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....udgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accordance with law and in the public interest and if any action of the government official is challenged, the chall......e is also Reported in:55 DLR (2003) 171.
...............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are i..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....(1969) 21 DLR (WP) 36 and Md. Jamaluddin Vs. Income Tax Tribunal, Chittaogong Branch, Chittagong, (1997) 49 DLR 279. 12. In order to appreciate the submissions of the learned advocate the relevant law before and after the amendment must first be considered. During the assessment year in question,......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......and Md. Zakaria Sarker, Assistant Attorney-General - For the respondents. Writ Petition No.6768 of 2001. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....in, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………………..(15 & 16) The Artha Rin Adalat Ain, 2003 is a special law which is enacted by the National Parliament with an aim to realise the unpaid loan by special me......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di......etitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is discharged with observation. In order to determine the question whether the provision is mandatory or directory, it is the duty of t..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......eported in: 13 MLR (HCD) (2008) 410. ......y-General -For the respondent. Criminal Appeal No.3608 of 2000. Judgment Md. Abu Tariq J.- This criminal appeal is directed at the instance of the convict-appellants against the judgment and order of conviction and sentence dated 14.11.2000 passed by the learned Additional Sessions Judge, 7..Category: Criminal Law | Date: | Hits: 86
....gate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ......n
(Civil Revisional Jurisdiction)
Present:
Salma Masud Chowdhury J
Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners
Vs.
Md. Abdur Rahman and another………………â......tion of the rules or procedures, mala fide and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entertain a suit and can well investigate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....nt injunction this question of disputed title cannot be resolved. The learned Counsel finally submits that in a suit for permanent injunction plaintiff is to prove his prima facie title and exclusive lawful possession in the suit land. The plaintiff miserably failed to prove his title as well as her......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,...... the case having been concluded on finding of facts as such no interference is called for under Section 115(1) of the Code of Civil Procedure. 18. In the result, the Rule is discharged without any order as to cost. 19. The order of status-quo in respect of possession of the suit land granted e..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
.... the Negotiable Instruments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of exÂchange and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of m......s Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the ca......ion under section 241A of the Code of Criminal Procedure praying for discharge contending that the complainant took the loan on the basis of mortgage and paid the same. 6. The learned Judge by his order dated 03.05.2007 was pleased to reject the said application under section 241A of the Code of ..Category: Criminal Law | Date: | Hits: 70
.... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......) 257.
......ond knowledge of the applicants and the notice for eviction is illegal and without jurisdiction.
10. We shall address this point later.
(4) This is an application for review of the judgment and order dated 24 and 25 of June, 2009 and the order dated 24.1.2010 at the instance of Mollah Salt (Tr..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu......8 of 2008. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the convict Sobhan Munshi, was issued calling upon the opposite party to show cause as to why the impugned Judgment and order of conviction and sentence dated 17.11.2003 passed by the Special Tribunal No.3, Munshiganj in..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
.... Helaluddin alias Pearu, Nur Alam alias Nurul Alam, Lalu and Shaflque were absconding their answer on the charge could not be recorded. The absconding accuseds were duly defended by the State defence lawyer. 3. At trial the prosecution examined 11 witÂnesses to substantiate the charge against th......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a......Chowdhury and Nurul Bashar Bachhu, the accomÂpanying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the informant in order to save their lives and property made gunshots causing bullet injuries at least on 2 dacoits. ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
.... on 10-1-1964. Since then, this defendant is in possession. This defendant having come to know of the aforesaid certificate case, purchased the suit land in the name of Muslim Bhuiyan, his brother-in-law. That auction has been confirmed. Thereafter, this defendant having in need of cash money, sold ...... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First Appea...... recorded as possessor. The said lands of district survey No.75 and MRR No.95, for arrear of rents, were put into auction in Certificate Case No.15930/1960-61. Having need of cash money, the original orders, by concealing the aforesaid fact, sold certain land of dag Nos.513 and 514 to this defendant..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....unds stated in the petition. The petition was taken up for consideration on 24.9.84. It appears that the A.P.P. subÂmitted that there was no bar in proceeding further in the case and cited some case laws with reference to section 249 Cr.P.C.. The Additional Sessions Judge, however, apparently disag......site-Parties Judgment December 3, 1985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 339C In a number of cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical co......n application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....cording to P.Ws.3, 4 and 5, said full brother Amir whose nonÂproduction and non-examination cuts the connecting links. He submits that victim slept alone in his ghar as his wife was in the father-in-law's house as per first information report (Exhibit 1). She was also a vital witness to give light ......his Case is also Reported in: 55 DLR (HCD) (2003) 699. ......BM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys-General-For the State. Criminal Appeal No.966 of 1993. Judgment Md. Abdul Quddus J.-This appeal is directed against judgment, order of conviction and sentence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions..Category: Criminal Law | Date: | Hits: 93
.... of 2002.
Judgment
Md. Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment.
2. The petitioners a...... 55 DLR (HCD) (2003) 691.
......Board of Revenue and that in the meantime pending bills of the PSI Agencies should be paid on condition that they would clear all VAT dues in accordance with law when the matter would be resolved. In order to release the pending bills the petitioners gave the undertaking as required on 25‑3‑2001..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
...... numbered as Miscellaneous Case No.28 of 1995.
F. In the said Miscellaneous Case Chameli Glass Works represented by its proprietors had been made opposite parties through their Attorney by Court's order dated 26.6.2005.
G. M/s. Chameli Glass Works represented by their proprietors had not been ..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ...... 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could ......eral - For the respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Khaled J.- This Criminal Appeal under section 30 of the Special Powers Act, 1974, is directed against the order dated 29.6.2006 passed by the learned Judge of the Metropolitan Special Tribunal No.7, Dhaka i..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....t section to the present scenario. 12. Against the background stated above, the question before us is whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. T......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: ......udgment Md. Emdadul Huq J.- This revisional application under section 439 of the Code of Criminal Procedure, 1898 (shortly the Code of 1898) is about the legality and propriety of the judgment and order dated 31.10.2004 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.14 of ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....ntested the suit by filing a joint written statement denying the material allegations made in the plaint and contending that the suit is not maintainable in its present form and the case is barred by law of limitation and the plaintiff has got no possession and the defendants were possessing the lan......urt High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Md. Abdul Latif being dead his heirs Mosammat Zahura Bewa and others…………….Petitioners Vs. Mohammad Ali and others…………………..Opposi......t, Kurigram in Other Appeal No.36 of 1993 affirming those dated 31.5.93 passed by the Assistant Judge, Fulbari in Other Suit No.23 of 1989 (Partition) should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The opposite party Nos.1-3 a..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....ing for stay order was not at all justified and entertain able. The object of section 344 of the Code of Criminal Procedure is not commensurate with the prayer for stay in the present case. Policy of law is that the criminal case should be disposed of with the least possible delay. Even mere pendenc......ven mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to postp......usa Khaled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 11-4-2007 passed by the learned Additional Metropolitan Sessions Judge, First Court, Chi..Category: Procedural Law | Date: | Hits: 128
....es to that effect have to be made before the Administrative Tribunal………….(9)
A person in the service of the Republic who intends to invoke fundamental right for challenging the vireos of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek re......nal Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is disch......ioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is discharged without any order as to cost.
The Constitution of Bangladesh, 1972, Articles 102 and 117
Any violation of ..
Category: Administrative Law | Date: | Hits: 494
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