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State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......udes sub section (f) and also the related supplementary section 19A of the Arms Act 1878. Unless such a determination is made by the trial court, this court holds that any contravention of such vital principle of trial shall definitely, vitiate the trial." The learned Judges further noticed "The pet......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......on loss ... Tk. 2,294.61 iii) Quality loss at Mills ... Tk. 64,440.00 iv) Value of short receipt and quality ... Tk. 66,945.92. 3. In the aforesaid manner the defendant caused a total loss amounting to Tk. 1,56,569.38 only to the plaintiff Mills while working at the Tarail Jute Purchase A..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......d as parties in the suit." 7. To the same effect is the decision in Ujjal Hossain and others Vs. Firoja Khatun & others, 41 DLR(HD) 481. 8. Judging the facts of the case in the light of the principle enunciated in the abovementioned cases I am of the opinion that the learned Subordinate Ju......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
.... building, factory, etc. of the said Company situated and delivered possession to the petitioner. According to the terms of the said agreement, the petitioner was to pay Tk. 69 lacs in 9 equal annual installments on execution of the said agreement. After execution of the aforesaid agreement the peti......or etc. and in pursuance of the policy the lease of the petitioner was not renewed. The court held, on facts of that case, that although they did not pay the full amount of fee and premium but on the principle of equitable estoppel the Government was resisted to act against the interest of 1he petit......eed within 3 months from the payment of the last installment and the petitioner was always ready and willing to pay the balance Tk.8,91,479.00 as soon as Ministry of Industry is willing to accept the amount and is able to execute and register the sale deed. But the Government took no step for execut..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ants then submits that the learned trial Court erroneously passed the order of conviction and sentence against the appellants relying on certain circumstances without considering that the fundamental principle of Criminal Jurisprudence is that circumstantial evidence should inevitably be to the conc......stated about obtaining a decree for Tk. 20,000.00 in the case instituted by his father against Reazuddin, then said that his father obtained a decree from the Union Parishad for Tk. 2,000.00 but that amount was not paid by Nawshad. He stated in his deposition that on the date of occurrence Majid cam..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......eed under Order 12, rule 6 of the Code of Civil Procedure and pass a judgment upon such admission. 18. In the case of Wazedunnessa Khatun Vs. Daliluddin and others, reported in 25 DLR 418 the same principle was reiterated to the effect that admission of the defendant must be positive, clear and u......ff is now making a claim to be paid at the rate of Tk. 30.00 and Bangladesh Agricultural Development Corporation is to pay the defendants Bill of Tk. 21 lacs including the deposit of Tk. 2 lacs which amount is much greater sum than the claim of the plaintiff and hence the order of attachment before ..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......ile the instant suit. 4. The government contested the suit by filing written statement denying the material allegation stated in the plaint that the suit is barred by limitation and also barred by principle of estoppel, acquiescence and waiver and that the suit is not maintainable and the suit is......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......epartment and to collect his dues. Accordingly, the accounts department paid him an account payee cheque for Taka 56,791. On receipt of the aforesaid cheque he found that he was not paid the gratuity amount of Taka 49,193 as per the gratuity rule of the company i.e. respondent No.3. Then the petitio..Category: Labour and Industrial Law | Date: | Hits: 161
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... up the cases for hearing and disposed of the cases ex-parte which has made the Trade Mark Application No.1 of 2001 pending before the High Court Division infructuous and this action of the contemner amounts to Contempt of Court. 6. Being aggrieved by and dissatisfied with this judgment and order..Category: Intellectual Property Law | Date: | Hits: 270
....ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......tion under Article 102(2) of the Constitution (which corresponds to Article 98(2) of 1962 Constitution) if there is a non-relaxable pre-condition for bringing the appeal.”
18. In support of the principle enunciated in the above noted cases, Mr. Khan the learned Advocate further referred the to......re loan liabilities. But they failed to repay the loan. So the plaintiff Bank filed Artha Rin Suit No.182 of 2006 in the court of Subordinate Judge and Artha Rin Adalat No.2, Dhaka for recovery of an amount of Tk.5, 90, 40,000/- with interest. Subsequently, the suit was transferred to the 4th Artha ..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... prior or after the statement of accused Ashraf before the Magistrate. He along with 15/20 others apprehended Ashraf and thereafter Ashraf was taken to the college field. Matinur Rahman was there but principle, Azizur Rahman, Abdul Jabber and Ferdosi Begum were not there. He told the said fact to Da...... was taken to Madh Nagar college field and there Ashraf confessed that he was involved with the killing of Maju Mridha. Ashraf also disclosed that Hasanuzzaman gave Tk.20,000/- to Ataur and from that amount Ataur give him Tk. 5,000/- and at the time of committing murder Raja, Ataur, Shimul and Ripon..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......search." "The learned Advocate also referred the case of Muhammad Khan Vs. Dost Muhammad and 17 others, reported in 1975 PLD (SC) 607, 609. Though the facts of the case are quite different but the principles laid down therein by their Lordships that "Provisions of section 103 CrPC no doubt mandat......rsonnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel almirah and also 2..Category: Criminal Law | Date: | Hits: 75
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ersons after acceptance of final report is permissible. Therefore, the High Court Division erred in law in quashing the proceedings arising out of the second FIR. He also submits that it is a settled principle of law that a proceeding cannot be quashed under section 561A of the Code of Criminal Proc...... to the accused-petitioner and other claimants, through the accused-petitioner. Five registers for the years 1407-1411 B.S. had been seized as alamots containing description of the gold ornaments and amount of money payable by the clients giving details of the 46 persons who applied for return of th..Category: Criminal Law | Date: | Hits: 83
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......(i) the pre-emption case is hopelessly barred by law of limitation inasmuch as the pre-emptor had the knowledge of the sale from the very beginning of the sale, (ii) the pre-emption case is barred by principle of estoppels, waiver and acquiescence and (iii) the case is also bad for defect of parties......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......4,000.00 and income from house property under section 9(2) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed the total income at Tk. 32,700.00 and assessed income‑tax on that amount for both the years. 3. The assessee against the orders of the Assistant Commissioner of Ta..Category: Fiscal/Taxation Law | Date: | Hits: 98
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......edecessors were not parties to the suit in which the judgment, Exhibit-(M-2) was passed and as such, the said judgment cannot operate as res judicata. Section 44 of the Evidence Act provides that the principle of res judicata will not be attracted when it is proved that the earlier judgment was obta......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... is not final and it may be rectified at any time by the authority if improper withdrawal is detected later on. This undertaking disentitled the writ petitioner from claiming his higher salary by the principles of promissory estoppel since he had enjoyed the higher scale which he was not legally ent......to the Director General and accordingly, the higher scale was given to the writ petitioner and that he proposed for deducting Tk.65,200/- from the benefits of the writ petitioner which was the excess amount he had withdrawn illegally. It further appeared from the affidavit filed on 9th February, 200..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......hat the impugned notification under Article 3 of PO 149 of 1972 having been made without giving any opportunity to the petitioner to explain his position the same was bad in law being contrary to the principle of natural justice. The learned Advocate has further contended that Article 3 of PO 149 of...... was bad in law being contrary to the principle of natural justice. The learned Advocate has further contended that Article 3 of PO 149 of 1972 having conferred uncontrolled and unfettered discretion amounting to discrimination the said Article is violative of Articles 27 and 31 of the Constitution ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......ere the facts are so preposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of criminal proceedings against an accused person may amount to an abuse of the process of the Court or when the quashing of the impugned proceedings woul..Category: Criminal Law | Date: | Hits: 103
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......hittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter where the prop rights of the ci......n precedent. It cannot be whittled down by any device. It cannot be even accepted that an acquisition proceeding may be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter wher..Category: Property Law | Date: | Hits: 104
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