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Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......e natural guardian for a minor male child above the age of seven years and that the Court passed the order of maintenance of two minor sons, who have been living with the mother violating the settled principle of law. 4. In her evidence P.W.1 Tahera Begum mentions that she married the petitioner,......case where the father, during the lifetime of the children's mother, is in the habit of taking wife, this situation may change when the question of option of the minor sons comes into play and the paramount consideration is welfare of the minor. Even if the children prefer to live with the mother du..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......also a fiscal legislation their Lordships discussing numerous decisions of the sub-continental jurisdiction observed and held that the Court-fees Act as a fiscal enactment and it is a well recognized principle of interpretation of statute that a fiscal enactment should be construed strictly and when...... VAT at the rate of 15% as per the VAT Act. The respondent No.3 further demanded from the petitioner Taka 1,06,88,560 (Taka One crore six lakh eighty eight thousand five hundred sixty) only being the amount as VAT for the period of 2004-2005 and 2005-2006 fiscal year. 10. The petitioner further s..Category: Fiscal/Taxation Law | Date: | Hits: 168
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......primary duties. Articles 20(1) envisages that work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle 'from each according to his abilities to each according to his work'. 58. Article 31 of......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......re, do not find any substance in the submissions made by Mr. S.A.M. Mahbub Elahi, the learned Advocate for the petitioners. 31. In view of our discussion made in the foregoing paragraphs and the principles laid down in the decisions repotted in 46 DLR (AD) 174, 5 MLR (AD) 290, 27 BLD (AD) 326, ......a suit being Artha Rin (Mortgage) Suit No.43 of 1996 in the Court of learned Joint District Judge and Artha Rin Adalat, Narayanganj against the defendants praying for recovery of its outstanding loan amounting to Tk. 10,81,560/- along with 20% of interest till realisation of the unpaid amount. The..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... failure, it can not fall back upon the accused. In a criminal case, it is for the prosecution to bring guilt home to the accused. 44. In approaching and answering to the points drawn up, cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted pe......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ...... by the learned Counsel for the petitioner are not correct exposition of law, however, I have gone through the decision reported in 27 DLR 72 as referred by him. I am in respectful agreement with the principles enunciated therein but the facts leading to that case is distinguishable to that of the i....... 60,000/- for payment to decree holder, but the local chairman ultimately on 17.02.2008 refused to make such payment. Thereafter on 18.02.2008 she filed the Family Execution case for her decreetal amount of Tk. 91,501/-. It is very shocking to note that the judgment debtor (husband) on the pretex..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......n, 1990 is a special law and this Ain specially provides for only two remedies against an ex-parte decree either by an application or by an appeal and in both the remedies deposit of 50% of decreetal amount is necessary but in this case the petitioner did not deposit 50% decreetal amount as such the..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......tioners purport to challenge the execution, signing and implementation of the CHT Peace Accord, which is an agreement concerning the then political situation in the CHT, and as such under the settled principles of law, this Court or any other Court shall steer clear of any interference with or any......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..Category: Constitutional Law | Date: | Hits: 314
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ...... not to correct a clerical error and is, therefore, without jurisdiction". 10. The points of law involved in the case referred to above and those of the case in hand are similar. Therefore, the principle expounded in the case referred to above fully applies in the facts and circumstances of th......nt by force and demanded Tk. 6,00,000/- for exchange of their forged land property. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatened the complainant to give them the said amount of money and withdraw the suit. Accused Md. Anwar Ali further threatened the informant that..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......he Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that he issued 7 (seven) 'account payee' crossed cheques amounting to Tk. 6,97,00,000.00 namely: 1) Cheque No.01569585 dated 30.4.2006 for Tk. 1,00,00,000..Category: Criminal Law | Date: | Hits: 138
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......he learned Advocate appearing on behalf of the petitioner, has mainly argued that the learned Labour Court in applying the provisions under sections 3 and 4 (2) of the Standing Orders Act erred in lawamounting to exercise of jurisdiction not vested in it by law inasmuch as section 3 provides that an..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......of fine imposed by the appellate Court, I am of the opinion that the appellate Court acted beyond its jurisdiction. When sentence of fine is imposed in addition to sentence of imprisonment, this will amount to enhancement of sentence. In view of the provisions of section 423(1)(bb), in an appeal for..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......t, a reference may be made to the decision in the case of Anti-Corruption Commission Vs. Mahmud Hossain reported in 61 DLR (AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..Category: Criminal Law | Date: | Hits: 99
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......irregularity or fraud. d) Upon the facts proved the Court is satisfied that the applicant has sustained substantial injury by such" irregularity or fraud. 21. In view of the above settled principle that the proceeding under Order 21 Rule 90 is a separate proceeding and not a proceeding......submitted that as per section 20 of the Artha Rin Adalat Ain, 2003 the proceeding of Miscellaneous Case No.17 of 2009 was barred. 3rdly he submitted that without making deposit of 25% of the decretal amount the proceeding under Order 21 Rule 90 was not maintainable. 4thly he submitted th..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......dent No. 3 by the impugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo dated 17.5.2009 the petitioner moved this Ho......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......e hold that there is no prima facie case in the Complaint Case No.7404 and 2008, that could implicate the instant accused-petitioner; and therefore the proceedings in the said case if continued would amount to sheer abuse of process of the Court , and as such, the said proceedings is liable to be qu..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......iction in appropriate case and can go into the fact and disturb the finding of fact, as for example, where the subordinate Courts have wrongly applied the law and procedure or not applied the correct principles relating to the appraisement of evidence or ignored the important pieces of evidence alto......etition case No.6 dated 17-6-2008 to recover the blank cheques. Simultaneously the accused wrote a letter to the Bank to stop payment because only 10% of the work was done by the complainant but more amount of bills was already withdrawn by her. 6. In view of the above facts and circumstances o..Category: Criminal Law | Date: | Hits: 99
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......f the facts, circumstances and the decision referred above, we are of the view that the prosecution failed to prove its case beyond doubt and the appellant is entitled to be acquitted at least on the principle of benefit of doubt. 31. In the result, the appeal is allowed. The Judgment and order o......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......e apprehension of the two condemned prisoners Kamal and Emdad have been withheld deliberately and this has created a serious doubt in the genuineness of the prosecution case. But it is well‑settled principle of law that the prosecution is not bound to examine each and every witness who has some kn......, that Rashid died on the spot and Safar died after treatment. During cross‑examination he stated that the name of Matin was learnt by them from the two apprehended decoits. He also stated that the amount of the bills was drawn just before the Eid holidays, there was rush in Bangladesh Bank for dr..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......act and indicating the quality of the act as being an act in the course of the conspiracy or the words written or spoken may in themselves be acts done in the course of the conspiracy. This being the principle, their Lordships think the words of section 10 must be construed in accordance with it and......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
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