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Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....ľ দেন।” 66. We have observed, albeit with some astonÂishment, that based on such flimsy evidence noted above, as well as taking a grossly misconceived and erroneous view of the relevant provisions law, the learned Additional Judge, In-charge, Mymensingh not only found the appellant gui......onclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedure during which he pleadÂed his innocence and claimed to be tried in accorÂdance with law. 9. Upon conclusion of trial, the learned AddiÂtional Sessions Judge, In Charge, Mymensingh ..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......ly Welfare dated 5-7-2010 the Civil Surgeon, SunamÂganj, issued ante-dated appointment letters. So, the disputed appointments given by the Civil Surgeon, Sunamganj, are liable to be declared without lawful authority. 9. The respondent No.1 entered appearances in this Writ petition but he did not..Category: Employment/Service Law | Date: | Hits: 148
....d Requisition of Immovable Property Ordinance, 1982. Section 13 of the Acquisition and Requisition of Immovable Property Ordinance runs thus:
"13. Acquisition of part of a house or buildings.- The provisions of this part shall not be applied for the purpose of acquiring a part only of any house, ......Deputy Commissioner, Chandpur and others……………………….Respondents
Judgment
June 3, 2007.
Result:
The Rule is discharged.
In the absence of original documents, a court of law cannot rely on Photostat documents only as those documents do not have any evidentiary value und..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....uit property left this country for India before 1965 without disposÂing of the suit property to any body in any manner and thereafter the suit property has been declared as vested property under the provision of Defence of Pakistan Ordinance, 1965 and Rules made thereunder and accordÂingly the Gov...... the property as vested property the Government should take over the possesÂsion or listed the same in the census list, but it started the V.P. case in the year 1988 which has no value in the eye of law and as such the same is illegal and void. . . Since the law on enemy property itself died with t..Category: Property Law | Date: | Hits: 96
....ecÂtion' was later cancelled. In the meantime the possession of the entire concern Taj Jute Backing Co. Ltd. has been handed over to the Respondent No.3 Uttara Bank though the Court, pursuant to the provision of Artha Rin Adalat Ain, 2003 and as such this rule is liable to be discharged.
7. The ...... the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of responÂdent No.5 and others in Taj Jute Backing Company Limited should not be declared to have been made without lawful authority andis of no legal effect and/or to pass such other or further order or orders as to..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......51 B.S. were acted upon, but the Appellate Court without properly adverted to the evidence has reserved those findings and that judgment being not a proper judgment of reversal has committed error of law which is an error in the decision occasioning failure of justice. He further contended that issu..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....ion, 1972 to leave the country and go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or re-entering the country. Furthermore, under t......late Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…â..Category: Constitutional Law | Date: | Hits: 147
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......icial Magistrate, Naogaon. 2. Prosecution case, in short, inter alia, is that on 28.3.09 one Md. Dasharat Ullah lodged an FIR with the Manda Police Station alleging that on 26.3.09 his daughter-in-law Parvin took 20/25 ripe tomatoes from the land of his uncle Md. Rafizuddin thereby caused family ..Category: Criminal Law | Date: | Hits: 87
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... is said to be void under section 2(j) of the Contract Act. All contracts are agreement but all agreements are not a contract. 10. Under the clause (a) of section 4 of the Specific Relief Act, the provisions of the Act do not give any right to relief in respect of any agreement which is not a con......1965 and 31st July, 1966 said to have been executed by Samir Kumar Chowdhury were forged and collusive. The plaintiff along with his brother Ershad Ali was influential persons and taking advantage of lawlessness after the liberation of Bangladesh forcibly entered into the suit property and evicted t..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....yor, DCC for releasing his 0.64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No. 1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10-4-2008. On query, the petitioner came to know......071 of 2008 Judgment SM Hossain J.- Writ Petition Nos. 1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/2007-2008 to ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....ere further relaxed by the Mussalman Wakf Validating Act, 1913. Under the Act it was lawful for a person professing Muslim faith to create a waqf which in all other respects is in accordance with the provisions of Muslim law, amongst others, for the maintenance and support wholly or partly of his fa.....................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary im..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....nery operating under the Customs Act for realizations under VAT Act as well and section 6(1) is only playability and not imposition or levy of the VAT. There is a clear distinction between chargÂing provisions of a statue and the machinÂery part thereof and it is also well settled principle that m......000 came into operation. 7. Leave was granted in the following terms:- "The learned counsel for the petitionÂers of the leave petitions submitted that High Court Division fell into an error of law in not considering that section 4 of the VAT Act though provides the effective date for collecti..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......d multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same cause of action in different Courts; (vi) Where common questions of law and fact arise in two suits; (vii) Where considerable section of public is interested in the ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
.... Customs Act, 1969 (Act No. IV of 1969); section 73 Whenever vessel comes into the territorial water of Bangladesh with the Bangladesh bound cargo it must discharge the same in accordance with the provisions of Section 73 of the Customs Act 1969……………..(23 & 24) The term "discharg...... the Cargo yet the Cargo cannot be delivered to him. 9. The learned Senior Advocate Mr. M Hafizullah, contends that the vessel is now facing hug financial prejudice as it has been arrested without lawful cause by the plaintiff. 10. The learned senior Advocate Dr. M Zahir, appearing on behalf o..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....o satisfy us from the record that the Deputy Commissioner authorized the land acquisition officer to issue such letter or the law empower, that Land Acquisition Officer to issue such letter under the provisions of section 3 of the Ordinance the Deputy Commissioner has to say whether the property in ......ntention without formation of any opinion as to the purpose of the acquisition the entire proceedings should be vitiated and, as such, the acquisition proceedings should be declared to be without any lawful authority………………………………(20) Cases Referred to- Sankar Gopal Chatt..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....e instant case against the petitioner is absolutely illegal and thereby instant proceeding is liable to be quashed. He further submits that the Investigating Officer was not appointed in terms of the provision of section 20(2) of the Anti-Corruption CommisÂsion Act, 2004 by way of Gazette Notificat...... appointed in terms of the provision of section 20(2) of the Anti-Corruption CommisÂsion Act, 2004 by way of Gazette Notification, so the entire investigation by an unauthorized officer is totally unlawful for which the proceeding as initiatÂed against the accused-petitioner cannot be continÂued...Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....………..Opposite Parties Judgment April 10, 2012. Result: The Rule is discharged. The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any pro...... The Rule is discharged. The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendÂment..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....is discharged. The finding of fact as well as law, whether concurrent or not, arrived at by the lower appellate Court, which is the final Court of fact, is binding on the High Court Division, as a provisional Court except in certain exceptional circumstances, such as non consideration or misreadi......desh...................Petitioners Vs. Abdul Malek……………………..Opposite Party Judgment March 18, 2007. Result: The Rule is discharged. The finding of fact as well as law, whether concurrent or not, arrived at by the lower appellate Court, which is the final Court of..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....most erroneously that the Ordinance shall override the Hindu law particularly Mitakshara Hindu law, which is personal law of a vast majority of Hindus in the subcontinent without any reference to any provision of the Ordinance. 23. Sub-section (7) of section 2 of the Ordinance defines the word, '......ment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return of income is so filed on behalf..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
.... both born during the continuance of a valid marriage between his/her mother and the father, a conclusive presumption of legitimacy, in the absence of evidence of non access between the parents. This provision is based on the English rule that the child born in wedlock should be treated as the child...... proved that at the date of birth of the child a valid marriage existed between the mother of the child and the father. Where a man and woman are proved to have lived together as husband and wife the law will presume, unless the contrary be clearly proved, that they were living together in consequen..Category: Family Law | Date: | Hits: 114
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