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Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......enidah allowing an application for addition of parties. 2. The petitioner as plaintiff instituted Title Suit No.16 of 1081 for declaration that the petitioner is the successor of the defunct Baichitola Islamia Junior Madrasha and for declaration of Title to the Suit land appended to the plaint, i......e opposite parties as appellants under Order 1 rule 10 of the Code by the impugned order dated 22-2-95. Being aggrieved by the aforesaid order the petitioners preferred this revisional application to call in question the legality and propriety of the aforesaid order passed by learned appellate Court......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...Category: Property Law | Date: | Hits: 55
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....¦â€¦â€¦..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him rega......¦..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding ......led an application to the learned Additional Chief Judicial Magistrate, Brahmanbaria for taking of jimmy of the seized taxi cab in his favour with a promise to resubmit the same before the Court when called for to check total damage to the cab and the learned Magistrate in his order dated 10-7-2008 ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... The Rule is discharged. Lawyers involved: Jamil Akhter Elahi, Advocate (in person)- petitioner. AKM Nazrul Islam with Ali Mustafa Khan and Md. Al-Mamun Advocates - For the Respondent Nos.2 to 4. Writ Petition No.4071 of 2009. Judgment ABM Khairul Haque J.- This is an application ......t by its order dated 4-6-2009, issued a rule under Article 102 of the Constitution of the People's Republic of Bangladesh, upon the respondents in the following manner: ''Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned পà§à¦°à¦§à¦¾à¦¨ কারà§â€......approving the car loan facilities to the executives of the respondent Sonali Bank Limited. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having th..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the income therefore, cannot be accepted. 29. The Assistant Commissioner of Taxes is empowered to ask for proof of the debts claimed and to reject a part of the debts which could not be p......nce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......n respect of major items are stated to be wanted of proof or verifiability, etc. 18. It is now settled that as an assessee obliged to prove each and every item of expense claimed as and when he is called upon to and similarly, the Income Tax Officer is not bound to accept such expenses unless he ......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....t, in the case between Billal Miah Vs. State reported at 8 BLT 352 it has been recorded that, "In the context of realities of the society few local witnesses are available to depose against their powerful neighbours or habitual miscreants. In almost all cases they come to the Court to say that t......ruddin (Md.)……………………Appellant. Vs. State………………..Respondent. Judgment August 12, 2009. Result: The appeal is allowed with modification. Cases Referred to- Anisur Rahman Gazi Vs. State, 59 DLR 488; Abdul Khaleque Vs. State, 40 DLR 493; Abul Kashem ......ow of doubt and the incriminating articles being recovered from the exclusive possession and control of the accessed, the learned trial Court has rightly passed the Judgment and order, which does not call for interference by this Court. He further submits there is a long line of decisions from the a...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31of the Code. Accordingly, the trial Court's Judgment and decree are re......shem.................Petitioner Vs. AKM Golam Mostafa and others..................Opposite Parties Judgment January 14, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan......etitioner. Mihir Kanti Majumder, Advocate - For Opposite Party Nos.5-6. Civil Revision No.1302 of 2003 with Civil Revision No.1303 of 2003. Judgment SM Ziaul Karim J.- These Rules call in question the legality and propriety of the Judgment and order dated 18-2-2003 passed by the ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
....ations arising from the existence of a regular practice or consultation which the appellants could reasonably expect to continue gave rise to an implied limitation on the Minister’s exercise of the power contained in Art.4 of the 1982 order, namely an obligation to act fairly by consulting the GCH......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents (In Civil Petition No. 2169 of 2011)
Judgment
February 20, 2012.
Result:
The leave petitions are disposed of.
Lawyers Involved:
Mahbubey Alam, Attorney General (with Ekramul Haque, Deputy Attorney General and Shaikat Basu, Assistant Attorney Gen......s per policy of the Government, the respondents ought to have transferred their services to the revenue set up after their projects were ended but their services were not regularized. They are academically qualified and skilled in their respective fields. They stated that the writ respondents regula......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
....s and it cannot be said that the intention of this section is to limit its application to the witnesses only before examination of the accused under section 342 of the Code of Criminal Procedure. The power is available to the Court and under section 540 of the Code of Criminal Procedure, a Court has......l Hossain Ahmed J Chutta Miah...................Petitioner Vs. State………………..Opposite Party Judgment July 21, 2004. Result: The Rule is made absolute. Case referred to- Nazrul Islam @ Munto Vs. State, 1999 BLD 188. Lawyers Involved: Md. Rafiqul Hossain wit......sed petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the petition...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
.... facts rather most illegally rejected the petition and passed the order issuing conviction warrant against the petitioner which has caused abuse of the process of the Court and, as such, the inherent power of the Court under section 561A of the Code is attracted to secure ends of justice. No one ......8 of 2003. Judgment Mirza Hussain Haider J. - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence pa......e Party. Criminal Miscellaneous Case No. 1508 of 2003. Judgment Mirza Hussain Haider J. - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and n......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....g the petitioner were present and in the said meeting the petitioner disclosed that the government of the ruling alliance has to be overthrown and party in opposition should be supported to take over power whereby they will have some privilege for operating their organisation namely, Proshika. It is......ment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Petitioner. Md. Helaluddin Mollah, Deputy Attorney General with Md. Alamgir Kabir Assistant Attorney General – For the State. Criminal Misc......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ...... with Pallabi Police Station by one Md. Abdur Rahim Khan, Sub‑Inspector of Police under Pallabi Police Station, Dhaka Metropolitan Police alleging, inter alia, that on 7‑3‑2004 in the evening a meeting took place at Proshika Bhaban where 7 accused persons including the petitioner were present ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....y with regulation 2 which provides for appointment of three classes of employeesÂ- probationer, permanent and temporary. 6. Secondly, appointment of a cleaning contractor amounts to delegation of powers of the Authority to the contractors and, as such, is hit by section 8 of the Civil Aviation A................Petitioners Vs. Chairman, Civil Aviation Authority and another ......................Respondents Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and a......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......tion made by the petitioners to the Authority (Annexure-F) on 17‑2‑2002 that the petitioners did not mention anything about the promise or assurance to absorb them. Similarly, the resolution of a meeting of the petitioners themselves (Annexure-G) is also silent about any such promise. 20. The..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....n the bank. He told her that he obtained loan in connection with his business of Gold Star Lines and Trans Bangla Shipping Line. He was the sole proprietor of those firms. The Bank obtained a general power of attorney in respect of the loans from her and she executed and registered said power of att......Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismissed. Cases referred to- Ms Sekendar Jute Baling Ltd Vs. Sonali Bank and another, 1998 BLD (AD) 268; Vemlata Reddy Vs.......nst the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoperati......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....order is not only cryptic in nature but it is also a totally non‑speaking one and such an order is never countenanced by law. 4. Appointment of the receiver is not a matter of causal exercise of power by the Court. The Court can appoint a receiver for a disputed property only when the condition......zid Khan and others…………………Appellants Vs. Ali Howlader and others............... Respondents Judgment January 14, 2003. Result: The appeal is allowed. Cases referred to- Nur Mohammad Vs. Jogendra Kumar Dutta and others, 28 DLR 7. Lawyers Involved: Abdul Quq......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....¦¤à§‡ পারিবে; à¦à¦‡ আইনে à¦à¦‡à¦°à§‚প আদেশ দেউলিয়া ঘোষণাদেশ বলিয়া অà¦à¦¿à¦¹à¦¿à¦¤à¥¤ 30. Section 10 therefore, clearly empowers one or more creditors or a debtor to present a plaint when a debtor commits an act of bankrup......sent: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Be...... of 2000 is hereby declared to have been made and/or passed without any lawful authority and of no legal accordingly, is quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Respondent No. 1, the Bankruptcy Court, is hereby directed to proceed with the s......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39....... J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result: The petitions are dismissed. Cases Referred to- Nizamuddin Mahm...... High Court Division has properly considered the relevant issues and there is no illegality in discharging the Rules. Therefore, the impugned judgments and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. ...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...................Appellants Vs. Nilufar Momtaz and another..................................Respondents Judgment December 13, 2011. Result: The appeal is dismissed. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd. 53 DLR (AD) 62; Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 5......and manner and that the suit is based on false statements. Defendant No.1 has not gifted the apartment to the plaintiff and the alleged gift is forged. Defendant No.1 by an affidavit cancelled the so-called gift in the name of the plaintiff and gifted the same to his daughter. Any dispute relating t......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
....he above, it is evident to this Court that the arbitrary decision by respondent No.1 as to effect by respondent No.2 to issue wholesale denomination letters is a clear manifestation of gross abuse of power and is thus without any lawful authority and of no legal effect. The Rule in each of the Writ ......
Vs.
Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's
Judgment
April 23, 2009.
Result:
The Rule is discharged.
Cases Referred to-
Md. Salimullah Khan Vs. State, 15 DLR (SC) 150; State of Pakistan Vs. Mehrajuddin, 11 DLR (SC......r the Contemner - Respondents.
Contempt Petition No.181 of 2007.
Judgment
Quamrul lslam Siddiqui J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
.... the suit to the date of the decree. The award of interest under this section after the date of filling of the suit is entirely a matter of discretion of Court. This purely is a matter of statÂutory power. In a decree for the payment of money, the Court may pass an order of interest at such rate as......t February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (MaÂdras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M......stitution of the suit. 7. Mr. Asrarul Hossain, the learned advocate appearing for the petitioner firstly submits that as per section 34 of the Code of Civil Procedure no inÂterest has been specifically granted from the date of filing of suit and as such execution of the interest pending litigati......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
.... Court either in ApÂpeal or in Revision, but obtained this Rule, which need be discharged. 4. In the instant case the filing lawyer had been Mr. Raushan Ali, Bar-at-Law. He initially obtained the power from both the petitioners and being satisfied signed his name. It is also signed by one Mr. Ab...... Abdus Samad & others.................Petitioners Vs. The State..................Opposite Party Judgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Kha......paid to the accused petitioners by the complainant petitioner on 24.7.70. It is stipulatÂed for payment of the rest later but on payment of rest Tk. 5,000/- when he requested the petitioners categorically denied to register the kabala. The petitionÂers having not executed the document suspicion ar......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....ustoms. He further adÂmitted that he himself detected the gold from a secret pocket at the bottom of the bag and after recovery of the gold the appellant was arrested. He further admitÂted he was empowered under the Customs Act to search and arrest any person. He also admitted that the seizure lis...... M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 42...... found the appelÂlant and his baggages taken away by the Officer of the Customs department. He heard that gold has been recovered from the bag of the appellant. SubsequentÂly at about 2 P.M. he was called by the Customs Officer and was told that some gold have been recovÂered and wanted him to be......cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
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