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Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
.... learned trial Court as well as the appellate Court did not give any finding as to the taking/delivery of possession to the plaintiff by the defendants and that the appellate Court committed error in law in allowing the appeal without giving any finding as to whether the plaintiff was able to prove ......wn the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......peal No.23 of 1996 reversing those dated 27.04.1996 passed by the learned Assistant Judge, Bhedargonj, Shariatpur in Title Suit No.11 of 1993 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follo..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....he signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to th......ion (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: ......tes - For the respondent No.12. Writ Petition No.4763 of 2009. Judgment Moyeenul Islam Chowdhury J.- A Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. স্থাসবি/ইপ/অভন-০৩/২০৭/৩২৯ dated ..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into the complainant's h......upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rahman and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………...... The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of discharge. He has to comply with certain requirements. He must assign cogent reason and..Category: Procedural Law | Date: | Hits: 78
Advocate SM Zafor Sadik Vs. Md. Kamruzzaman and another, 2009, 38 CLC (HCD)
.... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ......rt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Momtazuddin Ahmed J Advocate SM Zafor Sadik…………..Petitioner Vs. Md. Kamruzzaman and another …………….Respondents Judgment July 2, 2009. Result: The petition for ...... contempt Rule against them. We only pray for their salvation. With these observations, this petition for contempt is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 737. ..Category: Civil Law | Date: | Hits: 112
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....nd obtained sanction of the government to prosecute the accused and thereafter an conclusion of the investigation, submitted charge‑sheet against the accused‑appellant under the above sections of law. The accused was arrested earlier but on his prayer he was granted bail. The case records were t...... No.724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in......724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in Spe..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....t conclusion of the trial but speaks about conclusion of the proceeding. 5. In that view of the matter period upto 27‑8‑89 cannot be excluded from the proceeding of the special case. Since the law makers consciously used the word proceeding in the aforesaid section 8(a) in contradiction to th......ndment) Act (XIII of 1987) that the trial of the case having not been concluded within a period of 2 years from the commencement of the said Act on 20‑1‑87 the proceeding was liable to be stopped and the accused‑petitioner released. The learned Divisional Special Judge acted illegally in not s......ed‑petitioner released. The learned Divisional Special Judge acted illegally in not stopping the proceeding and releasing the accused-petitioner inspite of his filing application for the purpose by order dated 22‑2‑90. 3. It appears from the order dated 10‑12‑86 that the proceeding of t..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....t no one furnished any indemnity bond for the release of the cargo. The defendant vessel arrived at Chittagong Port on 30‑3‑96 and it is stated in the plaint that the defendant Nos.1 and 3 had no lawful authority to deliver the cargo to any one without the production/surrender of the shipping do......531. ......…………………………………….(30) In an action in rem under Admiralty Jurisdiction the proceeding is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....ildhood of them. Trial Court after vivid discussion of the evidence on record, both oral and documentary, believed the case of the plaintiff and decreed the suit. 6. It is the settled principle of law that trial Court always has an opportunity to consider the litigation from a very close dimensio......ment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part the......t sustainable in law. 16. In the result, the Rule is made absolute. The Judgment and decree of the appellate Court are set aside and those of the trial Court are restored. The suit is decreed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of t..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....ssain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of the country. 2. Initially the five taskforce security officials, who, as it transpired,......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is dis......e alleged to have assaulted a Bangladeshi-born British citizen namely, Barrister Rezwan Hossain, and why the concerned authorities will not be directed to inquire into and take appropriate measure in order to prosecute those involved in the incident both departmentally and under the penal laws of th..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....separate written statement denying all the material allegations made in the plaint. 5. The case of the defendant No.1 are that the suit land was the khas land of Ex-landlords which by operation of law vested with the Government. The Government is now exercising its right of possession in the su......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The......gh Court Division wrongly held that the lower appellate Court had found possession of the plaintiff in the disputed land, as such, Judgment of High Court Division is not sustainable. The Judgment and order of the High Court Division as well as the Judgment and decree of the tower appellate Court are..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....2 Cr.P.C. for linking of the accused appellants with the crime and thereby to enable the accused appellants to explain the circumstances appearing against them. This being the mandatory provisions of law the accused appellants have been seriously prejudiced and as such the accused appellants should ....... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......neral - For the State. Criminal Appeal No.3024 of 1998. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused-appellants is directed against the impugned judgment and order dated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Ses..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....erty" or 'dominion over property' of other person. But such 'entrustment with property' or 'dominion over property' may be acquired 'in any manner' as stipulated in section 405 of the Penal Code. The law markers, out of their wisdom, used the expression 'in any manner' instead of 'in a lawful manner......lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper......r section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts leading to filin..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....erson duly authorized either by Government or Bangladesh Bank as required under section 23 of the Foreign Exchange Regulation Act, 1947 and that police lodged the FIR which is unauthrized and without lawful authority. It is further contended by the defence that a person is authorized to keep upto $5...... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse......ousand) in default of which to suffer further 3 (three) months simple imprisonment and confiscating the foreign currency in favour of the state should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. The accused-petitioner and others we..Category: Criminal Law | Date: | Hits: 109
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....007 issuing warrant of arrest (Annexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and section 56 of the Code of Civil Procedure shall not be passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is......ourt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Osarunnessa………………………..Petitioner Vs. Bangladesh and others………………………Respondents Judgment March 12, 2012. Result: The Ru......suing warrant of arrest of the petitioner for realizing all dues and the Court issued warrant of arrest as prayed on 25-1-2011 (Annexure-B and B 1). 4. The petitioner was arrested on 5-6-2008 vide order No.8 dated 3-4-2008 and thereafter on 27-11-2008 the Court released the petitioner since she s..Category: Civil Law | Date: | Hits: 134
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... Shah Waqf Estate appointing receiver till disposal of the proceeding under section 32 of the Waqf Ordinance 1962, hereinafter in brief the Ordinance, should not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi......ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. R......oner. No one – For the Respondents. Writ Petition No.1694 of 1989. Judgment Md. Ruhul Amin J.- Petitioner has obtained this Rule calling upon the respondents to show cause as to why the order dated 28‑11‑89 (Annexure‑E to the petition) passed by Respondent No.1, Administrator of ..Category: Trust/Waqf Law | Date: | Hits: 85
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....name of the petitioner in the place of seller MM Khan and Co (Pvt) Ltd in respect of two vessels, namely, 'FVT Salsabil' and 'FV Zanjabil' (Annexure-E) shall not be declared to have been made without lawful authority and is of no legal effect and as to why the respondent No. 1 shall not be directed ...... Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule ......ection 4, 5, 8 and 11 of the Ordinance because power and authority of the Director under the Ordinance have been curtailed. Pursuant to impugned Memo Annexure- D, respondent No. 1 refused to pass any order on an application dated 27-1-2009 filed for mutation and endorsement of transfer of the two ve..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....n with the criminal case. Accordingly, she contends that, since admittedly the petitioner has been a fugitive from justice at the time the Rule was issued is barred from seeking any protection of law. Accordingly, she submits that it is liable to be discharged accordingly. 2. Pursuant to the ......ivision (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J SM Siddiqur Rahman, Advocate…………………………Petitioner Vs. Anti-Corruption Commission and others…………………………Respondents Judgment November 27, 2011. Result: ......ging the impugned Memo dated 18-2-2007 preferred the instant writ petition by giving Power of Attorney to one Advocate SM Siddiqur Rahman without surrendering before the concern Court below. From the order dated 25-4-2007 passed by this Hon'ble Court it appears that pursuant to the impugned Memo Spe..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
....essor in interest of the petitioners are different. The defendants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in preliminary form vide Judgment and dec......r at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without considering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting to Taka 34,16,344, office entertainment expenditure ......he appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the assessee are subject ......Application No.485 of 2005. Judgment Zinat Ara J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee-application arises out of an order dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income..Category: Fiscal/Taxation Law | Date: | Hits: 107
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....e, as projected in First Information Report and unfurled during trial is that P.W.1 Police Inspector Faruque Ahmed on 10.5.1996 received a secret information to the effect that a gang of notorious outlaw of Badal Bahibi being armed with fire arms were staying in the house of one Habibur Rahman of vi......……………Appellant Vs. The State………………………….Respondent Judgment November 24, 2004. Result: The appeal is dismissed. Differences between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecuti......eneral - For the State. Criminal Appeal No.2385 of 1998. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of accused appellant Ful Mia, is directed against the judgment and order dated 30.7.1998 passed by the learned Judge of the Special Tribunal No.3, Bagerhat in Special ..Category: Criminal Law | Date: | Hits: 79
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