and mother of the victim lodged, a First Information Report with the Daulatpur Police Station at a......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....ot occasioned any failure of justice. In support of their respective contentions the learned Advocates for both sides cited decisions. Before glancing at them it will be profitable to examine the relevant rules in respect of impleading defendant in a suit. 9. To begin with, I may quote Order ......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... submits that the decision of the Appellate Tribunal need be reconsidered as the member has failed to assess a fair and reasonable compensation in accordance with section 8 of the Ordinance and the relevant materials on record. 8. At the outset we will consider as to whether a revision under se......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....y Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of 1978, reversing those passed by Mr. Abdul Jalil, Subordinate Judge, Khulna in Title Suit No. 440 of 1974. 2. The relevant facts of the case are that the petitioner Eshanul Hoque was appointed as a Probationary......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application under section 115 of the Code of Civil Procedure is directed against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of......ourt." 8. In the present case, in paragraphs 7 and 8 of the plaint, it is alleged that the plaintiff was not afforded opportunities for cross-examination of the P.Ws. and to examine the relevant documents on the basis of which he was found guilty. Paragraphs 7 and 8 of the plaint runs as follow..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....stigation by the Police and submission of further report or reports, it was always held in judicial decisions that Rule 277(a) of the Police Regulations, 1943 (read with section 173 Cr.P.C. and the relevant provisions such as section 14(1) of the General Clauses Act, 1897) validly provides that ......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Bangladesh and accused Shah Alam Chowdh......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....also prepared sketch map of the place of occurrence, examined witnesses and thereafter on receipt of the post mortem report, submitted charge-sheet against condemned prisoners who were shown in the relevant column of charge-sheet as absconding. 3. Informant's uncle Sheer Mahmud was assaulted ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the confirmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code.......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89....... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......86. ......ainapatra and that the Bainapatra is a forged one. The trial Court found that the signature of defendant No.1 as appeared in the Bainapatra was similar to signature in the written statement and other documents which were before the Court. Further, that Court found that there was agreement to sell ..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....bul Fattah, Magistrate, 1st class, was examined by the prosecution as P.W.8 who recorded the confessional statement of accused Shahajahan Mizi on 18‑11‑2000. He stated in his evidence that at the relevant time he was a Magistrate 1st Class at Chandpur and recorded the confession of the accused S......tion he submitted charge-sheet by implicating the accused-appellant falsely. 30. Now lot us weigh and scrutinise the evidence on record and the exhibits and the other circumstances and connected papers. 31. It appears from the evidence of P.W.1, ASI Ainul Hoque that after receiving an inform...... Deputy Attorney-General—For the Respondent. Criminal Jail Appeal No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
....issued inadvertently in respect of the gas connection of the unit bearing customer No.3380002 and that it will not be acted upon, Annexure P1 is the impugned order and we are concerned with it. The relevant portion of Annexure 'P-1' runs as follows:
“সূত্রঃ বিক্রয়ঃ .......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......ecial Original Jurisdiction)
Present:
Abdul Matin Khan Chowdhury J
Naimuddun Ahmed J
Conforce Limited, a Limited Liability Company………...Petitioner
Vs.
Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Company & another……………….R.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
..
Category: Others | Date: | Hits: 227
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....he application under section 115(1) C.P.C. being premature the Rule is liable to be set aside. 5. For better understanding of the contentions of the learned Advocate it is necessary to examine the relevant provision of the Ordinance vesting the jurisdiction to the District Judge to entertain appe......Vs. Selimuzzaman, 7 BLD 114 also supports the view. I have been taken through the decision which was given on an interlocutory order passed by the Election Tribunal regarding recounting of ballot papers by the Tribunal. In the instant case before me the learned District Judge also committed an...... by filing written objection refuting the allegations made by the petitioner. The opposite party also made certain allegations of corruption, etc. practised during the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the allegat......peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..Category: Election Law | Date: | Hits: 194
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....eal preferred from the decision of the Election Tribunal constituted under the provision of the said Ordinance to the Court of Additional District Judge or Subordinate Judge for disposal? 2. Facts relevant to answer the question are that the petitioner was elected a Chairman of the Local Union ......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State of Punjab and another 1956 (SC) 391. Lawy......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......e Mr. M. R. Khan, the learned Advocate appeared for the State. The learned Advocate for the petitioner having taken me through the impugned judgment and the order of conviction and sentence and the papers on records, submitted, that in the instant case, the trial having taken place in absentia wit......te-For the State. Criminal Revision No.425 of 1986. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under sections 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, date......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
.... not contain any ouster clause by language of the enactment yet the jurisdiction of the Civil Court by implication has been ousted. The contention raised by the learned Advocate leads me to examine relevant provision of the Ordinance which are section 6, section 7, section 8 and section 10. Sect......ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......
This Case is also Reported in: 42 DLR (1990) 13.
......ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
..
Category: Labour and Industrial Law | Date: | Hits: 178
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... Hoque J Amirul Kabir J Crescent Jute Mills Company Ltd. represented by the General Manager (formerly Dty. General Manager)...........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The R......ises the Labour Court to decide the complaint after giving notice and hearing to the parties. To give the decision Labour Court is required to go into the merit of the case by examining witnesses and documents. The question is whether Labour Court can dismiss a case for default for non‑appearance ..Category: Labour and Industrial Law | Date: | Hits: 177
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....nd sentenced for Sayeed's murder solely on the basis of Moksed's confessional statement. She satisfactorily argues that this in turn raises the status of such confession from that of one of several relevant factors to be relied upon to substantiate such conviction to that of the sole evidence no......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ....... ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
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