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....ich was curtailed without giving them any opportunity of being heard and therefore, the High Court Division made the Rule absolute on the grounds of their vested right as well as violation of natural justice. Since the petitioners in the present writ petition did never get any honorarium/allowance b......ighters were reclassified in six categories from A to F, wherein the disabled freedom fighters having 1-19% disability were placed in category “F”. In the said report it was further observed that according to the Regulations of the Trust the disabled freedom fighters with 1-19% disability were n......th observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories from A to F, wherein the disabled freedom fighters having 1-19% disability were placed in category “F”....... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....e complainant petition. Hence, for these reasons the impugned proceedings amounts to an abuse of the process of the Court and that the same is otherwise liable to be quashed as well to secure ends of justice. 11. The learned Advocate Mr. ZH Afric appearing on behalf of the informant opposite part...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......ty Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the ey......e, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the eye of law.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude furt..Category: Criminal Law | Date: | Hits: 124
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
....ct. 9. The learned Advocate further argued that almost 11 years have gone passed but the respondent without adjudicating the matter is still sitting over the same by which a serious miscarriage of justice has been done to the petitioner. He cites a decision of Ancient Steamship Company Limited Vs......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......s. National Board of Revenue and others………………………Respondents Judgment April 8, 2012. Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Gov...... Customs, Customs House, Dhaka i.e. Respondent No.7 so far as it relates to the writ petition (as contained in Annexure-1 to the writ petition) shall not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......d company engaged in cold storage business. The petitioner for the purpose of his business on 08-06-1994 applied for loan from the respondent No.2 Agrani Bank Limited, Principal Branch, A project was accordingly sanctioned by the bank. The petitioner refused to accept the loan as the loan was give......orted in: 64 DLR (HCD) (2012) 487. ...... impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that since 13-11-2005, the petitioner being fugitive from justice is not entitled to get any relief from the High Court Division in this writ petition. Conseq......btor petitioner. 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: 61 DLR (HCD) (2009) 760. ...... Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no right to seek any kind of redress as against his grievance of issuanc...... by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of arrest (Annexure C to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 22-4-..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....ugned judgment and order dated 16-1-2006 passed by the learned Session Judge amounts to abuse of the process of the Court or whether the said order is otherwise liable to be quashed to secure ends of justice. 11. We have heard the learned Advocates appearing for both the parties, perused the appl......mitted by the UNO as well as by the Kanungo. He further submits that learned Magistrate in his order has clearly recorded that there was apprehension of breach of peace in respect of the disputed and accordingly he had rightly passed an order dated 12-9-2004 to draw a proceeding under section 145 of......ay 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to a conclusion, after completion of the enquiry as ......Nos.2-4, drawing our attention to the police report dated 28-8-2003, submits that, the learned Magistrate having not taken any cognizance as yet in this case there exists no proceedings in the eye of law and, as such, the question of quashment does not arise at this stage. He further submits that it..Category: Criminal Law | Date: | Hits: 105
....nnot be interfered with in exercise of revisional jurisdiction. The revisional court only is to see whether the courts below committed any error of law and their decisions have, caused any failure of justice……………….(31)
Cases referred to-
Abul Khair (Md) Vs. Pubali Bank Ltd. and ano......intiffs Abdul Kader, was a resident of Tripura, India and Rosharaj Battacharjee was the resident of village Gazipur under district Moulvibazar and both of them agreed to exchange their properties and accordingly Rasharaj exchanged his 9.07 acres of land with the property of Abdul Kader situated in I......he matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent, suit or the suit in which such issue has been subsequently raised and has be......ing of material evidence on record, such findings cannot be interfered with in exercise of revisional jurisdiction. The revisional court only is to see whether the courts below committed any error of law and their decisions have, caused any failure of justice……………….(31)
Cases referred..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....because the plaintiff could not prove the possession in the suit land by adducing oral evidence. The lower appellate Court committed an error of law and came to a wrong finding occasioning failure of justice in not considering the possession of the defendant over the suit land which was the material...... Aswini Kumar Das died leaving behind 4 sons Ambika Charan Das, Paresh Das, Animesh Das and Amalesh Das and Kushai Chandra Das died leaving behind 2 sons Anil Chandra Das and Monindra Chandra Das and accordingly R.S. Khatian No.43 was prepared in their name. Ambika Charan Das and others while they w......Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ted the parties to appear before him with necessary papers but the defendant No.2 failed to show any papers in support of their title; that on 13-2-91 the defendant No.2 expressed that his brother-in-law, the defendant No.1 was the owner of the land on the basis of the title suit and prayed for affi..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....bruary 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, on......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ...... February 6, 2008. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of l......lute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code...Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......t was ultimately exported by M/S Yalumba Inc. The formalities for obtaining the NOC were complied with by the importer in making its application, including production of various supporting papers and accordingly, the NOC was issued by the Department of Shipping (respondent No.8). Upon getting inform......s Association (BELA)...................Petitioner Vs. Bangladesh...................Respondents Judgment March 5, 17, 2009. Result: The rule is disposed of in part. Cases Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, 55 DLR 69. Lawyers Involved: Fida M. Kamal with......ng MT Enterprise (IMO NO.7709136) for breaking purpose and the subsequent attempted entry of the said vessel into territorial waters of Bangladesh should not be declared to have been issued without lawful authority and is of no legal effect. The respondents were further asked to show cause as to w..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......osed of. Let a copy of this order be immediately transmitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......re, 1898 (Act No. V of 1898); section 144 & 145 No receiver can be appointed of the disputed property unless the proceedings under section 144 of the Code of Criminal Procedure are converted into one under section 145 of the Code...............................(4) Lawyers Involved: Md. M......r section 145 of the Code...............................(4) Lawyers Involved: Md. Mamun Aleem, Advocate - For 2nd Party-Petitioners. Md. Khurshedul Alam, Deputy Attorney General with Delawar Hossain Samaddar, Assistant Attorney General and Monjur Kader, Assistant Attorney General - Fo..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......udge on consideration of evidence on record as well as the facts and circumstances of the case found the convict-appellants guilty for the offence punishable under section 394 of the Penal Code and accordingly convicted them thereunder as mentioned above and at the same time acquitted two other ac......……………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dismissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; ......render to their respective bail bond to server out the remaining period of the sentence forthwith, failing which the trial Court shall take necessary steps to secure their arrest in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned i..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases R...... Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of ..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......Dhaka City Corporation in giving a decision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any ......mmad Ali, Advocate - For the respondent No.8. Md. Abdun Nur, Advocate - For the respondent No.4. Writ Petition No. 5444 of 2007. Judgment Md. Emdadul Huq J.- This Rule is about the lawful authority of a Commissioner of the Dhaka City Corporation in giving a decision on a land disp..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....ow without appreciating the material facts and law decreed the suit for the entire amount of the dower, thereby committed an error of law, resulting in an error in the decision occasioning failure of justice. 11. Mr. Rafiqul Islam Mehedi, the learned Advocate appearing for the opposite party oppo...... 22. 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: 14 MLR (HCD) (2009) 427. ......………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD...... dower inasmuch as the marriage between the plaintiff and defendant, was not consummated. The learned Counsel lastly submits that the Court of appeal below without appreciating the material facts and law decreed the suit for the entire amount of the dower, thereby committed an error of law, resultin..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....4 lie submits that being a Director of the respondent company or sister concern thereof they have relations with the transaction in question and, as such, their property can be attached for ends of justice. He submits that the said respondents cannot avoid their liability by taking the plea of the......tation of Statute Modern method adopted by the Courts is literal construction of statutes conditioned by what is called the golden rule of construction. Generally all statutes are to be construed according to the plain, literal and grammatical meaning of the words and one should not import words......m a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration......ssed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 and 47 of the Act …………………………………..(20) The Appellate Division already mentioned that the law as per section 3(1) and section 3(4) of the Act barring the Court from granting an order of in..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... Meetings. The meeting was called in the interest of the Company and if the meeting decides to alter Article 14 and 26, as proposed, it will in no way prejudice the interest of the petitioner. He has accordingly prayed for dismissal of this matter. 5. Heard the learned Advocates and perused the a......posed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......as issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He next..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......ond’ is to hide and when a person is hiding from the place of residence he is said to be absconder. In the Concise Oxford Dictionary the word "abscond" is defined as "depart secretly; flee from the law"...............(5) The Anti‑Terrorism Act, 1992; section 11 Satisfaction is the mental a..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....ve not been returned to him nor any reason assigned for not returning the arms and their licences (Annexure‑C). Therefore on 28‑11‑95 the petitioner served notice upon the respondents demanding justice but to no effect (Annexure‑D). Being aggrieved by the impugned memo directing him to depos......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ent November 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person ......ted 2‑8‑93 issued by respondent No.2 to the petitioner (Annexure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are th..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......k.20,000 to the plaintiff Bank but the plaintiff without giving any time published Tender Notice and sold 2296 bags of garlic. At that time the value of Garlic per KG was Tk. 56 in the market and accordingly total price of the goods was Tk.32,14,400, that the defendant did not agree with the pla......……………………Defendant-respondents Judgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed......ed by them, would stand transferred in the respective Artha Rin Court within the District. . . According to Section 3 of the Act the provisions of this Act will be effective notwithstanding any other law for the time being in force……………………………..(13) The counter claim of the d..Category: Civil Law | Date: | Hits: 106
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