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Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......ibility of miscarriage of justice, conflict of decisions and misuse of time and money.” 8. In comparison to the aforesaid two decisions cited above, we are in respectful agreement with the principle expounded in the case reported in 61 DLR 386 and hold that the charge so framed in a singl......00 (one lakh only). The complainant on 5-6-2006 presented both the cheques for encashment but those were dishonoured due to insufficient fund in the account and that on repeated demands of the cheque amount, the accused-petitioner failed to make any positive response. The complainant on 12-6-2006 se..Category: Procedural Law | Date: | Hits: 114
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......ng compelled the informant gave 4 notes of 500 Taka and 30 notes of 100 Taka and the accused Dr. Rahmat Ali claimed Taka 5,000 more from the informant, and threatened her that if she did not give the amount, he would not grant the dearness allowance along with other allowances and at that time, the ..Category: Criminal Law | Date: | Hits: 87
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
...... as cost for remedial works for the damage cost to Daleshwari Bridge but they did not perform the obligation and in consequence thereof respondent Nos.1‑3 made a deduction of 10% of the security amount. The petitioner in his affidavit-in-reply stated that the concerned Executive Engineer thoug..
Category: Others | Date: | Hits: 207
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......nisations but it has not been stated anywhere in this ground to which labour organisation or to which women's organisation such funds had been supplied by the detenu. It has not also been stated what amount, in what manner, on what date and to whom such funds were supplied. We have, therefore, no he..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......xcise and VAT Cadre. 12. As part of this machination on 26-10-96 the respondent No.2 in their weekly meeting made a decision regarding the 7 officers in the following terms, “That as a matter of principle the National board of Revenue is not in favour of absorbing any officers from other Cadres......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......e of the decision of the Income-tax Officer on these matters by writ of prohibition or mandamus under Article 226 of the Indian Constitution is not available to an assessee. 11. Following the same principle, we are also of the opinion that when a Deputy Commissioner of Taxes passes an order or as......n question (assessment year 1984-1985) the assessee sold the house property at Plot 54, Block No. B. Banani Model Town, Dhaka from which he got a net gain of Tk. 11,87,536/-. Subsequently out of this amount the assessee purchased shares of Tk. 8,00,000/- from M/s. Alam Industries Ltd. for which he h..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... his Advocate. Instead of giving reply to the notices the accused came to the said house of the complainant at Chittagong on 20.02.1982 and promised to refund Tk. twenty lacs to the complainant in 20 installments with compensation or profit (Munafa) of Tk. 1,00,000/- and requested the complainant ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......in presence of witnesses paid Tk. 12,00,000/-more to the accused at complainant's house at 981, OR. Nizam Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at complainant's said house by executing a 'Chuktipatra' (agreement) on a..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
.... failure of the purchaser respondent, to comply with the condition of paying the entire advance amount within 4-11-1999 and the balance consideration money within the next 12 months, by equal monthly installments to be paid by the 4th day of every month from 4-12-1999, there was no question of handi......e is not consistent with or in accordance with the agreement. This right being a statutory right the aggrieved party can agitate the same at any time before any forum on the basis of the well settled principle "there is no estoppel against the statute". He next submits that the Arbitration Act, 2001......ection 12 contending, inter alia, that though the consideration money was fixed at Taka 3,68,00,000 but the condition of payment of Taka 50,00,000 as advance was not fully complied with as the cheque amounting to Taka 12,50,000 of Al-Baraka Bank, dated 11-8-1999 was dishonoured by the concerned bank..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......that an early arrest is expected, whereas in the former there may be no warning that a writ is to be issued or an equivalent stop taken. (2) WHEN NO PROCEEDINGS CEASE TO BE SUB JUDICE? In principle civil proceedings should remain technically pending at least until time for Appealing has ......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......efore, the superior courts of Our country always favour the view that the subjective satisfaction of the executive authority looked into objectively by the High Court Division. This is based on the principle that one may look into a thing in a way and a man of mature understanding and experience......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......relevant evidence has been substantially considered by the lower appellate Court. The appellate Judgment may not meet all reasons given in the judgment of trial Court, while setting it aside. The principles had not been followed by the 1st appellate Court inasmuch as in some places appellate Cou......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is 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: 48 DLR (HCD) (1996) 132....... 20, 1987 and the SRO prevailing at that time was binding on the party. The respondent, however, stated that, the Board of Directors of the Corporation in a meeting held on October 30, 1990 agreed on principle to raise the retirement age, of all female Cabin Crew up to 45 years and the said proposal......n passed without any lawful authority and is 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: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......the same year and that to meet the said situation there having been a circular issued by the then Government of Pakistan bearing No.1/16/69‑D11 dated 31st December, 1970 Circulating certain general principle's of seniority including the general principles of determination of seniority of officers ...... of the Executive Engineer to the petitioner No.1 and respondent Nos.4‑8 and that the current charge so given to the respondent Nos.4‑8, who as Assistant Engineer are junior to the petitioners as amounts to promotion the petition again submitted objection to the said action of the Authority but ..Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
.... the Dhaka Improvement Trust (DIT). it was further stated that the petitioner requested the then Works Minister Md. Shafiqul Ghani to consider payment of the price of the land at 12 equal half yearly installments without interest. The President illegally ordered for allotment of the land at Taka 1 c......vidence was obtained. While this proposition may not have been stated in so many words in any English case there are decisions which support it, and in their Lordships, opinion it is plainly right in principle. In Reg. V. Leathem, 2 an information for penalties under the Corrupt Practices Act, objec...... question before the Supreme Court was whether the expression approval" by the President of India on May 1961 of the action which was proposed to be taken against the appellant, Jyoti Prokash Mitter, amounts to a decision on the question about the appellant's age a Judge of the Calcutta High Court w..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......of rights by way of Mutation. Both the matters are dealt with by the Revenue Officers and regarding Mutation matter there is a provision for review to the Revenue Officer. We are of the view that the principle applicable to preparation of record of right will also be applicable to the mutation of na......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......at there is no bar to allow amendment in a proper case at the appellate stage and the rules of procedure are meant to enable the Court to do justice between parties and not to stand on their way. The principle laid down in 12 DLR 704 also supports the view I have taken above. Mr. Das, secondly, cont......urt of India in that case addressed itself in the following manner:- "................Where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts to no more than a different or additional approach to the same facts, the amendment will be ..Category: Procedural Law | Date: | Hits: 133
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......offence for which he might have been charged under the provisions of that section, he may be convicted of the offence which he is shown to have committed/although he was not charged it.” 14. The principle as enunciated in section 236 Cr.P.C. is an exception to the general rule that for every di......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
.... and scrutinised by the Municipal authority who fixed rent at Tk. 12/- per sq. ft. for 454 plots to be allotted by way of lease and the total rent in respect of each plot was to be paid in 4 (four) installments. The allottees paid only the first instalment. But owing to the institution of Writ Pet......he judgment of the Division Bench in the earlier Writ Petitions disposed of on 16.4.80, the stand taken by the Corporation, to say the least, is arrogant. He submits that the defence is barred by the principle of constructive res Judicata. 15. Mr. M. Nurullah, learned Attorney-General appearing o......session on the basis of an allotment pending finalization of their respective lease agreements. A proper deed of lease could not be finalized and executed allegedly owing to non-payment of the entire amount of premium on the part of the petitioners, but on such account the petitioners' standing on t..Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......nts required to warrant a conviction under section 302 of the Penal Code read with section 34 of the Penal Code are not present in the instant case. In support, of his contention he has relied on the principle laid down in the case of Md. Abdur Rahman Mondal Vs. State reported in 29 DLR (SC) page ......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
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