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Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t a deed of Heba-bil-Ewaz for registraÂtion, if it has been duly executed. 34. However two of the daughters of the purÂported executant, being defendant No.1 and 3, have denied the execution and accordingly they have transferred 1.58 acres out of the suit land to defenÂdant Nos.5 and 6. This d......¦â€¦â€¦â€¦Opposite Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as......ift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consideration". A document of Heba-bil-Ewaz has to be treated as a contractual document in the nature of sale and the law of contract is applicable to such a document……………………………….(29, 30 & 3..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....ed that having not considered the above perÂtinent aspects of the matter both the courts below have committed gross illegality which has resulted in an error in the decision occaÂsioning failure of justice and as such the judgÂment and decrees passed by both the courts below are liable to be set ......e essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged marriage being flatly denied by the defendant.....................(15)...... woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged ma......or proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged marriage being flatly denied by the defendant.....................(15) Case Refe..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....dings of the case from their very initiaÂtion to the passing of the impugned conviction were an abuse of the process of the Court and conseÂquently, the same should be quashed to secure the ends of justice. 7. Mr. Md. Khurshid Alam Khan next submits that there is a provision of Appeal as provid......18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the plain, literal and grammatical meaning of the words and one should not import words...... Court must take cognizance of the alleged offence instantly at the spot provided the same has been committed or unfolded in his presÂence and convict the accused and award the preÂscribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) ......…………….Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1)..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....evidence on record rightly decreed the suit, but the judgÂment of the Court of appeal below based on misreading and no consideration of the eviÂdence on record which caused serious misÂcarriage of justice. He adds that the defendant only produced baynama (Exht. ক) in support of the auction purc......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......n Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: The Rule is discharged. Cases Referred to- Md. Naimuddin Sarder @ Naimuddin Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abu......ed in the auction sale and on 01.08.1962 purÂchased the suit property by auction; that subÂsequently his sale was confirmed by the learned Court and possession was delivered to him in due course of law. Thus the suit is liable to be dismissed. 5. On the pleadings following issues were settled: ..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......Mamun…………………Accused-Appellant (in jail) Vs. The State…………………Opposite party Judgment February 6, 2006. Result: The appeals are allowed. Case Referred to - Moshfiqul Islam Bilu Vs. the state, 52 DLR 593. Lawyers Involved: Md. Kalimullah Mazum......e other police personnel who were the alleged member of the check post duty. Therefore, the impugned Judgment and order of conviction and sentence passed against appellant Ujjal is not sustainable in law. 8. Mr. Mohammad Ali, the learned Advocate appearing for the appellant Golam Rasul @ Mamun ad..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......rned Advocate also submits that 1st occurrence took place at the tea stall of Abdul Halim where deceased Abul Kashem has been killed but the said Abdul Halim has not been examined as a witness which, according to the learned Advocate for the accused-appellants, speaks falsity of the entire prosecuti......resent: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004 is rejected. The connec......nd may be said to the interest of Ismail Chairman as such it cannot be said to be true voluntary and inculpatory and conviction relaying upon such confessional statement is not sustainable, either in law or on the facts of the given case. He also submits that out of 10 witnesses, 3 are official witn..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......…Respondents
Judgment
June 10, 2010.
Result:
The Rule is discharged.
The Upazilla Parishad (Election) Rules, 1999, Rule 60
Whether the Election Appellate Tribunal is authorized to entertain an appeal against an interlocutory order passed by the Election Tribunal?
An appeal ......ge an order passed in Election Suit No.01 of 2009, stating that interlocutory orders passed by the Election Tribunals are not appealable, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the judgment and order ..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......cate as per provision of Section 33 of the Artha Rin Adalat Ain, 2003. The learned Joint District judge by the impugned order dated 26.2.2008 allowed the said prayer and directed to issue certificate accordingly. Then the petitioner moved this Court and obtained the present Rule. 3. Mr. Rafiqul I......010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Art...... the absence of filing of application for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner...Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... give him indulgence to fill up the lacuna. Finally, he submits that the impugned judgment and decree passed by the learned Judge of the appellate Court suffers from illegality occasioning failure of justice and calls for interference by this Court and thus the Rule should be made absolute. 12. N......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......mine witness or adduce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give hi......n on 2.10.2002) decreed the suit. The defendant No.1 by the decree of permanent injunction was restrained from disturbing peaceful possession of the plaintiffs in the suit land without due process of law. The defendant No.1, Akram Ali against the said judgment and decree preferred Title Appeal No.52..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ntal principles of section 342 of the Code causes prejudice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the court to adminÂister justice in accordance with fundamenÂtal principles of criminal justice. It is emiÂnent that it is ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......nt or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not obligatory on the pubÂlic Prosecutor to examine any number of witnesses on the same point regardless of t......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, ..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......nal and as the 3 surveyors surveyed jointly and found shortage. As such, after the calculation and found the plaintiff sustained a loss of Tk. 1,01,063.52 being the value of short delivered of Tallow accordingly made claim to the defenÂdant who made no response. As such, plaintiff filed the suit an......¦â€¦â€¦â€¦Appellants
Vs.
M/s. Lever Brothers (Bangladesh) Ltd……………………………Respondent
Judgment
February 11, 2009.
Result:
The appeal is allowed.
Cases Referred to-
9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194.
Lawyers Involved......the consignment. The defendant vide letter dated 30.7.1979 repudiated the claim and stated that they are not liable for the aforesaid short delivery and as such the claim is not tenable in the eye of law. As the defendants are not at all willing to setÂtled the claim of the plaintiff and since the ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......icer Sylhet Jail about the health condition of the appellant Abdul Momin Sarder and the Division Bench presided over by MM Hoque J after hearing the same called for a medical report as prayed for and accordingly, the aforesaid medical report was sent by the Civil Surgeon Sylhet and after receip......le is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sentenced to suf......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......ct, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons c......the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law......................................(31) The word control means effective control and the wo..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......n
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
United Mineral Water and PET Industries Ltd…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, ......spondents
Judgment
May 13, 2007.
Result:
The Rule is made absolute without any order as to cost.
The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1)
The fiscal law demands strict interpretation and strict application by an authority authorized to apply. The VA..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....e benefit of a private party, and against the public interest…………………………………(24)
Justice delivery system in this part of the world is based on the principle of liberty and justice for all. Public interest litigation means the legal action initiated in a Court of law for t......Hon'ble Prime Minister and thereafter, on approval by the Hon'ble Prime Minister the Cabinet Division vide letter 26‑4‑1998 communicated the decision to the Ministry of Shipping, and the Ministry accordingly, on 28‑4Â-1998, issued the impugned letter of approval to the respondent No. 8; and t......Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accorda......udgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accordance with law and in the public interest and if any action of the government official is challenged, the chall..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......(1969) 21 DLR (WP) 36 and Md. Jamaluddin Vs. Income Tax Tribunal, Chittaogong Branch, Chittagong, (1997) 49 DLR 279. 12. In order to appreciate the submissions of the learned advocate the relevant law before and after the amendment must first be considered. During the assessment year in question,..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......out lawful authority. 10. On the other hand, Mr. Md. Faruk Hossain, the learned Advocate appearing on behalf of the respondent No.2, Bangladesh Krishi Bank, supports the impugned order, which was, according to him just, right and proper. He submits that section 37(1) of the Ain, 2003 provides a t......ner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of the Cou......in, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………………..(15 & 16) The Artha Rin Adalat Ain, 2003 is a special law which is enacted by the National Parliament with an aim to realise the unpaid loan by special me..Category: Civil Law | Date: | Hits: 136
.... Rule.
8. Mr. Mir Md. Joynal Abedin, the learned Advocate for the petitioners submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the ......ve Tribunal, the plaintiff had to institute the present suit for simple declaration.
4. Defendant Nos.1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of es......………………Opposite parties
Judgment
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to e......gate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......spective portion of the suit plot. That from the very beginning the defendants were trying to enter into the suit property of the plaintiff illegally and forcibly by breaking the thatched Fencing and accordingly on 15.6.98 the defendants along with 7/8 miscreants attempted to enter into the suit pro......ent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land…â€......nt injunction this question of disputed title cannot be resolved. The learned Counsel finally submits that in a suit for permanent injunction plaintiff is to prove his prima facie title and exclusive lawful possession in the suit land. The plaintiff miserably failed to prove his title as well as her..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ...... 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ...... the Negotiable Instruments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of exÂchange and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of m..Category: Criminal Law | Date: | Hits: 70
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