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....to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nomination paper should not be declared to have been made without any lawful authority and of no legal effect.
2. Rule in Writ Petition No.2123 of 1994 was issued at t......ginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Jiban Kumar Barman………………………Petitioner
Vs.
M Abdul Hye, Chairman of the Election Committee and others……………………Respondents
Judgment
August 8, 1996.
Result:
Both Rule......gment
Kazi Ebadul Hoque J. - Rule in Writ Petition No.2122 of 1994 was issued at the instance of the petitioner Jiban Kumar Barman calling upon the respondents to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nominat..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....nabi Vs. Abdus Sattar and others, 36 DLR 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 DLR 200 I observed as follows:- "It is settled law that no person inÂcluding the State has any vested right in the forum, this view finds support ......isdiction) Present: Fazle Hussain MohamÂmad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. ...... was issued on 9-1-83 at the instance of the four accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin calling upon the Deputy Commissioner, Chittagong to show cause why the order of conÂviction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal, Ch..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
.... evidence of as many as 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of the Managing Committee and the Sub-Divisional Education Officer. So the acquittal order was bad in law as well as in the facts and circumstances of the case. 3. On behalf of the respondents it was......ember of the Managing Committee of Giriberchar High School of Goshairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only fr......pondent No.1. Md. Nawab Ali - For the State. Criminal Appeal No. 341 of 1982 Judgment Amin-Ur-Rahman Khan J.- This appeal by the complainant-appellant is directed against the order of acquittal passed under section 258 (f) of the Code of Criminal Procedure by Mr. S. A. Khan,..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
.....Appellants Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by ......ase is also Reported in: 14 MLR (HCD) (2009) 181. ......iple of law as regard the burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies. The party on whom the onus of proof lies must, in order to succeed, prove by the reliable evidence. He cannot, on failure to do so, take advantage of ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has al......Reported in: 16 BLC (HCD) (2011) 327. ......ught to the notice of the Court, it takes effect automatically after expiry of the statutory period mentioned in section 7(4) of the Ordinance......................(26) The passing of judgment and order in Writ Petition is per incuriam when the provision of section 12(1) was totally ignored and i..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
.......
Ed.
This Case is also Reported in:Â
......s.
J. K. Paul, Advocate-For respondent 2.
Writ Petition No. 3403 of 2012.
Judgment
Md. Ruhul Quddus J.-This Rule at the instance of eight freedom fighters was issued challenging an office order of the Ministry of Liberation War Affairs as contained in Memo No.Mu:Bi:Ma:/Pro-1/Bivid-34/200..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....e, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the eye of law.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude furt......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com......nder section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigation by the learned Magistrate in respect of the offence alleged to have been..Category: Criminal Law | Date: | Hits: 124
....102 of the Constitution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition a......tution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect.
2. The facts relevant for disposal of this petition are: The petitione......ed in that case cannot be pressed for issuance of Rule in this case.
For the above discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
..
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... Customs, Customs House, Dhaka i.e. Respondent No.7 so far as it relates to the writ petiÂtion (as contained in Annexure-1 to the writ petition) shall not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t......Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abul Hossain……………………Petitioner Vs. National Board of Revenue and others………………………Respondents Judgment April 8, 2012. Result: The Ru......keeping the same pending for an indefinite period causing a serious hardship to the petitioner affecting his right to profession guaranÂteed under Article 40 of the Constitution. Hence, the impugned order passed by the respondent No.7 (Annexure-I) is liable to be declared illegal, without jurisdict..Category: Fiscal/Taxation Law | Date: | Hits: 177
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is t......s also Reported in: 64 DLR (HCD) (2012) 487. ......Md. Ashfaqul Islam J.- At instance of the petiÂtioner, M/S Shitalakhaya Ice and Cold Storage Pvt. Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No...Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... by Artha Rin Adalat, First Court, Chandpur, Dhaka, in Artha Execution Case No. 28 of 2005 issuing warrant of arrest (Annexure C to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 22-4-......2009) 760. ...... Bashir Ullah Master……………Petitioner Vs. Bangladesh and others……………………..Respondents Judgment November 26, 2008. Result: The Rule is discharged without any order as to costs. A fugitive has no right to seek any kind of redress as against his grievance o..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....Nos.2-4, drawing our attention to the police report dated 28-8-2003, submits that, the learned Magistrate having not taken any cognizance as yet in this case there exists no proceedings in the eye of law and, as such, the question of quashment does not arise at this stage. He further submits that it......r Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Mag...... May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Magistrate must come to a conclusion, after completion of the enqui..Category: Criminal Law | Date: | Hits: 105
....ing of material evidence on record, such findings cannot be interfered with in exercise of revisional jurisdiction. The revisional court only is to see whether the courts below committed any error of law and their decisions have, caused any failure of justice……………….(31)
Cases referred......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......e No.19 of 1981 and case No.88 of 1980.
5. The suit was dismissed by the trial court and against the judgment and decree, the plaintiffs filed Title Appeal No.20 of 1988 and in the said appeal, an order of remand was passed with a direction to settle the title by necessary amendment against which..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ted the parties to appear before him with necessary papers but the defendant No.2 failed to show any papers in support of their title; that on 13-2-91 the defendant No.2 expressed that his brother-in-law, the defendant No.1 was the owner of the land on the basis of the title suit and prayed for affi......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe...... support of their title; that on 13-2-91 the defendant No.2 expressed that his brother-in-law, the defendant No.1 was the owner of the land on the basis of the title suit and prayed for affirming the order of mutation, on 16-2-91. The husband of plaintiff No.1 searched for the suit and on 12-3-91 af..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....lute. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The intention of section 151 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code.......7 LG (HCD) (2010) 142. ......ani - For the Petitioner. Civil Revision No.162 of 2002. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the order No.21 dated 30.08.2001 passed by the Subordinate Judge, 2nd court, Lalmonirhat in Miscellaneou..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ng MT Enterprise (IMO NO.7709136) for breakÂing purpose and the subsequent attempted entry of the said vessel into territorial waters of Bangladesh should not be declared to have been issued without lawful authority and is of no legal effect. The respondents were further asked to show cause as to w......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp......eafter, respondent No.17, the importer, filed Writ Petition No.6262 of 2008 challenging the canÂcellation of the NOC. Respondent No.17 requested the Department of Shipping to conÂduct an inquiry in order to ascertain whether the vessel was carrying any noxious/hazardous materials. Accordingly, on ..Category: Environmental Law | Date: | Hits: 688
Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)
....r section 145 of the Code...............................(4) Lawyers Involved: Md. Mamun Aleem, Advocate - For 2nd Party-Petitioners. Md. Khurshedul Alam, Deputy Attorney General with Delawar Hossain Samaddar, Assistant Attorney General and Monjur Kader, Assistant Attorney General - Fo...... in: 64 DLR (HCD) (2012) 182. ......98 for quashing the Judgment and Order dated 15-2-2012 passed by the Additional Sessions Judge, 3rd Court, Khulna in Criminal Revision No.40 of 2012 dismissing the revision and thereby confirming the order dated 18-12-2011 passed by the Executive Magistrate, 'Ga' Anchal, Khulna in MP Case No.369 of ..Category: Criminal Law | Date: | Hits: 74
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....Ârender to their respective bail bond to server out the remaining period of the sentence forthwith, failing which the trial Court shall take necessary steps to secure their arrest in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned i......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands disÂmissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad......evidence on record as well as the impugned Judgment and then submits that the appellants are innocent and they have been falsely implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
.... Vs. State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of ...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S......eneral with Md. Asaduzzaman, Assistant Attorney General - For the State. Criminal Appeal No.3335 of 2005. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order dated 14-7-2005 passed by the learned Special Tribunal No.7, Narayanganj in Special Tribunal C..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....mmad Ali, Advocate - For the respondent No.8. Md. Abdun Nur, Advocate - For the respondent No.4. Writ Petition No. 5444 of 2007. Judgment Md. Emdadul Huq J.- This Rule is about the lawful authority of a Commissioner of the Dhaka City Corporation in giving a decision on a land disp......al Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Faroque Reza………………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Result: Th...... to give a decision on a land dispute. However he submits that the decision under challenge in the instant case was the out come of the efforts of the parties and the local Ward Commissioner acted in order to reach an amicable settlement and to avoid Court litigation between the parties. 10. We h..Category: Civil Law | Date: | Hits: 74
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