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Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......zul Islam J Sayed Nurul Hossain…….. Petitioner Vs. Secretary, Ministry of Industries.……………...Respondents Judgment June 8, 1998. Cases Referred to: Managing Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 2......েইনিং ইনসটিটিউশন প্রতিষ্ঠা ও শক্তিশালী করণ প্রকল্প।” for which the petitioner was appointed albeit without proper authority was for the period from 30-6-90 to 30-6-93 as stated in the advertisement published......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......l Islam J Md. Hassan Ameen J Shahidul…………….. Petitioner Vs. State ………………..Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs. State and another 46 DLR (AD)......1996 arising out of GR No. 441 of 1996 corresponding to Khulna PS Case No. 37 dated 27-4-1996 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner and others were placed on trial before the Court of Special Tri......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......are offences punishable under the Cruelty to Women (Deterrent Punishment) Ordinance, 1983, the trial of the present case by the learned Sessions Judge under sections 302/201 of the Penal Code was not proper and legal. Thus we are of the view that the case should have been tried by a Special Tribunal......ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
.... for obtaining Import Rotation Number as required under section 43(1) of the Customs Act, filed an application dated 21-12-85 (Annexure-E) to the Assistant Collector of Customs, enclosing therewith incomplete manifest (Nil) (Annexure-E1) in terms of Order No. 16(1) Cus/80-81/114, dated 10-2-1982 (An......KM Hasan J Md. Tafazzul Islam J Amora Holding Inc. represented by Mariners (Bangladesh) Ltd……..…………………….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......ying that the person acquitted cannot be tried again for the same offence. To that it must be added that the verdict is binding and conclusive in all subsequent proceedings between the parties to the adjudication. The maxim “Res Judicata proveritate accipiture” is no less applicable to criminal ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......16 BLC (HCD) (2011) 386. ......g 15 blocks at a time, including block Nos.3, 5, 6, 7 and 8, in relation to which letters of intent have been issued and or such other or further order or orders passed as this Court may seem fit and proper.” Facts as averred 1. The petitioners in their endeavour to portray a comprehensi......be wisely exercised, need to be weighed against one another - a balancing exercise, which judges, by their upbringing and experience are ill qualified to perform.” 61. So, to arrive at a proper adjudication on the instant case, we are required to see if the government Policy suffers from any i..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......ajhi……………………Petitioner Vs. Bangladesh……………………….Opposite Party Judgment December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marfat Ali, A......rdinance being Miscellaneous Case No.15 of 1984 before the District Judge at Dinajpur for revision of the award. On 18-05-85 the learned District Judge returned the application for filing the same in proper forum as he was not acting as an Arbitrator under the Ordinance. On the same date the said ap...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......te—For the Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case N......nal Procedure and after obtaining sanction for prosecution from the appropriate authority and on completion of the investigation submitted charge sheet against accused appellant Md. Rowshan Ali under proper sections of law. He proved the seizure list Exhibit 4 series and Exhibit 4/Ka is his signatur......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....read with section 95 A of the State Acquisition and Tenancy Act, 1950 for the sale by the deeds Exhibits 2 to 2(B) with the agreement to reconvey, ‘Ekrarnama’, Exhibit 1 must be construed to be a complete usufructuary mortgage not exceeding seven years. 14. Opposing such claim of the plaintif...... Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu S......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....ay of amendment of the plaint which is contrary to the provision of Order 22 Civil Procedure Code. If such an action is approved it will render the specific provisions for substitution under Order 22 completely nugatory and redundant. The provisions for amendment of pleading has no bearing in the ma......vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......shutosh Roy while in ownership and possession died leaving two sons— Kalipada Roy and Devi Pada Roy whose names were recorded in SA Khatian. Thereafter said Kalipada and Devi Pada sold out the suit property along with others to plaintiff by registered sale deed dated 11-8-1969 and delivered posses......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......) ……………………..Petitioner Vs. Ainunnahar……………………….Opposite Party. Judgment June 24, 1999. Case Referred to- Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 43 DLR 543. Lawyers Involved: Lucky for Mashuque Hossain Ahmed, Advocates—For th......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......tenance from the date of institution of the suit and awarded a decree of Taka 41,000.00 as maintenance and also an amount of Taka 30,000.00 in respect of dower. (c) The defendant against the above adjudication, carried an appeal being Family Appeal No. 44 of 1996 before the Family Appellate Court..Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....for hearing again on 16-5-83. There is a note dated 7-8-82 that the assessee refused to accept the notice. Be that as it may no further date for hearing was fixed after 16-5-83 nor the assessment was completed on that date. It appears that thereafter on 6-12-83 a notice under section 34(1) was issue......……………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....old storage for the storage of potatoes he prayed for loan of Taka 50 lac from the defendant-appellants Bank but only Taka 35 lac was sanctioned and paid. Since the money was not sufficient enough to complete the project the plaintiff company prayed for further loan of Taka 15 lac and the defendants...... also Reported in: 52 DLR (2000) 434. ......activities of the Bank plaintiff suffered loss or not was very much an issue in Artha Rin Adalat Case No.1 of 1991 of the Court of Subordinate Judge and Artha Rin Adalat, Munshiganj and after framing proper issue on this point the allegation of the defendants in that suit was rejected and that suit ......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....uch the scheme is compulsory. However, Mr. Aktar Imam has also referred to Exhibit-S and has submitted that under paragraph-ka of the same letter of the Ministry of Finance, the projects which were completed under the loan from Saudi Grant-II, shall not be brought under EFAS-83. Mr. Aktar Imam has...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,......there was excess realization. The whole question of excess realization was the disputed question for resolving which the parties ultimately had to come up to this Division. We do not think it will be proper to allow any amount as interest on the excess realization. So, according to us, the plaintiff......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ave to consider the submission that during the subsistence of Emergency period the High Court Division could not entertain the application for bail far less passing any ad-interim order as there is a complete bar under Rule 19(gha) of the Jaruri Khamota Bidhimala, 2007 which has curtailed the power ......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow......wish to lay down as a first proposition that it is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extraordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. The ordinary law is that a person accused of a non-ba......r of the jurisdiction there may be cases depending on the facts of each case making out a case of without jurisdiction, coram non judice or malafide and finding of the Court to that effect upon final adjudication and determination and then in those cases the bar in Rule 19(Gha) in granting bail unde..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....unction restraining said Sharijan Nessa from making any transfer. Sharijan Nessa appeared in the suit and filed a written statement admitting the agreement. In spite of her best desire, she could not complete the execution and registration of the necessary ‘Kabala’ for the order of injunction. S......D) (2001) 612. ......at sale deed dated 3-2-59 was adduced in original by the plaintiff and on 19-9-90 admitted as exhibit No.1. The deed was produced from the custody of the plaintiff and such custody must be held to be proper as he was the purchaser. Under section 90 of the Evidence Act, the trial Court was obliged to...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ...... in: 53 DLR (HCD) (2001) 608. ......ssed by the learned Subordinate Judge, 1st Court, Chittagong Sadar in Miscellaneous Case No.493 of 1990 should not set aside and or pass such other or further orders as to this Court may deem fit and proper 2. The short facts for the disposal of the Rule is as follows. 3. One Abdul Mannaf Cont......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....ns as follows: “30. Preliminary examination of Bids: 30.a.1. Preliminary examination of technical bids: The Purchaser will examine the technical bids preliminary to determine whether they are complete, whether the bidder is capable of performing the contract as per clauses 15 & 16 and th......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh......e of performing the contract as per clauses 15 & 16 and the offered goods are eligible as per clauses 15 & 17, whether required securities have been furnished, whether the documents have been properly signed and whether the bids are generally in order. 30.a.2. Bids determined as non I res...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....held: “……..the acquittal of the appellant in appeal prior to the pronouncement of the judgment by the High Court in the election petition had the result of wiping out his disqualification as completely and effectively as if it did not exist at any time including the date of the scrutiny of ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M......remedy by approaching the final Court in the hierarchy by way of appeal or revision and the leave petition to the Appellate Division in order to enable him to receive better and mature judgment after proper application of mind by the superior Court in the country. Mr. Nabi, therefore, submits that a...... 66 of the Constitution. 81. Till late 19th century, the Parliament in England itself used to decide election disputes. But by the Grenvile Act, 1868, this power was conferred on the Courts. After adjudication, the Judges used to certify their determination to the Speaker and thereafter the House..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ot represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising ...... in search of money then why other accused were hired by him. The man who could not make an appeal for want of money, how could he promise to pay so much money. 12. The retraction did not receive proper consideration from the trial Court on the grounds that the retraction was made at the time of......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ed in: 53 DLR (HCD) (2001) 552.......arned Advocate further submits that the learned Subordinate Judge considering that aspect of the matter, granted temporary injunction in favour of the petitioner and the Court of appeal below without properly considering that aspect of the matter illegally vacated the order of injunction and thereby......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
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