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Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....e was transferred to the First Court of Additional Sessions Judge, Pabna for trial. 4. The learned Additional Sessions Judge fixed 2-1-2003 for framing charge against the accused persons, on which date, the learned Public Prosecutor filed an application under section 494 of the Code of Criminal P......e performing a routine work. 6. Mr. Munsurul Huq Chowdhury, learned Advocate, on the other hand, supports the order of the learned Additional Sessions Judge. According to the learned Advocate, the decision for withdrawal from the prosecution having been taken at the highest level of the Governmen..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....endant Shaherunnessa and Mohiuddin obtained the above Rules upon making separate revision application under section 115(1) of the Code of Civil Procedure against judgments and decrees of affirmance dated 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....m, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Rashid J.- The above Rule Nisi was obtained on behalf of the assessee against an order dated 15-5-5, (Annexure-H) passed in review by respondent No. 2 and reassessment dated 15-6-03 (Anne......l by his order dated 11-3-01 reversed the order of Appellate Joint Commissioner of Taxes and restored that of the Deputy Commissioner of Taxes dated 29-3-2000. 6. The petitioner accepted the final decision of the Taxes Appellate Tribunal and paid tax. 7. Then, the Deputy Commissioner of Taxes ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....y defendant Nos. 1 to 3 on behalf of the Dhaka City Corporation, in short, the DCC, upon making a revision application under section 115 of the Code of Civil Procedure against the judgment and decree dated 24-5-05 passed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. ......f. Upon such view, it finally found that the suit was not maintainable without declaration of title. 47. Such view of the trial Court was reversed rightly by the appellate Court, Because, the decision of the trial Court is based on no authority. Earlier, wrong record of rights could be corre..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 112 of 2008)......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....1-1995 under Article 2B(2) of the Bangladesh Citizenship (Temporary Provisions) Order, 1972 (President’s Order 149 of 1972). But since respondent No. 3 did not renounce his USA citizenship till the date of election on 12-6-1996, he became disqualified to contest the said parliamentary election and......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
.... Abul Hasnath with MGH Ruhullah, Advocates —For Opposite Party No. 1. Civil Revision No. 3901 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the Judgment and Order dated 19-10-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1 Dhaka allowing the Miscell......y the Artha Rin Adalat. 10. We have heard the learned Advocate and perused the application as well as the counter affidavit filed by the plaintiff opposite party No. 1. We have also considered the decision referred to by the learned Advocate appearing on behalf of the plaintiff opposite party No...Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....aling convict Giasuddin, Gobra @ Ensu Mondal, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecution case as set up in t......er is likelihood of his straying from evidence which clinches the issue. In the instant case the learned trial Court failed to analyse the evidence on record and this failure led him to erroneous decision occasioning failure of justice. 35. The learned trial court did not consider the defen..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....of the first party. In such circumstances there is a serious apprehension of breach of peace and a proceeding need be drawn. On the aforesaid application, the learned Upazila Magistrate by Order No.1 dated 5.11.86 directed the second party-petitioners to show cause and meanwhile directed the parti......e there being no finding as to a case of emergency, the passing of the order of attachment and appointment of receiver is illegal and the same need be quashed. The learned Advocate has also cited a decision reported in XXXVI DLR (HC) page 141 in support of his contention. 5. We have carefully p..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
.... 1985. Judgment Mustafa Kamal J. - This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause why the memo dated 4.2.85 (Annexure-R) passed by the Ministry of Works shall not be declared to have been made wi......1971 and after, has by a fiction of law been deemed to be a permanent residence in Bangladesh within he meaning of Article 2 of the President's Order No.149 of 1972. Mr. Huq has cited a number of decisions, namely, the cases of State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R. No.89 of ......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the...... in such matters would not be prohibited in making the payment because of any dispute between the buyer and the seller and in support to this contention the learned counsel has referred a number of decisions namely that reported in 33 DLR (A.D) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....flect and assurance was given to him that he would not be given back to police custody rather ho would be sent to judicial lock up. The confessional statement of appellant Dablu was recorded on the date on which he was arrested. The Magistrate being satisfied that the confessional statement was vo......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....y. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting aside an order dated 3.12.86 passed by the Subordinate Judge and Commercial Court No.1 Dhaka in Money Suit No. 287/......r in the facts and circumstances of a given case to secure ends of justice. The purpose of section 10 of the Code is to prevent Courts of concurrent jurisdiction to avoid possibility of a conflict of decisions between two Courts deciding the same dispute between the same parties and where the disput..Category: Civil Law | Date: | Hits: 88
....1.
Judgment
NK Chakravartty J.- This Rule at the instance of defendant-petitioner namely, Titas Gas Transmission and Distribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1......lls that there was a meeting called 300th Board Meeting held on 5-12-1993 and in the said meeting the rate of gas charge had been enhanced and the consumers concerned have to pay gas bills as per the decision of the said meeting. It was further told and asserted that the Oil Mills has to execute und..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....General- For the Respondents. Writ Petition No. 1791 of 1997. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Notification dated 17‑6‑1996 vide Annexure-F should not be declared to have been issued without lawful author......orted or exported goods the declared value of which is higher than its tariff value fixed under this sub‑section 7 shall be chargeable with customs duties on the basis of its declared value, In the decision cited by Mr. Ramzan Ali Sikder it has not been said explicitly that sub section (7) of se..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....rit Petition No. 3215 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi issued calling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for worke......defects, we find no other alternative but to declare the impugned notification as illegal and of no legal effect. 12. However, before we part with the case, we like to make it clear that the above decision of this court shall not preclude the Government from determining the rates of wages in acco..Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....ner. MA Samad with MGH Ruhullah, Advocates—For the Opposite Parties. Civil Revision No. 4008 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 1999 rej......of other Civil cases, specifically in view of the fact that common question of law, facts and evidence are involved in both the suits and the should be heard analogously in order to avoid conflicting decisions which may arise. 8. The opposite parties bank have filed counter-affidavit and denied t..Category: Civil Law | Date: | Hits: 73
....ill dispose of the above three Rules.
2. The Rules were obtained by defendant Nos. 1 and 2 upon making three revision applications under section 115 of the Code of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. O......he Act as well as those of section 11 of the Act. Accordingly, the plaint of the suit is liable to be rejected under Order 7 rule 11(d) of the Code.
14. In support of his submissions, he cited the decision in the case of Md. Yousuf Vs. Alhaj G P Mollah and Co., 1987 BLD 77.
15. Opposing the Ru..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistant Judge, Sadar, Bhola in Miscellaneous Case......er Order XXXIX rule 2(3) of the Code, the learned Assistant Judge was not legally authorised to pass the impugned order under section 94 of the Code. In support of his contention he has relied upon a decision held in the case of Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others reported in ..Category: Property Law | Date: | Hits: 28
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