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Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....It is also worth noting here that, the same test has been applied to determine the directory and mandatory nature of a provision of a general as well as special law. Looking yet from a different, but relevant, aspect we find that, "procedural laws are designed to serve the ends of justice and not to......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......e, as motion, and obtained the instant rule. 8. The learned Advocate Mr. Md. Tapan Kumar Bapari, appearing on behalf of the accused-petitioners, after drawing our attention to the F.I.R. and other documents on record mainly contends that, as stated in the F.I.R. the date of occurrence is 19.04.20..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....ed Advocates submit that since this appeal rests on law point, it is not at all necessary to go into the detailed facts of the case. We also hold the same view. It is, however, pertinent to quote the relevant portion of the Judgment of the Appellate Division in case of Anti-Corruption Commission Vs.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......il bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....ct or section 8 of the Suit Valuation Act or Order VII Rule 11 (b) of the Code of Civil Procedure as argued by Mr. Rokanuddin Mahmud, the learned Advocate for the petitioner. 22. On perusal of the relevant provisions of law and the decisions cited by the learned Advocate for both the parties, I d......ri Prashad Narain Deo reported in AIR 1958 Patna 129. 10. I have heard the submissions of the learned Advocates, perused the civil revision petition along with the orders under challenge and other papers annexed therewith, the counter affidavit and the decisions cited by the learned advocates whi......o Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up for hearing no one appears on behalf of the petitioner.
3. The facts of the case relevant for the disposal of the Rule, in brief, are that the petitioner as plaintiff instituted the......udge put his signature on it after marking those documents as exhibits. Thus it is clear that those documents were not filed in the Title Suit No.303 of 1978 which tells upon the genuineness of those papers. Thus, I cannot but to hold that the aforesaid ex-parte decree has got no leg to stand upon. ......130.
......ppellate Court that on assessment of the evidence on record, he affirmed the Judgment of the trial Court on arriving, at a decision that the plaintiff-petitioner did not take any attempt to prove his documents of alleged settlement formally before the Court.
13. It appears from the deposition of ..
Category: Property Law | Date: | Hits: 82
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....nts and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an offence relating to drug under any other law. For better appreciation, the relevant section 32 (3) of the Drug Act is quoted below: “32. (3) Nothing contained in this cha......e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ....... - I agree. Ed. This Case is also Reported in: ......ge the appellant cannot be discharged on such a defense plea, when a charge sheet has been filed after proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of la..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....enal Code and sentencing him thereunder to suffer rigorous imprisonment for seven years with a fine of Taka one thousand in default to suffer rigorous imprisonment for further six months. 2. Facts relevant for disposal of the appeal, in brief, are that one Sufia Khatun (P.W.1), a widow lodged a c......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......rney General - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Sess......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......mply because he belongs to police force or, was a member of the raiding party. 10. Our common experience is that in most of the arms cases, the seizure list witnesses say that they signed on blank papers and did not see recovery of any arms. In these days people do not dare to stand against illeg......ant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....ivil petiÂtion has been filed seeking leave to appeal against the judgment and order dated 19.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4014 of 2008. 2. The relevant facts necessary for disposÂal of this civil petition for leave to appeal, in short, are as......was ultimately disposed of by a Single Bench of the High Court Division by the impugned judgment and order. 6. The High Court Division, upon hearing both the parties and considering the releÂvant papers found out that the earlier Title Suit No.159 of 1966 was dismissed by the judgment and order ......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury and ot......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No......at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394...Category: Property Law | Date: | Hits: 72
....itioner to handover the posÂsession of the case fisheries (Kawnai Nadi Chaunai Nadi Part) popularly known as "Kalapani" and "Kawnai Nadi Group" to the respondent No.4 of the writ petition.
2. The relevant facts, in brief, are that the fisheries named "Kawnai Nadi Group" and "Kawnai Nadi Chaunai ......d of the High Court Division, be communicatÂed to the Chief Judicial Magistrate, Sunamganj for taking action as per direcÂtion made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
......Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Judgment
March 30, 2011.......6-1420BS and thereby discharged the Rule.
8. We have considered the submissions of the learned counsel of both the parties, perused the judgment and order of the High Court Division as well as the documents and the materials on record. Admittedly the petitioner was granted a lease for 5 years for..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....this Court and obtained the present Rule. 7. Mr. A. S. M. Abdur Razzaque, the learned Advocate appearing for the defendant-petitioner in the course of argument after placing the impugned order and relevant materials on record including the application for rejection of the plaint submits that the ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,......dalat most illegally decreed the suit ex-parte against the petitioner without considering whether the power of attorney or mortgaged deed was executed by the present plaintiff-opposite party or those documents were genuine or not whatsoever. The learned Advocate to fortify his argument relied on the..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
.... This petition for leave to appeal is directed against the judgment and order dated 08.12.2010 passed by the High Court Division in Writ Petition No.3742 of 2004 discharging the Rule. 2. The facts relevant for disposal of the leave petition are as follows:- The petitioner was employed on 01.0......d order of the High Court Division. 7. We have considered the submissions of the learned Counsel for the petitioner and perused the impugned judgment of the High Court Division and other connected papers on record. 8. We note from the judgment of the High Court Division that the submissions ma......d Imman Ali J Md. Momtazuddin Ahmed J S.M. Kamaluddin………………………………………………………….................Petitioner Vs. Chairman, First Labour Court, Dhaka and others......................Respondents Judgment December 15, 2011. Result: The pet......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....ey according to their respective share as per Muslim Law of inheritance. But the High Court Division did not accept this view of the trial court. The High Court Division took into consideraÂtion the relevant service rules namely "Deed of Trust and Rules of Bangladesh Red Crescent Society Employees ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... section 5 of the Family Courts Ordinance only between the litigants who are Muslim by faith." We may simply say that since both the parties before us are Muslim by faith, this point is not at all relevant for the purpose of disposal of the present Rule. 7. Section 3 of the Family Courts Ordin...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......e Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
.... and submitted audit report and statements on requisition by the Deputy CommisÂsioner of Taxes.
The Deputy Commissioner on an examination of the statement of accounts, the balance sheet and other relevant documents and papers and on hearing the assessee in details determined the total income of ......port and statements on requisition by the Deputy CommisÂsioner of Taxes.
The Deputy Commissioner on an examination of the statement of accounts, the balance sheet and other relevant documents and papers and on hearing the assessee in details determined the total income of the assessee at Taka 19......the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench.
2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberatio......itted audit report and statements on requisition by the Deputy CommisÂsioner of Taxes.
The Deputy Commissioner on an examination of the statement of accounts, the balance sheet and other relevant documents and papers and on hearing the assessee in details determined the total income of the asses..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....ts or gains shall be computed after making the allowances or deduction that are to be deducted under section 10 clause (XVI) mentioned in details. For our purpose the provision of clause XVI would be relevant which provided that any expenditure not being in the nature of capital expenditure or perso......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......€¦â€¦â€¦â€¦.Respondent Judgment June 30, 1994. Result: The finding of the Taxes Appellate Tribunal was not justified. Cases Referred to- ITR No. 1574 (Bom) of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Uma......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... not be thwarted or interrupted at an interÂlocutory stage but should be allowed to proÂceed to the final determination by the Court as to the guilt or innocence of the said person according to the relevant law applicable to the case. In appropriate case, however, the Court should not be deterred ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......is Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....act that though the plaintiffs produced the origiÂnal Kabuliyat and the sale certificate and certified copy of the writ of delivery of possession taking them from P.W.1. Yet they did not produce the relevant counterfoils of these dakhilas. P.W.1 stated that the counterfoils were very likely with hi......t was made to a person who did not appear to have been appointed as a Tahshilder. The learned SubÂordinate Judge thereafter considered the quesÂtion of non-production of the landlord’s collection papers and made the following observation in respect there of: "Last but not the least, is the fa......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... plaintiffs at any stage. The trial Court and the Court of first appeal positively negatived the plea of the settlement by disbelieving the Dakhilas Ext. 4 series, and holding them to be fabÂricated documents. The learned Judges of the High Court, however, expressed their view that the learned Addi..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....ties, set aside the said order as being without jurisdiction and directed the learned SuborÂdinate Judge to dispose of the entire suit within two weeks from the date of the receipt of the order. The relevant observation of the learned Judges was to the following effect: "The order dated 7-5-77 f...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Musammat KhaleÂda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......Âchase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......ase is also Reported in: 30 DLR (AD) (1978) 27. ......t was contrary to the evidence on record. The Court of appeal below does not appear to have committed any error of law or proÂcedure in coming to the finding that the disÂputed Kabalas were genuine documents and the said finding appears to be based on proper appreciation of the evidence on record...Category: Property Law | Date: | Hits: 102
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