Search Options

Judgment Advanced Search

Displaying 1821-1840 of 3933 results.

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......he convict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribu...... of Kotwali Police Station Case No.23 dated 14-10-2002, corresponding to GR No.482 of 2002, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, as has been initiated upon lodging a first information report (F......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....n 2(qq) of the Customs Act are not inconsistent.......................the service of the PSI Agency starts in Bangladesh, as is seen from the provision of PSI Order, 1999 and then, for the purpose of completeness of the work PSI Agency required to perform the said agency after initiating its functio......also Reported in: 62 DLR (HCD) (2010) 284. ...... in accordance with the existing laws and rules; (d) To ensure compliance with the shipment procedures and container sealing as per rules and order; (e) To issue CRFS and NNRF after undertaking proper inspection (physical and otherwise) prior to shipment of the consignments to be exported as p......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....onclusion of trial, learned Subordinate Judge decreed the suit by judgment and decree dated 11.5.1982 with findings that the suit was well within time; that the plaintiff had been trying althrough to complete the deal and made demands by serving several legal notices; that the story of ‘shalish’......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Abdul Khaleque Miah alias Khan Abdul Khaleque since deceased substituted by his heirs Mst. Sufia Begum and others………………...Petitioner Vs. Sheikh Amin Uddin, since deceased substituted by......eover, it is apparent from the plaint, deposition of P.W.1 and the legal notices that the plaintiff had tendered the balance consideration money and requested defendant No.1 to execute and register a proper sale deed. In view of the legal notices served under registered covers, it has been clearly p......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ..

Category: Property Law | Date: | Hits: 99

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......High Court Division (Criminal Revisional Jurisdiction) Present: Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: Th......after the said Idris Ali died living behind his widow Hasena Banu, daughter Rupchand Bibi and six sons including the petitioner. The said heirs of Idris Ali made an amicable partition of his left out property and the land in 1st schedule fell in the share of Hasena Banu, Ayub Ali (another son of Idr......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......d J.- I agree. Ed. This Case is also Reported in: ......uit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and from transferring it to any other person. 2. Plaintiffs’ case, in brief, is that t......t. He further submits that the Government did not file any written objection denying the material allegations of the application, still the Court of Settlement rejected the application without proper adjudication of the issues whether the original allottee Ramjan Ali had left Bangladesh leaving the ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....er which the plaintiff agreed to supply to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank Guaran­tees. The delivery was to be completed by 15 January, 1971, but the time was extended up 30 November, 1971. The plaintiff supplie......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di......tion agreement be filed in the Court. There was a written contract between these parties under which the plaintiff agreed to supply to the Civil Supply Depot of the defendant some gunny bags, and for proper performance of the contract, furnished two Bank Guaran­tees. The delivery was to be complete...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....reme Court cited with approval the case of Babu, cited above, where it was held that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 17. In Mohim Mondal Vs. The State 1...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......learned Judges hearing the appeal disagree, which need be referred to a third Judge and not the whole case. Collister, J. went on to state as follows:-“We have no doubt in our mind that this is the proper view to take of s.429, Criminal P.C., for it can never have been in the contemplation of the ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......t: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others...................ered the law resisting the transfer which came into operation on 14-12-1948 and gave permission and approval to Lamio Matbar to transfer the same. Therefore, the Government now can not claim the suit property which was purchased by the plaintiffs and their predecessors. The High Court Division also ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....-petitioners to re-instate the petitioner in the "corresponding updated post of Deputy Project Director under the revenue Budget with promotion if any has already been given to other employees of the completed project" and to pay the petitioner his arrear salaries and other allowances within 30 days......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma...... the Project Director was taken over from him and therefore, he had no cause of action to file the writ petition, but the High Court Division failed to consider this factual aspect of the case in its proper perspective in passing the impugned judgment and order. He has lastly contended that the Mini......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....egard. 4. On 7.3.1991 the respondent herein suddenly fell ill and applied for leave on medical ground. The petitioner was allowed two days' casual leave. As per advice of the Doctor he had to take complete bed rest for few weeks and he had undergone medical treatment. Upon recovery he filed an ap......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………â€......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

....rements. Section 196C of the Customs Act has provided the procedure to be followed by the Appellate Tribunal and section 196B has provid­ed what Order the Appellate Tribunal may pass. The VAT Act is completely separate a statute and sepa­rate provisions have been incorporated in section 42 thereof...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents Judgment November 17, 2011. ......isions of the VAT Act read with the Customs Act and considering the observations made by the High Court Division in the above mentioned writ petitions and interim Order passed in similar cases denied proper dispensation of justice to the petitioner by asking it to deposit VAT as per the VAT Act and ...... the demanded amount of Taka 3,03,67,190.10. The respondent arbitrarily demanded Taka 2, 98, 44,700.67 and imposed penalty of Taka 3, 00, 00,000. Being aggrieved by and dissatisfied with the Order of adjudication, the petitioner filed an Appeal to respondent No.2, Commissioner (Appeal) on 27-9-2006 ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....or some facts inconformity with earlier statements or that they have been made bona fide for the purpose of determining the real question in controversy, The introduction of a new story and new facts complete­ly ignoring the admissions made in the written-Statement can in no way be said to be neces......e Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Azmal Khan.........................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal ......rial Court allowing the prayers for amendment of the plead­ings in which the appellant wanted to introduce cer­tain facts which are not conformity with his earlier plea of ejmali nature of the suit property and (b) whether the defendant No.1 is competent to chal­lenge the said orders since the pl......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19......ant that toll, rate or fee is levied for services ren­dered and is in the nature of quid pro quo and is a permissible levy but according to him, it is distinct from the levy of Octroi which is a tax proper. In the Ordinance tax and rates and tolls have all been put in the same category. 14. We f......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the......ion of the plaint till the date of ex-parte decree awarded in, favour of the plaintiff-Bank. It appears that the plaint was registered on 2-2-1978. The defendant did not appear in the suit inspite of proper service of notice upon him. The Court, ultimately, fixed 19-8-1978 for ex parte disposal. On ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N......fendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite of demands the defendants di......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......সপি/২৮/৮৪(অংশ-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akon......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 71

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....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. ......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ...... 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 which an offence appears to have been committed or which appe......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.......ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha...... the writ petition) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem tit and proper. The Rule is made returnable within 2(two) weeks from date. In the meantime, let the op......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...

Category: Others | Date: | Hits: 134

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....e pre-emption case, on 24-6-1999 tiled an application to transpose him as co-pre-emptor claiming as co-sharer by inheritance. The said application was rejected as barred by limitation as well as an incomplete application. Again on 7-7-1999 he tiled a complete appellation under section 96(4) of the A...... 62 DLR (HCD) (2010) 44. ......it have rightly been framed, considered and decided by the trial Court with reference to the evidence and materials on record but the impugned Judgment and order of the Court of appeal below is not a proper Judgment of reversal as it failed to consider the evidence orally and documentary on record a......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

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......ction) Present: Md. Azizul Haque J Shefali Bala...............Petitioner Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties Judgment July 2, 2009. Result: The Rule ......1 passed by the Assistant Judge-in-charge, Baliadangi, Thakurgaon in Other Class Suit No.4 of 2000 decreeing the suit should not be set aside and/or any other order passed this Court may seem fit and proper. 2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissa...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118