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Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ......…………………………………...Respondent Judgment November 17, 2002. Lawyers Involved: Basheratul Moula, Advocate‑For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal A......and the same was found in possession of accused-appellant. Therefore, according to learned Assistant Attorney-General the conviction and sentence were made on legal evidence on record and it does not call for any interference by this Court. 12. The contention of Mr Mowla was that the prosecution ...... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ..Category: Criminal Law | Date: | Hits: 43
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ssal is patently, illegal and without jurisdiction and the same is not binding upon the plaintiff and the impugned judgment is not suffering from any legal infirmity. This Court exercising revisional power under section 115(1) of Code of Civil Procedure has no scope to interfere with same Mr. Dutta ......science teacher of the school was zealous of the professional success of the plaintiff and was harbouring grudge against him and for the vindication he brought false allegations against the plaintiff to the effect that he had given higher marks to some of his favourite students and thereafter served......ssing the plaintiff from service does not contain the signature of the members of the Managing Committee. The learned trial Court clearly found on consideration of the evidence on record, that the so-called order of dismissal of the plaintiff was patently illegal and without jurisdiction. The learne......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... expenses, the Deputy Commissioner of Taxes was not justified calling in question the basis of deduction of Head Office expenses after lapse of 6 assessment years by reopening of the cases exercising power under section 93 of the Income Tax Ordinance, 1984. He then submitted the notices impugned are...... July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul...... Writ Petition No. 2285 of 1998 Judgment Md. Monsurul Hoque Chowdhury J.- Supplementary affidavits filed on behalf of the petitioner be made part of the record. 2. This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 22-6-1998 of the resp......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....l before law and are entitled to equal protection of law.”
We fail to understand how the equality clause of Article 27 of the Constitution is offended if a public authority exercises a statutory power, keeping himself within the guideline determined by his Superior Authority for the exercise of......
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Referred to-
Talekhal Progressive Fishermen’s Co-operative Society Ltd. vs. Bangladesh, 1981 BLD (AD) 10......til then limited to 100% export oriented industries. This has given the petitioner his cause of grievance to move this Court with the instant writ petition.
3. A Rule Nisi was issued by this Court calling upon the respondents to how cause as to why the impugned orders, the Memorandum No. 3 (1) Cu......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
..... Cognizance was taken on 17‑2-2002 by issuing warrant of arrest against the petitioner. Having felt aggrieved by the aforesaid order the petitioner approached this court by invoking the inherent power of the Court under section 561A of the Code of Criminal Procedure to have the proceedings quas......ed: Abdul Matin Khasru with M Faruque and Pankaj Kumar Kundu, Advocates‑For the Petitioner. Mahbubey Alam with Moqbul Ahmed, Advocates‑ For Opposite Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA......d, Advocates‑ For Opposite Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kotwali PS Case No.......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....olice Commissioner are annexed to the Writ petition as Annexures ‘B’ & ‘C’.
3. It is submitted that the accused persons belong to the Trade Union of Bangladesh Awami League which is in power now and accused Israfil has been the Secretary of Sramik League, Dhaka city. It is submitted t......s Involved:
Jamiruddin Sircar with AKM Shamsul Huq, Advocates—For the Petitioner.
Abdul Malek with Raquibul Hoque Miah, Advocates—For Respondent Nos. 5-34.
Md Mamtazuddin Ahmed, Deputy Attorney-General—For the Respondent Nos. 2-4.
AJ Mohammad Ali, Advocate—For the Respondent No. ......3.
Writ Petition No. 3005 of 1998.
Judgment
Mainur Reza Chowdhury J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No.2862/Solicitor/96-312/4 da......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....e compensation for the invested amount by the plaintiff himself for land development, building construction electrification, etc. But Order 41 rule 33 of the Code of Civil Procedure has given us this power to assess compensation which escaped the notice of the trial Court and acting under this provi......ected against the judgment and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA ...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75....... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...Category: Civil Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
.... was held that it was not open to the DDA to carve any space meant for a park for a nursery school. In that case it was further held that the allotment in favour of the respondent No. 2 was misuse of power and accordingly, in favour of the school the allotment letter was cancelled. He then cited the......ddin Farooque Vs. Bangladesh and others, 48 DLR 438. Lawyers Involved: MI Farooqui with Md. Ruhul Quddus, Md. Abdul Mannan Khan, Advocates‑For the Petitioner. AJ Mohammad Ali, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Peti......i, Additional Attorney‑General with Karunamoy Chakma, Assistant Attorney-General-For the Respondents. Writ Petition No. 4484 of 1996. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the revised plan, of section 12, Block‑A, Mir......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
....atable proposition. When legislature termed it so we cannot reopen the same as wisdom of the Legislature cannot be questioned by us. Legislature represents the entire community and it was the plenary power to make law subject to the limitation imposed by the Constitution. In such capacity when the l......ppellate Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
Shah Dairy Products Limited………………Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999......Rezaul Hoque, Advocate—For Respondent No.1.
Writ Petition No. 2069 of 1998.
Judgment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Shah Dairy Products Ltd., calling upon the respondents to show cause as to why imposition of supplementary duty on the import ...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....is stated that 292 candidates including the petitioners were not called for Viva-voce Examination because at the time of scrutiny their applications were found defective and it was within the express power and authority of the Public Service Commission to cancel any application at any stage, even ......thers..............Petitioners Vs. Public Service Commission and others…………..Respondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Govern...... with Zaman Akhter, Deputy Attorney-General, Rokanuddin Mahmud, Md Rabiul Alam, Advocates—For Respondent No. 5. Writ Petition No. 4546 of 2003. Judgment MM Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned actions excluding the names of the...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....the amended plaint and contending that the plaintiff was never in charge of the Cash section and there was no subordinate staffs under him and that he had no managerial, administrative or supervisory power. 7. At the trial six PWs and three DWs were examined. Besides this, both sides adduced ......ar vs. Chairman, Labour Court, Khulna 31 DLR 301; Indo-Pakistan Corporation Ltd. vs. Chairman, Labour Court 21 DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. Tofazzal Hossain and others 44 DLR (AD) 260; Managing Director, Rupali Bank......yed mainly in a managerial or administrative capacity, Under section 2(h) of this Act, any person employed in such an establishment to do 'managerial or administrative' functions falls into the class called 'employer.' In the corresponding provision of the Industrial Relations Ordinance, 1969, worke...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....endered the petitioner company a sick project. At that juncture the government vide gazette notification dated 15-6-1991 (published on 11-7-1991) Annexure 'A' to the writ petition, constituted a high powered "Cell" with the administrative heads of different ministries, and other institutions run by ......zaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Establishmen...... No. 3. Shahnawaz Akhand, Advocate—For Respondent Nos. 5 and 6. Writ Petition No. 1527 of 2001. Judgment Farah Mahbub J.- This Rule under Article 102 of the Constitution has been issued calling upon the respondents to show cause as to why they should not be directed to implement the re......ce to Article 7(2) of the Bangladesh Shilpa Rin Sangstha Ordinance, 1972 he submits that in view of the said provision of law the respondent No. 3 considered the recommendation of the "Cell" in its meeting held on 18-31993 vide Annexure 1 to the affidavit-in-opposition and extended re-scheduling..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by section 146 of the Paurashava Election Ordinance, 1977 hereinafter referred to as the O......tioner along with four others contested. He got 452 votes with the symbol of 'Machh' while opposite party No. 1 Habuluddin with 'Morog' got 475 votes. Then, opposite party No. 1, hereinafter referred to as elected member, was declared elected. Result of the election was published on 15-5-04. ......of Civil Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of th...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....he has inherited from his father Abdul Bepari. Out of .2150 acre of Plot No. 447, some lands were transferred in the name of the Mosque and only 10 decimal remained which is now possessed by him. The power of attorneys dated 3rd November, 1998 and 20th April, 1998 as produced by the plaintiff bank a......rim, Advocate (Khairul Alam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Cour......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
....t-in-Opposition has been filed in this case.
9. This Court has at the outset taken note that the crux of this case has to do with the duty to exercise discretion as is implicit in the grant of power earlier under the Nitimala and now under the Act to the respondent to consider and dispose of ......don BC ex p Kayene Lavenson [1975] QB 431, R v London CC ex p Corrie, [1918] 1 KB 68.
Lawyers involved:
Ms Sarwat Siraj, Advocate—For the Petitioner.
Shamsul Hoque, Assistant Attorney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Sy......orney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/iss......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... 14. The findings arrived at and the decisions made by the lower appellate Court do not suffer from any patent illegality or flagrant violation of law warranting interference by this Court exercising power under section 115(1) of the Code. In the light of the findings made before, I do not fi......rs………………………………………..…….. Opposite-Parties Judgment July 20, 2006. Cases Referred To- Narayanganj Paurashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak 46 DLR 295; Zakia Sul...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....ced by the plaintiff are marked Exhibits 1 to 7, while those of the defendant are marked Exhibits "Ka' to 'Jha". 9. The plaintiff filed some documents in support of her contention. The plaintiff's power of attorney dated 17-9-1999 is Exhibit 1, certified copy of the CS khatians are Exhibits 2 to ......charged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented b......kim, Abdul Sattar, Rahima, Rabiul, Anowar, Hamidul and Razzaqul Haider and he has been possessing the rest land mutating his name and paying rent to the government. 20. The pertinent question that calls for our determination is, whether the unregistered Heba deed dated 19-6-1948 and oral gift dat...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....es on the confessional statement and stated that the accused confessed voluntarily. In his cross-examination, he stated that he had been a Magistrate for 3 (three) years, but did not have First Class power and that he recorded that confessional statement on the order of the Deputy Commissioner. He s......xas, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ......finding of the Sessions Judge. 19. With regard to the merit of the case, the learned Advocate submits that there is no eyewitness to the occurrence and the only basis of the conviction is the so-called confessional statement of the accused. He points out that admittedly the confession of the ac...... who commit offences. They are not treated as criminals to be punished, but as young people with problems who can be helped to overcome these. Their whole family is involved. They all have to go to a meeting with a group of three people, known as a Panel. These are specially trained lay men and wome..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....ruct six-storied apartment building on the schedule premises; that the defendant No. 1 executed registered mortgage deed No. 11056 dated 16-7-1997 and also executed registered irrecoverable general power of attorney No. 11058 and all charge documents in favour of defendant No. 4; that the plaint......s directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Title Suit No. 23......e same was substantiated by the evidence of DW 1. The learned Counsel lastly, submits that the learned Judge of the trial Court after considering the evidence on record rightly decreed the suit which calls for no interference by this Court. 11. No one appears on behalf of the defendant-respondent......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....tice to show-cause and prayed for exoneration from the charge.
8. There is no denying that Jatio Bishshbidyaloy Parikkha Regulation, 1999 (the Regulation, in short) was made thereunder to vest all powers and responsibility in the National University to conduct all examinations fairly and properly......ination, National University, and others………..Respondents
Judgment
May 4, 2005.
Lawyers involved:
Md. Tajul Islam, Advocate—For the Petitioners
AHM Mushfiqur Rahman, Assistant Attorney-General — For the Respondents.
Md. Ruhul Amin Bhuiyan, Advocate — For Respondent Nos. ......ate — For Respondent Nos. 1 & 2.
Writ Petition No. 6228 of 2003.
Judgment
ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of the petitioners SM Hasan Faruqi and 8 others calling upon the respondents to show cause as to why the impugned order of respondent No. 1 under ......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
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