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Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....;For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK Sinha J. - This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 11-3-1999 of the learned Additional District Judge,1st Court, Dhaka in Title Appeal No. 231 of......urt, Dhaka in Title Suit No. 350 of 1995, should not be set aside. 2. The opposite parties instituted the suit seeking the following declarations: (i) “For a decree declaring that the decision regarding fixation of valuation of the structure on the basis of 1989 PWD schedule mentione..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....tter has arisen out of a small cause court suit for ejectment of monthly tenants instituted by the appellants before us against the tenant-respondents. The suit was decreed by the judgment and decree dated 8-11-1995 on the finding that the tenant-defendants I habitual defaulters in the payment of re......ion under section 25 of the Small Cause Courts Act. By the judgment and order dated 13-8-1998 a learned Single Judge of High Court Division made the Rule absolute holding, "From the findings and decision of the Court it is not clear whether the defendants defaulters or not for the period as all..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....dvocate, instructed by Sharifuddin Chaklader Advocate-on-Record——For the Respondent Civil Petition for Leave to Appeal No. 1045 of 1999. (From the Judgment and order dated 13-5-1999 passed by the High Court Division, Dhaka in Writ Petition No. 3485 of 1996). &n......dul Malek, 46 DLR (AD) 1 cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ...... claims of the parties are to be settled on the basis of accounting, the liability shall be a civil liability. When both the parties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is binding of both the parties. Any failure on the part of a part..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....Nos. 1-2. Civil Revision No.1906 of 1998. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not......efused, the defendant moved the High Court Division but the motion was summarily rejected and then Civil Appeal No. 32 of 1986 was filed in the Appellate Division. The Appellate Division in the above decision considered the case of Amjad Ali Vs. Ali Hossain and another reported in 15 CWN 353 in whic..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....under section 10(1) of the Nari-o-Shisu Nirjatan (Bishes Bidhan) Act, 1995 (Act No. XVIII of 1995) hereinafter referred to as the Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in bri......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
...." shall not be exempted from income tax. 16. The admitted position is that the applicant company obtained the benefit of tax holiday from the National Board of Revenue pursuant to the letter dated 15th December, 1988, wherein it has been stated that the applicant company has been given t......unal was right in holding that the Deputy Commissioner of Taxes was correct in taking the interest income and that the Additional Commissioner of Taxes ("AACT") was correct in upholding the said decision of the Deputy Commissioner of Taxes?" 10. In course of argument the learned adv..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....lainant in his petition of complaint against the accused-opposite party No.1. The learned Magistrate on receipt of the investigation from the officer-in-charge, Panchagarh Police Station by his order dated 7-7-1994 found the case to be triable under section 27 of the Special Power Act and forwarded ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....ule has been obtained upon an application under Article 102(2)(a)(ii) of the Constitution of the Peoples Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 3-4-1983 (Annexure C) passed by the respondent No.3 Chairman, First Labour Court, Dhaka in App......vice but mere rendering of service does not make an ‘Organisation’ or Establishment’ an Industry as defined in section 2(XIV) of the Ordinance and in this respect we can profitably refer to the decision in the case of Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & ors., Cholera..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....Aftab Hossain, Advocate-on-Record—For the Appellant.
Shamsul Haque Siddique, Advocate-on-Record—For the Respondents.
Criminal Appeal No. 29 of 1996.
(From the judgment and order dated 5-8-1996 passed by the High Court Division in Criminal Revision No.548 of 1996).
Judg......ernment decides withdrawal of a case. In the instant case no reason/ground has been assigned for the withdrawal of the case and there is no indication that materials were considered before taking the decision. When the accused persons are still absconding the discretion to withdraw the case ought no..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....r the Appellant. SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Civil Appeal No.19 of 1998. (From the judgment and order dated 19-8-97 passed by the High Court Division, Dhaka in Writ Petition No. 2192 of 1994). Ju...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....al No.822 of 1999. Judgment Mohmmad Abdul Karim J.- Criminal Appeal No. 645 of 1999 at the instance of appellants (1) Parveen and (2) Astima Khatoon alias Minu is directed against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhaka, in ......uble jeopardy as recognised in section 26 of the General Clauses Act, 1897, prohibits trial and punishment twice on the same facts. 5. The learned Advocate for the appellants has referred to the decision in the case of Masirali and others Vs. Abdul Mamith, 8 DLR 634 and the decision in the case..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....Datta came forward to be added as petitioner No.2. As the petition was claimed to be in the nature of public interest litigation the petitioner was allowed to be added as petitioner No. 2 by an order dated 22-6-98. Similarly, on the application filed by Dilip Pal Chowdhury, the father of the victim ......s that the existing law places the judge in a position of loco parentis of the victim girl, this responsibility should not be shifted or delegated to the jail custody. By referring to certain English decisions the learned Advocate argues that having regard to the reality that with passing of time a ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....1998). Md. Aftab Hossain, Advocate-on-Record — For the Respondents (In Criminal Appeal No. 20 of 1998). Criminal Appeal No. 19 of 1998. (From the judgment and order dated May 27, 1998 passed by the High Court Division, Dhaka in Criminal Miscellaneous Case No. 3150......pplication for bail, pre-arrest or otherwise, without moving the Court of Sessions at the first instance. 11. The learned Attorney-General has based his submissions relying mainly on four decisions which he has exhaustively placed before us. They are: Crown vs. Khushi Muhammad, 5 DLR (F..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....o why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (Annexure-B). 2. Learned Advocate for the petitioner, after placing the petition ......espondents to show cause as to why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision contained in letter dated 19-6-97 (Annexure-B). 2. Learned Advocate for the petitioner..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....yan, Additional Attorney-General with him), instructed, by Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 14 of 1991. (From the judgment and order dated 10 February, 1991 passed by the High Court Division Dhaka in Criminal Revision No. 142 of 1991......ze of the bore of the pistols. The question whether the seized arms satisfy the requirements for an exemption, as laid down in Table 1 of Schedule 1 to the Arms Rules, 1924, should better be left for decision to the trial judge who will have the benefit of the opinion of the arms expert, cited as a ..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ed 4 P.Ws. including herself and the defendant-appellant examined 3 DWs including himself and both sides produced a good number of papers and documents. 6. The Family Court by judgment and order dated 30-10-90 decreed the suit for Taka 89,000.00, including Taka 3,000.00 to plaintiff No.1 as mai......sion against the judgment and decree passed by the learned District Judge and its jurisdiction was to see if there was any error of law committed by the Subordinate Court resulting in an error in the decision occasioning failure of justice. The error of law must have to be found within the framework..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....0.00 for going abroad but the father of the deceased was unable to pay the amount and then at the intervention of some well-wishers Sahara was back to her husband’s house about one month before the date of occurrence. On 13-7-89 at about 8-00/9-00 PM the accused persons assaulted Sahara and ultima......out that only two minor injuries were found by the doctor. From this, she argued that the offence was at best an offence under section 304 of the Penal Code. 7. On the above question there is no decision of the Tribunal. However, we have found that the death was not suicide and was caused not f..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed without la...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
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Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....ved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the p......in an appropriate forum, if so advised, but they are not certainly entitled to get a remedy under section 151 of the Code of Civil Procedure to rectify substantive mistakes affecting the merit of the decision. Section 151 of the Code of Civil Procedure is no doubt a special preserve of the Court for..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
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