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Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ........Petitioners Vs. The State & others …………………………………………Respondent Judgment January 10, 1984. Result: The rule is made absolute. Cases Referred to- Shqfiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 35 DLR (A.D) 127 Lawyers ...... Cr.P.C. the complainant may present an appeal to the High Court Division against an order of acquittal passed in any case instituted upon complaint on any ground of appeal which involves a matter of law only. It is evident that in the instant case an appeal would have lied to the High Court Divisio..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......titioners Vs. Yonus Meah & Others. ..............................................Opposite Parties Judgment February 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co. Ltd Vs. Finsbury Borough ......of section 31 of the Cr.P.C. provides that an Assistant Sessions Judge deemed to be Additional Sessions Judge under the proviso to sub-section (3) of section 9 may pass any sentence authorised by law except the sentence of death and such Assistant Sessions Judge is deemed to have been appointed ..Category: Procedural Law | Date: | Hits: 116
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......are Foundation Order, 1972 (P. O. 94 of 1972) or Muktijodda Kalyan Trust (Welfare) Regulations, 1984 or any decision of the Trust. Some of the petitioners have been getting honorarium from July, 2003 according to a decision of the Ministry of Liberation War Affairs as contained in Memo No. মুঃ......gladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondents
Judgment
November 14, 2012.
Result:
The Rule is made absolute in part.
Case Referred to-
Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mominul Haque Bhuiyan and ......itioners came to know that some other disable freedom fighters had filed Writ Petition No.2183 of 2004 against stoppage of state honorarium, which the High Court Division declared illegal and without lawful authority by judgment and order dated 7.6.2007. Against the said judgment, the Chairman of th..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....of this Court the tender age of the condemned prisoner Rokeya Begum as well as the other attending circumstances may he considered as extenuating circumstances for her and we think that the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris......and at that time she was standing inside the room. Shahidul and his accomplices having been confirmed of the death of Hanif Sarker called Rokeya and said her that everything was finished. Thereafter, according to the premeditation, Shahidul and his two other accomplices fastened her legs, hands ......8 (appellant-Shahidul) and Criminal Appeal No.1247 of 2008 (appellants-Rokeya Begum and another) and Criminal Appeal No.1284 of 2008 (appellant-Nazma Sarker @ Beauty) are dismissed. Cases Referred to- State Vs. Md. Abdur Rashid, 1987 BLD (AD) 73; R.V. Mannu 1909 All 390 FB AIR 1917 P.C. 25; St......the Appellant. Mrs. Hasna Begum- For the Appellant. Md. Aminur Rashid, State Defence lawyer- For the appellant-Kamal. Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sh..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....tion of irrelevant matters assigning artificial reasons then those reasons are likely to be manifestly wrong and perverse and decision arrived at on the basis of such reasons may result in failure of justice. 15. In some cases we have noticed that trial Court acquitted the accused merely because ......llowing grounds have been assigned by the learned Additional Sessions Judge for acquitting the accused holding that the prosecution failed to prove the charge brought against the accused: "1. That according to the prosecution place of occurrence is paddy land but some of the P.Ws. such as P.Ws. 7...... 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judg......e both direct and circumstantial in the background of the respective cases of the prosecution and defence and to separate the grains from the chaff. If the trial Court is swayed by the oratory of the lawyer of a party to the case, as has been seen in this case, and without properly analysing the evi..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
.... Appeal below also erred in law in not awarding improvement cost to the petitioner even if pre‑emption is allowed, and the same has resulted in error in the impugned decision occasioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appearing for the pre‑emptor‑opposi......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......……………………Petitioner Vs. Abdul Khaleque and others……………………Opposite Parties Judgment February 4, 1998. Result: The Rule is discharged. Cases Referred to- Akhlasur Rahman and others Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. ......so a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal was concluded secretly with oblique motives. The sale in question was complete..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....ideration of material evidence on record or mis-construction of any document or the finding are perverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concurrent finding of fact cannot be interfered with by the revisional Court under sect......l in financial crisis, he proposed to sell the lands measuring an area 6.54 acres of land described in the schedule of the plaint to his grandsons and son's wife at a consideration of Taka 2500 and accordingly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8......……Petitioners Vs. AKM Abdul Wahed Chowdhury and others…………………………Opposite Parties Judgment March 23, 2011. Result: The Rule is discharged. Case Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Siraj...... decree in the suit in Title Suit No.45 of 1974 is genuine and summons of that suit was duly served upon the defendants in that suit and they contested the suit by filing written statement engaging a lawyer. He further submits that the Judgment and decree of the lower appellate Court is correct wh..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....self attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case the whole thing starte......who happens to be her brother, before the Mutwalli and there was no case of any illegal appointment or exercise of power without any lawful authority and that she had always managed the Wakf property according to the wishes of the Wakf and there was no question of mismanagement or misappropriation o......………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers Un......is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surmises and conjectures than with reference to the materials on record or to the law on the subject. 2. It appears that an application was filed by one Syed Amir Hossain before t..Category: Trust/Waqf Law | Date: | Hits: 134
.... nullity. It may have given its decision in bad faith. It may have made a decision which it had no power to make. It may have failed in the cause of enquiry to comply with the requirements of natural justice. It may in perfect good faith have misconstrued the provisions giving it power to act so tha...... there is no medicine in stock at the Veterinary Hospital at the time. The complainant also filed a petition to the investigation officer to that effect, yet the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the offence complained of neither com......oner
Vs.
State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Govern......of neither comes within the mischief of illegal gratification nor under any of the provisions of Martial Law Regulation No.11. The Court took cognizance of the offence illegally. He is entitled under law to accept remuneration for private visits and, as such, no case could have been made out against..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......…………Petitioner Vs. Rashida Begum and another……………………………Opposite Parties Judgment December 12, 1995. Result: The Rule is discharged. Cases Referred to- 42 DLR 450; 47 DLR 18; 1971 SCMR 150; PLD 190 SC 197; PLD 1969 SC 187; 1971 SCMR 150. Lawy...... finding no illegality in that order of maintenance. Against thereof this Rule has been obtained by the husband petitioner. 3. Mr. Syed Ziaul Karim, learned Advocate for the petitioner, argues one law point which is, that after the Family Laws Ordinance came into force applications under section ..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....the question of a fresh notice upon the defendants after the restoration of a suit to its original file and number, Mr. Farooque Ahmed, the learned Advocate for the appellant, submits that equity and justice demand that a fresh notice upon the defendants is absolutely necessary for preventing an inj...... that respondents filed a suit for partition before the learned Subordinate Judge, 2nd Court, Dhaka being Title Suit No.399 of 1987, praying for partition of the ejmali properties by metes and bounds according to their shares. Eventually 23‑9‑89 was fixed for hearing of the application for tempo......……………………..Appellant Vs. Yeakuti Begum and others……………………………Respondents Judgment June 4, 1997. Result: The appeal is allowed. Cases Referred to- Mool Chand Vs. Ganga Sahai, AIR 1933 All, 522; Ram Chandra Ramaji Khatik and others Vs. Shaha......appeal. 3. Mr. Farooq Ahmed, the learned Advocate appearing for the appellant, submits that the learned Subordinate Judge was manifestly wrong in passing the impugned orderon an erroneous view of law and the same has seriously prejudiced the appellant. 4. No one appears for the respondents. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....Appeal) by an order No.15/94 dated 12‑1‑94 on the ground that the claim has become time barred under section 33 of the Customs Act (Annexures E and E‑1). 8. The petitioner caused a demand of justice notice dated 11‑6‑94 to be served on the respondents by registered post with acknowledge......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......try of Finance, Internal Resources Division, Bangladesh Secretariat, and others………………..Respondent Judgment March 19, 1997. Result: The Rule is made absolute. Cases Referred to- S A Harroon and others Vs. Collector of Customs,11 DLR (SC) 200; MA Hai Vs. Trading Corporati......xcise (Appeal), Chittagong refusing to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
.... has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of justice. It has been further submitted that the plaintiff petitioner examined as many as 10 witnesse......ment and decree of the lower appellate Court is also liable to be set aside. 10. Having regard to above discussion I find substance in the contention of the learned Advocate for the petitioner and accordingly, I set aside both the judgment and decrees of the Courts below. In the interest of justi......Parties. Civil Revision No.79 of 1989 (Rangpur) Civil Revision No.8450 of 1991 (Dhaka) Judgment Syed JR Mudassir Husain J.- By this Rule defendants opposite parties 1‑4 were called upon to show cause as to why the judgment and decree dated 10‑9‑88, passed by the learned Subordinate......tan Ahmed, the learned Advocate appearing for the petitioner, has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of justice. It has been further submitted ..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......…Petitioner Vs. Tahera Begum Shamima………………………Plaintiff‑Opposite Party Judgment July 26, 1998. Result: The application is summarily rejected. Cases Referred to- Kuppala Krishtappa Vs. Premaleelamani, AIR (29) 1942 Madrass 705; PLD 1961 (WP) Lahore 733. ......se of the maternal grand‑father. 3. Mr. Menhazuddin Ahmed Khan, learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge hearing the appeal fell into an error of law by not holding that the father is the natural guardian for a minor male child above the age of s..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......Commissionerate Dhaka (South) Mohammadpur Division. Subsequently, VAT authority decided to change the VAT identification numbers of the registered persons from eight (8) digits to ten (10) digits and accordingly the petitioner's VAT registration was renumbered to 9131009185. It is also stated that b...... Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: ......ক নীঃ ও বাঃ/২০০০/৩৪৭dated 31-10-2006 issued by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as t..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......161 of the Code of Criminal Procedure and that he had interrogated the accuseds, and that after considering the statements and other materials on record he found a prima facie against the accused and accordingly submitted charge sheet No.164 dated 14-4-2003 under section 19A and 19(f) of the Arms Ac......on) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Masum and others…………………………….Appellant Vs. State…………………………….Respondents Judgment October 7, 2009. Result: The appeal is allowed. Lawyers Involved: Nakib Saiful Islam, with......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......emodeling, repairing, removal or demolition of a building or structure shall be conducted in a safe manner. Suitable protection for the general public and workers employed thereon shall be provided according to the various provisions of the Code. It further specifies that all equipments and safegu......in J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawo......anization committed to protecting and promoting human and fundamental rights of the poor and disadvantaged groups in keeping with the spirit of the Constitution, and striving to establish the Rule of law and good governance in the society by empowering the weaker and vulnerable segments to estab..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....discussions made above it is very much clear that the learned Joint District Judge, 2nd Court, Kishoreganj has committed an error of law resulting in an error in the decision occasioning a failure of justice in allowing the prayer for temporary injunction. There is merit in the Rule. 14. In the r......akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......nt and order 7.4.2005 passed by the learned Senior Assistant Judge, Pakundia, Kishoreganj, in Other Class Suit No.15 of 2005 rejecting a prayer for temporary injunction. 2. Facts necessary leading to the disposal of the Rule are that the opposite party No.1 as plaintiff instituted other Class Sui......ssistant Judge, Pakundia, Kishoreganj praying for a declaration that the Managing Committee constituted with the defendant Nos.1-10 and approved by the defendant No.12 dated 18.12.03 to be illegal, unlawful, void and not binding upon the plaintiff contending, inter alia, that the people of Shalaudi ..Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......the exclusive control and possession of the appellants who were the tenant of Ramij Mia. So the learned Judge of the trial Court after considering the evidence on record rightly found them guilty and accordingly convicted them which calls for no interference by this Court. 11. To appreciate the s......…………………Respondent Judgment February 20, 2006. Result: The appeal is allowed. Lawyers Involved: None appears - For the appellants. Sheikh Rezaul Karim, Assistant Attorney-General - For the Respondent. Criminal Appeal No.97 of 1993. Judgment Syed Mohammad ......reparation of adulterate hair oil and Cosmetics. We find that the conviction and sentence against the appellants are not based on legal evidence and as such the same cannot be sustained in the eye of law. 25. Having considered the facts and circumstances of the case we are of the view that the pr..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
.... step to vacate the order of status quo granted by this Court on 17.09.2008 and this order of status quo is in operation for more then one year and six months. As such we are of the view that ends of justice will be met if the order of status quo be continued till disposal of suit with a direction t......arned Magistrate examined the complainant under section 200 of the Code of Criminal Procedure and directed the Assistant Commissioner (land), Chakaria, Cox's Bazar to hold inquiry and to place report accordingly. 4. The Assistant Commissioner (land), Chakaria, Cox's Bazar submitted report before ......s…………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (1991) 102; Dhirendra Chakrab...... is a chance of the accused-petitioners being prejudiced, unless this fact of possession is determined first by the civil Court, in the aforesaid Other Class Suit No.26 of 2003, whereas the settled law is that the finding of the criminal Court regarding possession of land is not admissible in ev..Category: Criminal Law | Date: | Hits: 54
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