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Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....the case on suo mutu. Mr. Lutful Kabir, Dy. S P (Hq) investigated the case who left this district on transfer. After the departure of Mr. L. Kabir Sp. NK was pleased to endorse the same in my name to complete investigation. During invesÂtigation Mr. L. Kabir visited P. O. seized alamat items Nos.1 ......is Case is also Reported in: 30 DLR (AD) (1978) 58. ...... not be directly remunerated by the Government. Much stress has been put on clause (9). It May be set out; "Every Officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the GovernÂment, or to make any survey, assessment or contract on behalf of t......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....rts below, to the acceptance of the story of settlement as sought to be made out by the plaintiffs, was the character of Mainuddin's interest as recorded in Khatian No.83 of mouza Rajarbagh and the complete absence of any pleading as to how the said interest was extinguished. Both of the said Cou......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......n of a decree for arrears of rent obtained by Haladhar Dey Sarker and purÂchased by the decree-holder on 6-7-38. The sale was confirmed on 11-8-38 and delivery of possession of the auction purchased property was taken through Court on 23-1-39. The decree-holder auction purchaser having possessed th......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... maintainability of the suit which goes to the root of the litigation and raises the question of jurisdiction of the Court to try eth dispute. It, however, appears that subsequently this question was completely lost sight of for some time, but as soon as it was brought to the notice of the learned S......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... the circumsÂtances as stated therein but clearly implies that the Court shall have to decide the matter judiÂcially, that is to say, apply its judicial mind to the records of the case after giving proper notice to the parties, who may be affected by the order of the High Court made under the said...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ase is also Reported in: 30 DLR (AD) (1978) 27. ...... appeal below does not appear to have committed any error of law or proÂcedure in coming to the finding that the disÂputed Kabalas were genuine documents and the said finding appears to be based on proper appreciation of the evidence on record. 6. Learned Counsel has next submitted that the Nad......Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....he Act and (2) the second one comprising part V, of the Act relates to the tenancy laws which are to be operative after the process of acquisition as provided in the earlier parts of the Act has been completed.
34. The peculiar feature of the tenancy laws prevalent in this part of the country sin......shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......t Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice calling upon the appellant to pay cerÂtain taxes in addition to annual rent payable in respect of his lease-hold property was chalÂlenged. Mr. M.H. Khandker, a senior advoÂcate of this Court has appeared in pers......lt, therefore, is that subject to the observation made above, the appeal is dismisÂsed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......s Also Reported in: 21 BLT (HCD) (2013) 287. ......y the impugned judgment and order, which is liable to be set aside. 7. On the other hand, Ms. Promila Biswas, learned Deputy Attorney General submitted that the learned Assistant Sessions Judge on proper assessment of evidence clearly found the appellants guilty of offence under sections 395 and ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Shameem Ara and others Vs. Government of Bangladesh and othÂers, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ......e was upgraded to a University, namely Jagannath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on the property of the College as well as on the service conditions, the continuity and staÂtus of the Pro......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are disÂmissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9......al Code against the accused person beyond any shadow of reasonable doubt by adducing independent, disinterested eye-witness of the occurrence. He further submits that the learned Judge failed to take proper care and caution in assessing the evidence of partisan and interested witnesses. It is furthe......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......he order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60....... the learned Counsel for petitioner.
6. It appears that findings arrived at by the Courts below have been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of the legal aspects involved in the suit. Moreover, I do not find any misreading or......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......) 49.......an limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 furnished all the charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by mortgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......d in: 15 BLC (HCD) (2010) 46. ......or petitioner. 8. It further transpires that findings arrived at by the Court of appeal below having been rested upon consideration and discussions of materials on record and also on a correct and proper analysis of legal aspects involved in application for injunction, I do not find any misreadin......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......e is also Reported in: 15 BLC (HCD) (2010) 34. ......egal effect and why the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No. 1 is a com...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... major part of the consideration are undoubtedly business transactions, which by any stretch of imagination, cannot be taken to be an entrustment. The later facts namely, delivery of the print of the completed film and issuance of the two post-dated cheques are continuation of the said transaction a......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the......he proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the com...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....ity decision of the Tribunal is not legal and binding upon the parties in view of the fact that one of the Arbitrators, namely, Mr. M Amirul Islam (hereinafter referred to as the 3rd Arbitrator), was completely left out of the process of consultation before finalising and making the Award. Mr. Hossa...... Corporation, represented by its Country Manager...........Respondent
Judgment
January 5, 2009.
Result:
The Award is hereby set aside.
Cases Referred to-
Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European G...... same time, the arbitration proceeding must also conform to certain well established principles and norms of legal rules and conduct. Upon conclusion of hearing, the members of the Tribunal must hold proper deliberations amongst themselves covering all the issues of the proceeding before making and ......he Court held:
"What I think the authorities show, as must be right, is that an arbitration conducted by a tribunal of several arbitrators necessarily requires a joint process of full and complete adjudication by all of them, so that the ultimate award represents the state of mind of all of them ..
Category: Alternative Dispute Resolution | Date: | Hits: 385
....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: Â 18 MLR (AD) (2013) 1.
......el Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah JÂ
Nazmun Ara Sultana JÂ
Syed Mahmud Hossain JÂ
Md. Shamsul Huda JÂ
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………………â€......igh Court Division but it did not refer and discuss them. It noticed the above judgment of this Division. Anyway, in presence of a judgment of this Division on the same subject matter, we feel it not proper to consider the other judgments of the High Court Division, if there be any.
6. In that c......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: Â 18 MLR (AD) (2013) 1.
..
Category: Others | Date: | Hits: 138
.... 10.01.2008, the decision was circulated by the Planning Division, vide Memo No. Pobi/NEC-ECNEC/Co-ordination/2/26/2007/3 asking all concerned to take necessary steps to transfer the personnel of all completed development projects to the revenue budget.
4. Suddenly, the Ministry of Finance, vide......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti......cluded that there was no reason for not applying the ratio of the said decision in the present cases.
The findings arrived at and the decisions made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-p......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
..
Category: Others | Date: | Hits: 172
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......se is also Reported in: 50 DLR (HCD) (1998) 225. ......of such declared value. 7. Normally invoice value is the basis of assessment of customs duty. To prevent under invoicing or over invoking widely practised by the traders either to evade payment of proper duty or to smuggle out foreign exchange power has been vested in the Government under sub-sec......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....charge definitely occasioned failure of justice. 6. It appears that the occurrence took place on 22-9-84 and the accused was produced before the Court on 22-9-84 and thereafter it took one year to complete the trial. The appeal took about two months for disposal and thereafter the accused moved t......t Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the j......pector as to what he did with the adulterated seized insecticides. At this, the accused became very much enraged and then the other employees of the office including the informant asked him to behave properly. The accused then tried to give ruler blow but it did not hit the informant. Then the accus......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
....ontesting opposite party came to a clear finding that notice of the impugned sale was duly served upon Abul Hossain, father of the pre-emptor-petitioners and the petitioners and their father have had complete knowledge about the disputed sale and as such this pre-emption application filed after 8 ye......: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......owing the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre-emptors, and he has been in continuous possession in the said property since then. The further case of the contesting opposite party is that since the price of la......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
....t to the Government Acquired Estate and on such findings recommended the realise of the suit property from the list of the vested property, the learned Court of appeal below evidently erred in law in completely ignoring these pieces of material evidence convincingly proving the plaintiffs case and t......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......eventually died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further cas......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
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