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Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......in respect of the plaintiffs claim. He further submitted that the plaintiff filed the suit on 12-1 -2002 but the defendants have taken a plea that the last date for filing the suit was 10-1- 2002 and accordingly the suit was time barred. In this regard Mr. Khan Saifur Rahman, Advocate appeared on be......ding Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 4...... on 6-5- 2001 when the vessel was arrested in Singapore and on 23-5-2001 when the US$ 1 million was furnished and finally on 10-10-2001 when the order dated 10- 9-2001 was served upon the plaintiff's lawyers in Singapore. 7. The defendant Nos. 1-4 entered appearance in the suit and filed a writte..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
.... or to suspend or dismiss any person it is required to issue a show cause notice. Without issuance of any show cause notice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Cas......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The N......etition No.689 of 1998. Judgment Qazi Shartuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenged these two ..Category: Employment/Service Law | Date: | Hits: 100
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......cate appearing for the added respondent No. 3, Bangladesh Shilpa Bank (BSB), supports the impugned judgment and decree and order dated 1-10-2006 passed by the Artha Rin Adalat No. 1, Dhaka which was, according to him correct, just and proper. He submits that the instant writ petition has filed by th......e Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54...... Case No. 658 of 2005 arising out of judgment and decree dated 3-3-2005 passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the r..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....aggrieved person should prefer an appeal on receiving the order of cancellation in the normal course of events and should not prefer writ petition. Without preferring appeal, serving notice demanding justice, is an absolute bereft of the approved procedure…………………………(12) Whethe......missioner (Land), Savar, Dhaka, respondent No. 3, one Mr. Syed Lokman Ahmed, Additional District Magistrate, Dhaka gave notice to the Petitioner Nos. 2 and 3 as well as respondent Nos. 6, 7 and 8 and accordingly, both petitioners and the respondents appeared before the respondent No. 3 and submitted...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......hinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law full authority and is of no legal effect. 2. Facts relevant for the disposal of the Rule, in ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ng to support his case, purportedly acting under the undue influence of the Respondent No.2 and 3, submitted a biased and motivated report on 20.5.1996 against the petitioner in complete disregard to justice and fair play. Thereafter, by a notice dated 26.5.1996, Respondent Nos.2 and 3 asked the pet......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......wful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ontending, inter alia, that the petitioner was supplied with a copy of the report of the Inquiry Committee and the dismissal order dated 5.6.1996 was passed after observing all the formalities of the law for the purpose. The Respondents having no Service Rules of their own they usually follow and ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......eals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this decree cannot evict the defendants whose pos......arriving at the finding in respect of Ka schedule land, there was no material in the hand of the learned Judge. Mr. Khan elaborately submits that, Court can infer anything which is permissible in law but Court can not brought into existence any subject which has no existence. Learned Advocate,..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ity men. 7. The learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka after completion of the trial found the appellants guilty of the charge under sections 302/34 of the Penal Code and accordingly convicted them there under and sentenced them to suffer rigorous imprisonment for life a......……….Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantial......ll substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human memory i..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......mption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on ......d sub-sections to give effect with the supposed intention of the legislature. The Court has also no jurisdiction to assume delegated legislative function and if the meaning of the words used in a law or Rule is clear, the Court cannot re-arrange the words to convey a meaning which the legislat..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....poses specifically mentioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inhe......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......bsp; The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court a...... a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quo ipsa esse non potest" which means that "when the law gives anything to anyone it gives also all those things without which the thing itself could not..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... I find that this case is absolutely of a civil nature to be decided by a competent civil Court. Further, the accused petitioners are claiming their title on the basis of registered document which, according to them, is genuine and bonafide. In such a criminal proceeding they, standing in the ca......ord When there is contradiction in between the documentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consideration of evidence and come to a decision on the basi......; 467 Decision on the basis of the Materials on Record When there is contradiction in between the documentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consid..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detention as contemplated in the Special Powers Act be resorted to in detaining a person in custody. In a case where specific criminal charge has been levelled......When there is a specific case against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventi..Category: Criminal Law | Date: | Hits: 66
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....ent and vital evidence; and (2) the appellate Court itself requires that some vital evidence should be adduced by the parties. The object of this opportunity as rendered by the provision is to render justice to the party deprived off from adducing suchevidence. It is correct to say that the technica......emption rendered, under the provision of section 96 of the State Acquisition and Tenancy Act, to a contiguous land holder is available to the pre-emptor which the Courts below has correctly found and accordingly passed order for pre-emption which is not liable to be interfered with by this Court. ......is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......tiguity in between the land owned by the pre-emptor and the transferred land. But both the Courts below without considering the same passed the impugned judgment and order thereby committing error of law in the decision occasioning failure of justice. 10. The learned Advocate Mr. Haroon-or-Rashid..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......riginally belonged to respondent No. 2, Bhawal Raj Court of Wards for and on behalf of Kumar Rabindra Narayan Roy Chowdhury and his sons in sixteen Annals permanent Jamindarirights and CS Khatian was accordingly, prepared in their names. In 1336 BS, said land was settled with one Radha Sham Banik by......overnment of People's Republic of Bangladesh and others ……………………………Respondents
Judgment
May 20, 2008.
Result:
The Rules are made absolute with cost.
Case Referred to-
Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (AD) 13; Anwara Begum Vs. Noorjahan ......n, upon an application respondent No. 2, the Settlement Officer under Rule 42 of said Rules set aside the appellate order and asked the Appeal Officer to hear and dispose of the appeals afresh as per law and rules. Accordingly, the appeal were heard and allowed.
20. The present Rule was obtained ..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......nce on record does not establish that, when Panna was shot to death by Ershad alone, the appellants Faruque, Idris Ali, Jalil, Alain and Moti were vicariously liable for the death of Panna. In short, according to Mr. Malek, the prosecution has not been able to prove that the condemned prisoner Ersha......spot and a person can be killed without any pre‑plan……………..(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold...... Nos.1211 of 2000 and 1296 of 2000 are dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......municated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......………………………Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of ..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......ultivation is contained in the লবন মহাল ব্যবস্থাপনা নীতিমালা which was issued in the form of a circular dated 30.03.1992. He further submits that according to the Nitimala an application for lease has to be made to the Deputy Commissioner and the...... Result: The leave is granted. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Rajik-Al-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7.......on Parishad and was not entitled to get lease of the Government property; that the Deputy Commissioner duly arranged inquiry of the land and complied with the required formalities of the provision of law in making the recommendation for approval of the lease and thereby committed no illegality. ..Category: Civil Law | Date: | Hits: 182
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......06. Result: The appeal is dismissed. The Partition Act, 1893 (Act No. IV of 1893), section 4 A co-sharer of a dwelling house has an irresistible right under Section 4 of the Partition Act to resist a stranger from coming to an undivided dwelling house and has a protected right to buy up ...... not at all justified in decreeing the suit as he failed to properly consider the material facts of the case and evidence on record. The learned Advocate submits that the learned trial Court erred in law in decreeing the suit without taking into consideration the vital fact that all the joint proper..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......ctions 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in section 320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be construed strictly……………………........ before conviction for the offence of grievous hurt can be passed, one of the injuries defined in section 320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be construed strictly……………………..(18) It is an establ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....cate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natural justice, (ii) why the orders of suspension dated 25.10.2008 passed by the Syndicate should not be de...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... The Jahangirnagar University Act, 1973 (Act No. XXXIV of 1973), section 12 A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of the Synd......nder section 44 of the Jahangirnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inq..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......l' District Judge within the definition of "District Judge" by legal fiction or by parity of reasoning. One of the fundamental principles of interpretation of statute is that they are to be construed according to their general and literal meaning and no words should be imported into an enactment whi...... July 12, 2010. Result: The rule is made absolute. The Bangladesh House Building Finance Corporation Order, 1973, (PO No.VII of 1973); Article 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'Distric......ny doubt that the provisions are made with intent to expedite realization of arrear loan from the borrowers in default. The provisions are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law ..Category: Property Law | Date: | Hits: 127
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