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Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......sed by the learned Upazilla Magistrate, Charbhadrason in CR Case No. 20 of 1990, convicting the accused petitioner under sections 447/379 of the Penal Code and sentencing them thereunder to suffer RI for two months and six months respectively while acquitting the remaining accused persons. 2....... mischief of sections 447 and 379 of the Penal Code. It has been consistently held by this Court that while disposing of a criminal appeal, the appellate Court is required to formulate the points for determination, the decisions thereon and the reasons for the decision. This necessarily implies that..Category: Criminal Law | Date: | Hits: 60
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......as the Appellate Tribunal arbitrarily fixed the professional income at Taka 70,000.00 and 48,000.00 respectively without any basis and hence this cannot be sustained in law as the same is against the principle of natural justice. Considering the facts and circumstances of the Case and submission mad...... Syed Amirul Islam J.- This reference application at the instance of the Assessee appellant arises out of assessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordin...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..Category: Fiscal/Taxation Law | Date: | Hits: 67
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......tion of Statute. Interpretation on section 1 (2) of the Bill read with declaration made in the Fourth Schedule sought by learned Advocate seems to be an isolated and, as such, is untenable. It is the principle of interpretation of a statute that it shall be interpreted as a whole for carrying out it......r the Respondents. Writ Petition No. 1995 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imp......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ombay Municipal Corporation and others and Vayyapuri Kuppusauni and others Vs. State of Maharastra and others reported in AIR 1986 Supreme Court 180 wherefrom he shows some observations as regard the principle of natural justice. Observation is as below- “In our view the principles of natur......g of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dw......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ......d possession but the Trial Court without considering the evidence on record disposed of the suit on those mistaken statements as recorded. Appellate Court also without properly framing the points for determination and discussing the evidence on record disposed of the appeal by a non-speaking judgmen..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......e submits on the authorities that the concurrent order allowing review does not call for interference by this Division under section 115 of the Code. 9. In reply, Khaled Ahmed submits that the principle enunciated by the Appellate Division in the unreported Case cited by Enayet has no manner ...... plaintiff was dismissed from service under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......pectful or undue hindrance or interruption in the course of judicial proceedings constituting as it does, a challenge to the Court’s authority deserves to be severely dealt with.” The same principle, upholding the authority the Court, applies in this country also. But such extraordinary p......section 480 of the Code of Criminal Procedure, convicting the said accused under section 228 of the Penal Code and sentenced him to pay a fine of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......sense of the term, a Court of law is any duly constituted tribunal administering the laws of the state or nation. In a narrower sense Courts of law are those which administer justice according to the principles of equity. “.........................................................” Civil Courts a......iscellaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
....ion and, as such, the injury being the distortion of fact has been denied. The brothels are the root of spreading HIV, AIDS and other STD’s and various kinds of crime. The brokers are engaged in misguiding and enticing many innocent women and minor girls from the villages and ultimately selling th...... is impliedly prohibited resorting to the constitutional provision that the State shall adopt effective measures to prevent prostitution in Article 18(2) of the Constitution providing the fundamental principles of state policy. The learned Counsel has further submitted that wholesale eviction of the......is Case is also Reported in: 53 DLR (2001) 1.
......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......or is a co-sharer in the case land by purchase and the pre-emptee is a stranger purchaser and the pre-emption case is within time. The only point raised was that the preemption case was barred by the principle of waiver, estoppel and acquiescence but the High Court Division on consideration of the m......Respondent No.1. Not represented-Respondent Nos. 2-9. Civil Review Petition No.119 of 2007. (From the judgment and order dated 17.05.2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.812 of 2004.) Judgment MM Ruhul Amin J.- By this petition the petition...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......titioner upon such promise acted upon it and spent money in filling earth in the said land. On the other hand the respondent No.4, CPA in annexure-W dated 19.06.2001 in an unequivocal terms agreed on principle to lease out the said land to the petitioner and respondent No.5 the controlling authority......ecord-For Respondent No. 3 (In Civil Miscellaneous Petition No.231 of 2008) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by ......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......No.17 of 2009 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. It appears that the High Court Division correctly followed the principle laid down in the case of Nausher Ali Sarder and others Vs. The State reported in 39 DLR ......nstructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In Criminal Petition No.17 of 2009) Not represented- the Respondent (In Criminal Petition No.38 of 2009) Criminal Petition for Leave to Appeal Nos. 17 and 38 of 2009. (From the judgment and order dated 20.07.2008 and 21......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ...... February 16, 2009. Lawyers Involved: Md. Zahirul Islam, Advocate-on- Record-For the Petitioners. AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1768 of 2008. (From the judgment and order dated the 10th day of July...... allowance. The learned Advocate Further submitted that the Title Suit No.254 of 2001 is pending before the Assistant Judge, Patuakhali regarding the question of illegitimate committee which requires determination of disputed question of fact on evidence in the High Court Division ought to have disc..Category: Civil Law | Date: | Hits: 84
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ecided in the instant preemption case, although against the pre-emptor. On these findings, the learned Judge of the High Court Division held that the issue of co-sharership is not barred by the principle of res judicata, waiver and acquiescence, as submitted on behalf of the pre-emptor. ...... Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are th......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......sa fifty one).
8. It was stated here that the respondent submitted its counter claim at the arbitration proceedings only to avoid the payment as claimed by the petitioner. It is a well settled principle of law that no allowance can be made for damages, which are remotely connected with the wr......ucted by Taufique Hossain, Advocate-on-Record-For the Petitioner.
Ajmalul Hossain, QC, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent.
Civil Petition for Leave to Appeal No. 1839 of 2009.
From the judgment and order dated 05.01.2009 passed by the ......tion of filling an application challenging the award. Sub-section (2) of the said Section 43 of the Act has provided for the deposit of the award money in the Court or otherwise secured pending the determination of the application. The rightful dues as recognized by the Arbitration Tribunal be s..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ......assed by the learned Subordinate Judge and the relevant provisions of President's Order No.137 of 1972 and the relevant provision of sections 86 and 87 of the State Acquisition of Tenancy Act and the principle enunciated in the case of A. Mannan and others Vs. Kulada Ranjan Mowali and others 31 DLR ......5. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by ......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......hat the Artha Rin Adalat passed the order for civil imprisonment ex parte without providing any opportunity of hearing to the judgment-debtor-the writ petitioner, which is ex-facie a violation of the principle of natural justice and thus the High Court Division acted illegally in passing the impugne......
Lawyers Involved:
Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 28 of 2008.
(From the judgment and order dated 05.12.2007 passed by t......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......diction. The Speaker’s ruling cannot be challenged in a court of law either directly or indirectly as what takes place within the four walls of Parliament is not open to adjudication by court. This principle was laid down long time back in the case of Bradlaugh Vs. Gossett 1884(12) QBD 271, but it......271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General with Obaidur Rahman Mustafa, Deputy Attorn......to the Speaker, who is under the constitutional obligation, to refer the matter to the Election Commission under Article 66(4) of the Constitution read with the provisions of Act 1 of1981 for the determination of the dispute. 9. It is further stated that three members of the Fifth Parliam..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the o......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......nstant writ petition. The High Court Division also summarily rejected the petition. 4. Md. Nawab Ali, the learned Advocate-on-Record appearing on behalf of the petitioner, submits that the correct principle of law has not been reflected in the order passed by the High Court Division. 5. We hav......………………….Respondents Judgment March 10, 2010. Lawyers Involved: Md. Nawab Ali, Advocate on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 245 of 2009. Judgment ABM Khariul Haque J. - This is a petition for l...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..Category: Banking Law | Date: | Hits: 77
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