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Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......ned. Their evidence is also evidence within the meaning of section 3 of the Evidence Act. So, the unimpeachable evidence of the personnel can very well form the basis of conviction which is a settled principle of law. (Underlined by us) Regarding second submissions of the learned Counsels that the p......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......is the case of the appellants that although they are the owners of the land so acquired but award has not been prepared in their names, that they approached the authority on March 18, 1993 to pay the amount so assessed in respect of the acquired land but the authority directed the appellants to get ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......ontract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount to the seller who will deliver possession of the property within seven days of the conclusion..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ...... of 1972) Article 49(4) At the time of presenting an election petition with the High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount per..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... Teza Singh, AIR 1954 SC 196 which proceed on the basis that the law of contempt of Court as understood by the Courts in this country is a valid law"
We are in respectful agreement with the principle of law in India in connection with the interpretation of Article 215 and Article 19 of the......must be allowed to suffer the scrutiny and respectful even though outspoken, comments of ordinary men."
(4) A distinction must be made between a mere libel or defamation of a Judge and what amounts to a contempt of the Court.
The test in each case would be whether the impugned publica..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 6
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......d together it is to be found that no licence is required to keep a knife or whip recovered from the appellants and as such none of the appellants can be convicted under the Arms Act and following the principle laid down in 17 BLD case the accused were acquitted. 6. Admittedly one dagger (Chora) w......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......through the Postal Department upon the addressees and non‑compliance of conditions of letters of the learned (Sic) Deputy Commissioner of Taxes, Circle‑18, Zone3, Chittagong did not tantamount to nonexistence of the person/addresses and whether the Taxes Appellate Tribunal, Chitta..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ....... The defendant No.1 lives with her husband in Khulna and off and on she used to visit the village home. Subsequently, the defendant No.1 was requested on different occasions to receive the remaining amount of consideration money and to execute and register the kabala in favour of the plaintiff but ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......ions in the cases of Mahbubur Rahman Vs Divisional Election Tribunal and others in 6 BLC (AD) 45 and Mahmudul Haque (Md) vs. Md. Hedayethullah and others in 48 DLR (AD) 128 reiterate the aforesaid principle of law. Though Mr.T.H. Khan tried to make out a case that the order passed by the Returni......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......bout 8‑00 AM and took away the paddy causing injuries to Shamsad and others has no value in the eye of law unless the allegations are not proved by creditable and reliable evidence. The established principle of law is that the prosecution has to prove the case against the accused persons beyond re......ollah gave fala blow on the right side of the victim and injured him mercilessly. The other accused also gave stick blows upon the informant and his brother and injured them. The accused looted paddy amounting to Taka 5000 (five thousand) only. At the instance of the informant Shamsad and Abdus Sama..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ...... the employment of the respondents to cause harm to their career." 7. Mr. Md. Khalilur Rahman strenuously argued to find fault with the impugned judgment of the High Court Division relying on the principle enunciated in the case of Secretary, EPIDC vs M Serajul Hoque reported in 25 DLR (SC) 80 a......thereafter terminated the services of respondents No. 2-9 on 28-3-2000 under section 19(1) of the said Act with all termination benefits. The said termination orders were not a simple termination and amounts to dismissal from service. The management terminated their services to harm and damage the r..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......evidenced by Annexure-A to the writ petition, and that the petitioner after his retirement on 19‑2‑1995 submitted an application on 9‑7‑1995 for payment of his pension and 80% of the gratuity amount and said application was submitted to the respondent No.2, who, in turn, sent the same to the..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......0,000 is also illegal and without jurisdiction inasmuch as SRO No.316 dated 19‑9‑1999 is repealed by SRO No.255 dated 19‑9-2003. Therefore, the respondents have no authority to realise the same amount from the petitioner. In view of our aforesaid discussion, we find substance and force in the ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......t. Uma Uma (1) shows that 9.47 acres
out of 20.18 acres of the suit land was never declared vested property or
enlisted as vested property or was ever leased out to any one else. The
established principle of law that the plaintiff is to prove his own case and
can not get any relief on the weak...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......six crores) for the total 36 sub-projects and the petitioner's project No.26 got Tk. 10,00,000/- (ten lacs) (Annexure-B). In due course, the petitioner completed his work and the money payable to him amounted to about Tk. 30,00,000/- (thirty lacs) with excess works, whereas the Road Division, Dhaka,..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......ision regarding operation of the accounts of the company maintained with the Al-Arafa Bank by the appellant Nos. 2 and 3 was also taken (Annexures 12 and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower b...... the respondent No. 1 was subscriber of 625 shares, which is equivalent to 12.5% of the paid up capital of the company, and became one of the first directors of the company but he having not paid any amount against the above shares, no share certificates were issued in his favour against those share..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......lly a defaulter, the receipt of salami of Taka 3,00,000 on the basis of established practice in the commercial world between the parties could be taken notice of by the Court, in order to operate the principle of promissory estoppel debarring the landlord to evict the petitioner from the tenanted pr...... in the said lease deed that in case of transfer of the suit shop rooms to the third party, the defendants would pay 10% (ten percent) upon total money to the plaintiff as the possession value which, amount shall be accepted by the defendants from the third party From the above conditions of the lea..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ase referred to above, the decree was under challenge but here the decrees passed in the two suits, namely, Title Suit No.84 of 1988 and Title Suit No.5 of 1993 were not under challenge even then the principle enunciated in the case referred to above applies in the facts and circumstances of the ins......decree passed in the suit for specific performance of contract, the Government filed Title Suit No.5 of 1993 and that the plaint of that suit was rejected. He continues that since rejection of plaint amounts to decree and since the Court found that the petitioner acquired valid title in respect..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......n meted out to the petitioner by issuing the impugned order. He submits that the petitioner was neither given any prior show cause notice for any opportunity to be heard, which is in violation of the principle of natural justice. Mr. Rahman also submits that the future employment prospect of the pet......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
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