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Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....eme Court Appellate Division (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others…......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......, instructed by Md. Nurul Islam Bhuiya, Advocate-on-Record—For Respondent Nos.1-8. None Represented—Respondent Nos.9-22. Civil Appeal No.153 of 2008. (From the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993). Jud......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Durnity Daman Commission Vs. Jesmin Islam and another, 2014, 43 CLC (AD)
.... The instant case is filed by the Durnity Daman Commission in exercise of its power under Act of 2004, the Durnity Daman Commission is a necessary party but, the accused-respondent has not made it a party. The High Court Division has not properly exercised its discretion in granting t......—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, ......or the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kaf......Daman Commission is a necessary party but, the accused-respondent has not made it a party. The High Court Division has not properly exercised its discretion in granting the accused-respondent on anticipatory bail. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Sufia..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Durnity Daman Commission Vs. Durnity Daman Commission, 2014, 43 CLC (AD)
.... so, the case having been filed by the Durnity Daman Commission in exercise of its power under Act of 2004, the Durnity Daman Commission is a necessary party but, the accused-respondent has not made it a party. Considering the above, we find that the High Court Division has not properly exercis......—For the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, ......or the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2014. Order Md. Muzammel Hossain CJ.- This petition at the instance of Durnity Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kaf......ty Daman Commission is against an interim order enlarging respondent Jesmin Islam, wife of Tanvir Ahmed, 205/4, Begum Rokeya Sharani, West Kafrul, Taltola, Sher-e-Bangla Nagar, Dhaka enlarging her on anticipatory bail for a period of 1 (one) month from the date of order dated 19th January, 2014. ..Category: Criminal Law | Date: 10 Feb, 2014 | Hits: 4
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....with expunction. The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or ......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ...... such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or injury, for which, he claims compensation. General dam......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
.... or a case or in other words, mere surrendering to the jurisdiction of a Court, jurisdiction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit or case as the case may be. Because the decree or order passed ......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......ction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit or case as the case may be. Because the decree or order passed by a Court without jurisdiction is a nullity and such nullity, in no way, is curab......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......e. Moreso, he failed to record the statements of some important witnesses under section 161 of the Code of Criminal Procedure. The accused petitioners have no authority to challenge the impugned order inasmuch as by the order of further investigation, they have not been prejudiced. They wi......ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
....LR (AD) (2015) 257
......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
......pondent Nos. 6-8. (In Civil Appeal No. 45 of 2012)
None represented—Respondent Nos. 2-11. (In Civil Appeal No. 46 of 2012)
Civil Appeal Nos. 45-48 of 2012
(From the judgment and order dated 6th July, 2010, 27th September, 2010 and 8th October, 2009 passed by the High Court Divi......peal No. 48 of 2012 is allowed so far as it relates to respondent No. 9 Md. Saiful Alam Khondker and dismissed against the rests.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 257
..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
....llip;………................Petitioner Vs. Md. Abdul Latif Bhuiyan........................Opposite-Party Judgment January 30, 2014. Result: The Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......the value does not exceed twenty-five thousand Taka shall be cognizable by a Court of Small Causes. Sub-section (3) of section 15 of the Act provides that subject as aforesaid, the Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed thirty ...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
....HCD) (2015) 191
......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
......e Constitution of Bangladesh as being violative of the fundamental rights guaranteed under Articles 26(1)(2), 27 and 31 of the Constitution (annexure-"A”) and/or pass such other or further order or orders as to this court may seem fit and proper".
2. The averments figured in the......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
.... possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence or otherwise of a stipulation for interest on repayment indicating a mortgage; (v) adequacy or inadequacy of the consideration, an inadequate price indicating a mortgage; (vi)presence......he matter, 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: 66 DLR (AD) (2014) 162. ......passed by the High Court Division in Civil Revision No.4621 of 1998). Judgment Syed Mahmud Hossain J.- This appeal by leave by the defendants-appellants is directed against the judgment and order dated 23-7-2001 passed by the High Court Division in Civil Revision No.4621 of 1998 making the......he matter, 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: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
.... Jobeda ® Kalu Bibiand others...........Respondents Judgment January 29, 2014. Result: The appeal is allowed. Lawyers Involved: Madhu Malati Chowdhury Barua, Advocate-on-Record on behalf of Md. Nawab Ali, Advocate-on-Record&mdash......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ...... and produce any evidence at any time during the trial. The trial does not finish until pronouncement of judgment…………. (5) Civil Appeal No. 140 of 2002 (From the order dated 7th of December, 1999 passed by the High Court Division in Civil Order No. 5046 of 1999.......ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....nd his known source of income, he may be prosecuted and convicted under section 27(1)......(5)
The accused-respondent was also convicted under section 27(1) of the Ain on the reasonings that he had acquired properties which were beyond his known source of income, and said properties were also c......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......
Md. Wahidullah, Advocate-on-Record—For Respondent No.1
None Represented—For Respondent No.2.
Criminal Petition for Leave to Appeal No. 537 of 2011.
(From the judgment and order dated 16-6-2011 passed by the High Court Division in Criminal Appeal No. 6743 of 2007.)
J......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....udgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......ame parties involving common questions of facts and law have been heard together and are being disposed of by one judgment. 2. The Rule in Criminal Revision No.823 of 2012 was issued challenging order No.22 dated 29.04.2012of the Special Sessions Court No.1, Dhaka passed in Special Session Case......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....y;sisting interest in the holding when he files an application for pre-emption but must continue to hold the self-same interest to the date when the case is finally disposed of. Vide Chandra Kumar Maladas Vs. Abdul Motaleb, 19 DLR (SC) 36 and Md. Mofizuddin Vs. Abdul Hakim, 33 DLR (AD) 305…&h......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ...... Md. Nawab Ali, Advocate-on-Record—For Respondent Nos.1-2. None Represented—Respondent Nos.3-23. Civil Petition for Leave to Appeal No.1751 of 2011. (From the judgment and order dated 14-6-2011 passed by the High Court Division in Civil Revision No.3451 of 2003). Jud......er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44
State Vs. Dr. Fazlur Rahman, 2014, 43 CLC (AD)
....gment Md. Imman Ali J. - This criminal appeal by leave arises out of the order dated 24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The facts in b......nt Md. Imman Ali J. - This criminal appeal by leave arises out of the order dated 24-3-2003 passed by a Division Bench of the High Court Division in Criminal Revision No. 227 of 2003 granting ad interim bail to the petitioner, Dr. Fazlur Rahman respondent herein. 2. The facts in brie......he Court to agitate his grievance and must surrender first to the process of justice, otherwise he remains to be fugitive from justice and could not seek aid or assistant of the process of justice in order to claim right of audience against the process of the Court issued against him.…&hellip...... Senior Special Judge, Dhaka is directed to proceed with the trial of the respondent Dr Fazlur Rahman in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 24 ..Category: Criminal Law | Date: 15 Jan, 2014 | Hits: 1
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....hearing but he did not appear at the time of hearing and the Deputy Commissioner of Taxes took the matter for ex-parte hearing and held that the assessee intentionally avoided attending the case and made assessment under section 84 of the Income Tax Ordinance, 1984. The Deputy Commissioner of Taxes ......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......ord—For the Respondent. Civil Appeal No.279 of 2002 (From the judgment and Border dated 25th of March, 2001 passed by the High Court Division in Reference Application No.43 of ......he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ed. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......n laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial or quasi-judicial authority while making an order affecting those rights. These rules are intended to prevent such authority from doing injustic......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....nbsp; Syed Mahmud Hossain J AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, Inte...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......nal Attorney-General, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent. (In both the cases) Criminal Review Petition Nos.17-18 of 2013. (From the judgment and order dated 17-9-2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013) Ju...... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... Abdul Bari Molla Vs. State, 17 BLD (1997) 223 = 3 BLC 474; Md. Nizamuddin Dali Vs. State, 16 BLP (1996) 580 = 1 BLC 312; Abdur Razzak alias Geda Vs. State, 16 BLD (1996) 312=48 DLR 457; Abul Kalam Azad Vs. State, 48 DLR 294. Lawyers Involved: Biswajit Deb Nath, Deputy Attorney-General, in...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......vocate-on-record—For Respondent. Khurshid Alam Khan, Advocate, with leave of the Court—For Anti-Corruption Commission. Criminal Appeal No.22 of 2004. (From the judgment and order dated 2nd of July, 2003' passed by the High Court Division in Criminal Appeal No. 2907 of ...... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
Md. Abdur Rob Bhuiyan Vs. Sheikh Ahammed and others, 2013, 42 CLC (HCD)
....bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ......ber 21, 2013. Result: The Rule is discharged. In a criminal revision the scope of reassessment of evidence is narrower than that in an appeal. It is also difficult to interfere with a judgment and order of acquittal, unless there is non-consideration or misreading of evidence, or miscarriage of j...... Rule. Accordingly, the Rule is discharged. Opposite Parties 1-20 are released from their bail bonds. Send down the records. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is alsoReported in: ..Category: Procedural Law | Date: 21 Nov, 2013 | Hits: 24
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