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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....e deceased. The learned Joint District Judge rejected the application and maintained the order of abatement of the suit. 3. It is contended on behalf of the appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami Ghosh without looking...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......l Islam J Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ra..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....ehalf of the appellant, after taking us through the plaint, written statement, evidence of DW and different exhibits from the record, contends that the learned Subordinate Judge committed an error of law in passing the decree without awarding any interest pendente lite in his decree as well as inter......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res......……Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The po..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....r. The expression "after considering the statement on oath (if any)" clearly indicates, that examination of the complaint is not mandatory. 19. It appears that the learned Senior Special judge lawfully exercised his authority under clause (a) of the proviso to sub-section 200(1) read with sec...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: Th......f the Code of Criminal Procedure, 1898, (shortly passed by the learned Senior Special Judge, Rajshahi in Case No.9 of 1998 (Special) has been challenged by the complainant petitioner. 2. By that order the learned Senior Special Judge, Rajshahi summarily rejected the complaint and thereby refuse..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....1. Result: The Rule is made absolute. The Value Added Tax Act, 1991 (Act No. XXII of 1991); sections 37, 55 The Value Added Tax Act, 1991 is absolutely a comprehensive and exhaustive law touching upon every discipline categorized under the said Act. The interpretation of the VAT Act......e is also Reported in: 64 DLR (HCD) (2012) 100. ......rit Petition No.8377 of 2009. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....if the tenant thrown out of possession of the premises. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Rezia Sultan & another………………Petitioners Vs. Md. Haroon Malik and another…………………Opposite Parties Judgment March 31, 2011. Result: The ru......rif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3rd Court, Dhaka in Civil Revision No.114 of 2983 affirming order No.35 dated 4-9-1982 passed by the learned Munsif, 6th Court, Dhaka allowing Miscellaneous Cas..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
.... follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved. Generality of expression that may be found cannot be intended to be exposition of whole law but must be regarded as governed or qualified by particular facts of the case in which such expr......: 15 BLT (HCD) (2007) 279. ......d as Chatak Police Station Case No.8(3), 1999. It emerged from evidence of Informant P.W.1 that he himself took up investigation of the case and he performed some investigation and thereafter, on the order of Higher Authority transferred the case to Criminal Investigation Department and Criminal Inv..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
.... Sheik in equal share and therefore the finding of the learned Appellate Court to the extent that the trial Court ignored the S.A. record and decreed the suit in part has no basis to be considered as lawful and that being the only vital reason shows by the Appellate Court, the impugned judgment is l......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District...... to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.” In order to discharge the said onus the plaintiff Sujjat Ali @ Surja Mia as P.W.1 asserted that Jomu Sh..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....d the order dated 8-10-1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No9. 19 of 1987 (Annexure-A (1) should not be declared to have been passed without lawful authority and of no legal effect and why the respondent Nos.3-5 should not be directed to mut......lso Reported in: 17 BLC (HCD) (2012) 511. ......etition No.3229 of 2004. Judgment AKM Abdul Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D)..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....cost of the suit be decreed against defendant Nos.1-7 and in favour of him; (f) Any other further relief or reliefs be passed in favour of him and against defendants which he is entitled under the law and equity. 3. The plaintiffs case put in a nutshell are that defendant No.1 placed a purchas......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ...... Miscellaneous Appeal No.173 of 2005. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant No.3 appellant calls in question the legality and propriety of the Judgment and order dated 27-11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendan..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....became aggressive to each other which is spontaneous and sudden act done without any intention of causing death and as such the charge framed under section 302 of the Penal Code is not sustainable in law and as such the impugned order is liable to be set aside and that the learned Sessions Judge, Mo......e Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge mus......on is necessary to prevent an injustice. The High Court Division seldom interfere in the preliminary stage with the discretion of the Sessions Judge taking action, but when the materials on which the orders are based are clearly insufficient to support those orders, the High Court Division feels bou..Category: Criminal Law | Date: | Hits: 66
....its that the judgment of the trial Court below is shockingly perverse and illegal inasmuch as the said court determined issue No.1 on maintainability of the suit against the established principles of law that all the ejmali properties are to be brought into the Hotch potch of the suit which was corr......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ......er, his step-brothers namely defendant Nos. 1-3 by way of false personification created two deeds of Heba-Bil-Ewaz being Deeds No.7546 and 7547 dated 28.3.1974 in the name of their deceased father in order to grab their deceased father's entire property including 1.32 acres of land previously given ..
Category: Property Law | Date: | Hits: 66
.... in Artha Execution Case No.145 of 2007 by the Artha Rin Adalat No.2, Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule a......BLD (HCD) (2010) 359.
......g notice in the daily "Janakontho" fixing a date on 14.2.2003 for auction but, no bidder participated in the auction and hence, the next date was fixed on 10.8.2004 for steps. Thereafter according to order of the learned Judge of the Artha Rin Adalat 2nd attempt was taken for auction sale of the mor..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....oceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in a maxim which means that when the law gives anything to anyone it gives also all those things without which the thing itself would not...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res...... Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the pr..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....rd together we propose to dispose of the appeal first. 6. Mr. Mrinal Kanti Biswas, the learned Advocate appearing for the appellant submits that the instant suit is misconceived and not tenable in law inasmuch as the averments which have been made in the plaint of the present suit was exactly the......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order dated 30.11.2004 passed by the learned Joint District Judge, Dhaka, in Title Suit No.227 of 20..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
.... impugned letter dated 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-T to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should......e is also Reported in: 61 DLR (HCD) (2009) 693. ......ers…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the said deed dated 17-2-73 which are illegal, without lawful authority; that the 6 decimals of land showing in the aforesaid deeds and showing the defenda...... (2009) 764. ...... Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Inv..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......e is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Refer......g and the parties once again fought upto the Appellate Division and still fighting before the High Court Division in this Revision, arising out of the said suit. The suit was dismissed for default by order dated 2‑3‑1996 for non‑appearance of the plaintiff. On an application of the plaintiff u..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....393 of 1979. In this writ petition it was held that the treatment of the disputed house by the Government as abandoned property within the meaning of President's Order of 1972 was illegal and without lawful authority and of no legal effect. Along with the above direction was also issued to the Secre......Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respo......tification whereby the disputed house was included in the list of abandoned property lost all force with the delivery of Judgment by the Court of Settlement. Under the above circumstances any further order is necessary for reinforcement of the Judgment delivered by the Court of Settlement………..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....88 and on the same date he succumbed to his injury. He brought the death certificate Ext. 10. At the time of his death his name was not known but subsequently it was gathered from his mother‑in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ......……………Appellant Vs. State…………………Respondent Judgment January 31, 1996. Result: The Reference is rejected. The appeal being Criminal Appeal No.1064 of 1992 and Jail Appeal being Jail Appeal No.823 of 1993 are allowed. The Penal Code, 1860 (XLV of 1860)......on accused Mesbahuddin, the jail appeal preferred by the condemned prisoner being Jail Appeal No.823/93 and the Criminal Appeal being Criminal Appeal No.1064/92 preferred by accused Arzan against the order of conviction and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Ca..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rul......upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the p..Category: Procedural Law | Date: | Hits: 71
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