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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. ...... 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. ......absolute. When there is a fair chance of acquittal, a person may be enlarged on bail. Lawyers Involved: S.N. Goswami, Advocate - For the petitioner. Md. Masud Hasan Chowdhury, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.11576 of 2010. Judgmen......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)

....for the petitioners, argues that the Court of appeal below erred in law in dismissing the suit for Specific Performance of Contract on misreading Exhibits 1, 2 and X which has occasioned a failure of justice. Learned Advocate further argues that the Court of appeal below erred in law in assuming tha......hury also prosecuted Civil Revision No. 851 of 1966 in this Court in connection with the grant of probate of the will. Plaintiff could not procure the employment voucher for Samir Kumar Chowdhury and accordingly, he requested the plaintiff to adjust the expenses of the litigation out of the said amo......…. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance......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)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......query, the petitioner came to know that notices under sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in LA Case No. 1 of 2007-2008. Without executing any agreement according to section 13(1) of the Ordinance, the LA ease was started. Notices under sections 3 and 6......s ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. I......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)

....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......23 acre described in Tauji No.10 of the then Mymensingh Collectorate originally belonged to Zamindar Haider Ali Khan Panni and others and the same having formed the saham of Haider Ali Khan Panni was accordingly recorded in his name in the CS Khatian. The suit land along with other land constituted ...... Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Ph.....................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)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......sed the said Rules submitting that by S.R.O No.252 dated 6.8.2000 published in the Official Gazette, the entries Nos.2 and 3 against H.S. Code No.39.01 in S.R.O No.169 dated 8.6.2000 were deleted and accordingly the petitioners, having presented the respective bills of entries after publication of S..................................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. ......000 came into operation. 7. Leave was granted in the following terms:- "The learned counsel for the petitioners 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 Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transferred on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; ......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. ......on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicit......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)

....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......nform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ...... 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)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......titioner and that the said facts would be evidenced from the letter dated 21-4-92 issued by the Ministry of Local Government. Rural Development and Cooperatives to the Upazila Nirbani Officer, Homna, according administrative approval for the acquisition of the property (Annexure-F) and from the lett......…………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II......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)

....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......1A On exercising jurisdiction under section 561A of the Code of Criminal Procedure, the High Court Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash t...... appointed in terms of the provision of section 20(2) of the Anti-Corruption Commission Act, 2004 by way of Gazette Notification, so the entire investigation by an unauthorized officer is totally unlawful for which the proceeding as initiated against the accused-petitioner cannot be continued...

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Ras...... 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 amendment..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....ng the impugned judgment did not advert to the finding and observation arrived at by the trial Court and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He submits that admittedly the suit is barred by section 11 of the Code of Civil Procedure ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......…..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials…………………………..(11) Case Referred to- Hazari Bala Sana Vs. Niron alias Niranjan Mandal, 1997 BLD (AD) 294; Amanatullah Vs. Ali Moha......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)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......nce of Mitakshara School. Nor is there any law that binds everyone to accept any particular school, say, Dayabhaga law. The assesses claimed to have accepted and followed Mitakshara school of law and accordingly, filed returns at least since 1989 as per record and the income tax authorities also rec......against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......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)

....pelled to leave the house of defendant No.1 and, as such, she is legally entitled to maintenance and failure of the Court of appeal below to consider as such is an error of law occasioning failure of justice. 6. Admittedly, the plaintiff No.1 and defendant No.1 entered into marital tie on 8th Feb...... access is of course on the person who alleges it. To rebut the presumption of legitimacy it is competent to negative the fact of sexual intercourse between the husband and wife during the time, when according to course of nature, the husband can have been the father of the child. If the Court is sa....... This provision is based on the English rule that the child born in wedlock should be treated as the child of the man who was then the husband of the mother; unless it is shown that he had no access to the mother at the time of conception. When a child was born during the wedlock, there is an initi...... 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

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......Darjipar, P.S. Lakshimpur are retainable khas land of the plaintiffs. 3. The plaintiffs have alleged that the land constituting the bazar known as Dattapara Chowdhury Bazar was owned by the debuttors created by the predecessor of the Sebaites in favour of the deities long before. This bazar, it......Government from leasing out the two tanks till the disposal of the suit. 5. Defendant No.1 has opposed the application. They have alleged that the bazar in question have vested in Government under law and that the defendant are realising tolls from the bazar and that the bazar has been put to auc..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......010) 441. ......hy the Notice No.31/06 dated 11.7.2006 (Annexure C) issued by the respondent No.2 under section 202(1)(b)(c) (d)(e) and (f) of the Customs Act, 1969 should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to refund ..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)

.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......………Opposite Parties Judgment January 18, 1996. Result: The Rule is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer on their......al of the record it has come to our notice that accused Nos.1‑9 are the residents of Jessore Town and of these accused, accused No.3 Amena Begum and accused No.9 Taslima Begum are the mother‑in‑law and sister‑in‑law respectively of the complainant. It further appears that the case is pendi..

Category: Procedural Law | Date: | Hits: 120

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. .........Petitioner Vs. Bazal Ahmed and 3 others……………………..Opposite Parties Judgment April 2, 1995. Result: The reference is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition a......e naraji petition and as to any points on which he is silent, or on which there may be doubt. If he finds that there is no prima facie reason to distrust and the facts constitute an offence under the law, it would be incumbent on the part of the learned Magistrate to issue process………………�..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ntiff-Petitioner Vs. Md. Shamuzzoha Khan & Others…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Sah......ting was shown to the plaintiff through the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2-4 being members of the ad-hoc Committee and the defendant No.1 being t..

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

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......the Government. His performance is in the nature of a public service first to the people of his constituency and then, to the whole nation, which is not meant or covered by said clause twelfth. He is accordingly first answerable to the parliament and then, to his constituency. He is not made answera......rd of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule is made absolute. Cases Referred to- Haji Md. Mohsin Vs. the State, (1988) 40 DLR 431; Thiru Vs. Thanigachalam Vs. State of Tamil ......der the Notification being SRO No.240. Before the petitioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of law and facts arrested him and implicated him in the ab..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....ape, firearms, explosive substance and drug. On each of the categories of the offences, normal Criminal Courts as well as Special Tribunal are there for trial. The intention of the Act is to do equal justice or even-handed justice to the accused of these offences. Although, in the decision of 55 DLR......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......��…Opposite Party Judgment March 14, 2007. Result: The Rule is made absolute with observations. Why the Druta Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not ...... 35 of the Constitution which provides that an accused of a criminal offence shall have the right of a speedy trial. Speedy trial also has been incorporated in Criminal Procedure Code i.e. the mother law, under section 339C. If section 339C of the Code of Criminal Procedure be strictly followed, the..

Category: Procedural Law | Date: | Hits: 84

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