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Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)

..... We have gone through the record and we are of the opinion that there are some evidence in support of the allegation made in the complaint. In this view of the matter we think in the interest of justice the Narazi application be allowed, Final Report submitted by the Police be rejected and th......ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......�………………Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus......s Sultan Ahmed and Hanif informed the petitioner at his house that his shop was set on fire and burnt to ashes. He started for the shop being accompanied by his son Bashir Ahmed, Bachu and brother-in-law Tazul Islam and on arrival there he found his son Faruk dead, being burnt by fire. He also found..

Category: Procedural Law | Date: | Hits: 100

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......�………..Petitioner Vs. AKM Gyasuddin Sarder and others…………………………..Opposite Party Judgment May 03, 2007. Result: The rule is made absolute. Cases Referred to- Md. Siddique and others Vs. Haji Ahmed, PLD 1967 Karachi at 468; PLD 1968, Lahore 367; 57 DLR......iled. 4. The defendants nos.1-8, 10-11 and defendant No.9, contested the suit by written statement denying material allegations made in the plaint and that the suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was..

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is entitled to a decree prayed for in the suit and by decisions of Courts below a failure of justice has been occasioned. II. Plaintiff-Petitioner having asserted her source of title on inhe......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......sak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dhaka and others………………………Defendants-Opposi......daughter of Kala Chand Basak a co-sharer having 5 annas interest in suit property and contesting Defendant having adduced no evidence contrary to that of Plaintiff, Courts below committed an error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....e statues. The learned Counsel in this regard also stressed on the principle of legitimate expectation of a citizen and lastly, he invoked the principles of Audi Alterum Partem that is to say natural justice in matter of fixing the financial burden of the petitioner. The learned Counsel placed his r......an which he got for the construction of the Cinema Hall. 4. That, in the circumstances, the petitioner reduced total number of seats of the Hall from 1023 to 703 with effect from 4‑7‑1985. And accordingly wrote to the Customs authority for grant of permission. But the authority of Customs and...... Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents Judgment March 20, 1994. Result: The Rule is discharged. Cases Referred to- 46 DLR 282; 21 DLR (SC) 225. Lawyers Involved: Shaikh Razzaque Ali, Advocate ‑ For t......rpose of exhibiting films to cinemagoers. It got licence for exhibition under the provision of the Cinematograph Act, 1918 (Act No.11 of 1918). The licence having been accorded under the provision of law by the District Magistrate of the concerned district in the year 1983 the Cinema House continued..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)

....hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......��…Petitioner Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah r......cy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transfer of the suit land on the basis of deeds of s..

Category: Property Law | Date: | Hits: 117

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......icient grounds for proceeding against him the Court may discharge the accused or send the petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2 (A) of section 202 Cr.P.C." 5. The next impugned...... 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opposite Party No.2. AFM Shahid, Assistant Attorney-General - For the State. Criminal Revision No. 40(C) of 1982. Judgment ATM Afzal J.-......nds for proceeding against him the Court may discharge the accused or send the petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2 (A) of section 202 Cr.P.C." 5. The next impugned order is dat..

Category: Criminal Law | Date: | Hits: 110

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....olong mental sufferings of the petitioner. Such conduct of the Respondents tantamounts to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquiry officer ......tations to submit favorable reports for affiliations of their colleges. He next submits that on the basis of complaints made by those Principals, the authority decided to take disciplinary action and accordingly the petitioner was put to suspension and he was asked to show cause by the impugned orde......Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul......nts to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th..

Category: Employment/Service Law | Date: | Hits: 165

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

.... the accused to carry out a joint design. It is held in the case of Muhammad Ilyas and 5 others Vs. State, reported in PLD 190 (SC) 443, relevant page 447. "In such cases, the safe dispensation of justice is not ensured by merely examining each witness's evidence separately and considering whethe...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......e death reference is rejected. The appeal filed by the accused‑appellants Raisuddin, Amanullah, Morshed, Samar, Moula, Shabid, Makbul, Manik, Islam and Ramizuddin, is allowed. Cases Referred to- Muhammad Ilyas and 5 others Vs. State, PLD 190 (SC) 443; Kashmira Singh Vs. State of Madhya P......al, Shahidullah, Siddique, cousin Tayeb Ali, Ranju, Almas, Ishaque and Habibullah while indulged in gossiping at the inner Courtyard of the informants house, suddenly the accused persons forming an unlawful assembly being armed with deadly weapons such as gun, dao, chala, dagger, kirich, etc. surrou..

Category: Criminal Law | Date: | Hits: 104

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

....f evidence or non‑consideration of evidence or the Court acted without jurisdiction. As such, we are of the view that the Courts below have not committed any error of law occasioning any failure of justice in this case and, as such, the impugned Judgment and decree passed by the Courts below do no...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......itioner Vs. Hosne Ara Begum and others......................Opposite Parties Judgment May 8, 1994. Result: The Rule is discharged. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General - For the Petitioner. Md. Zakir Hossain, Advocate ‑ For the Opposite Party No.......the defendant Nos.1 to 4 inherited the property of Syed Abdul Ali and the defendant Nos.1 to 4 were living in this country when ,his deed of agreement was executed. He submits that abandoned property law came into force in February, 1972. But the defendant Nos.1 to 4 as the heirs of Syed Abdul Ali i..

Category: Property Law | Date: | Hits: 157

Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)

....acts and circumstances of the case and on the face of the allegations made in the petition of complaint the proceedings insofar as it relates to the petitioner is liable to be quashed for the ends of justice. We have given our anxious consideration to this aspect of the matter. Section 561A of the C......nd the proceedings in G.R. Case No.46 of 1981 pending in the Court of Sub-Divisional Magistrate, Bhola, Kaberganj insofar as it relates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Repor......ved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul Huq - For Opposite Parties No. 2. Moazzem Hossain, Deputy Attorney General- For the State. Criminal Revision No. 484 of 1981. Judgment Abdur Rahman Ch......thout due care and attention". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no relevancy here and section 529 of the Code cann..

Category: Criminal Law | Date: | Hits: 107

Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....r the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the application for amendment of the written statement. The learned Advocate fu......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......�Petitioners Vs. Moulavi Mukhilisur Rahman and others……………………………Opposite Parties Judgment January 21, 1997. Result: The Rule is made absolute. Case Referred to- 46 DLR 273. Lawyers Involved: Mahbubey Alam with Ali Aminuddi, Advocates ‑ For the Pe......otindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio..

Category: Procedural Law | Date: | Hits: 118

Adamjee Jute Mills Limited & another Vs. Chairman, Third Labour Court, Dhaka and another, 1997, 26 CLC (HCD)

.... illegality in the impugned Judgment to interfere in the same. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 314. ...... illegality in the impugned Judgment to interfere in the same. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 314. ......) 314. ......g upon the respondents to show cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing th..

Category: Labour and Industrial Law | Date: | Hits: 156

Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)

....ed and no remedy is available to the petitioner except the remedy under section 151 CPC in this Division and this Court in exercise of its inherent power can pass order for injunction for the ends of justice preventing the opposite party from evicting the petitioner from the house. Where an alternat......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......urt High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..

Category: Civil Law | Date: | Hits: 121

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....xcept in cases in which the lower Court has "obstinately blundered", or has "through incompetence, stupidity or perversity" reached such "distorted conclusions as to produce a positive miscarriage of justice," or has in some other way so conducted or misconducted itself as to produce a glaring misca......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......nant-Appellant Vs. AHM Mohsin........................................Accused-Respondent Judgment April 20, 2003. Result: Criminal Appeal No.125 of 1991 is allowed. Cases Referred to- Empress of India Vs. Gayadin, (1881) ILR 4 All 148; Queen-Empress Vs. Robinson, (1804) ILR 16......s Court in exercise of appellate power mandated in section 423 of The Code of Criminal Procedure (for short the Code) can hear and dispose of a Criminal Appeal on merit even in the absence of learned lawyers of parties and, as such, we, in the exercise of our appellate authority, heard the appeal in..

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....Ali, Deputy Attorney General, appearing for the petitioner submitted that the High Court Division illegally disturbed finding of the fact arrived at by the trial Court; that the Principle of Criminal justice has not been followed in this case and, as such, interference by this Court is necessary; th......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......Karim J Md. Joynul Abedin J Md. Hassan Ameen J The State……………….................Petitioner Vs. Md. Mobarak Ahmed Chowdhury ……………….... Respondent Judgment October 4, 2007. Result: The leave petition is dismissed. Lawyers Involved: Syed Haider Al......holding trial convicted and sentenced the condemned prisoner for the offence committed under Section 302 of the Penal Code. 3. The condemned prisoner was defended in this case by the State defence lawyer Md. Habibur Rahman. The defence of the condemned prisoner is that he was insane or to say uns..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....s undervalued only for re-conveyance to the vendor as the High Court Division made the Rule absolute thereby allowed the Preemption Miscellaneous Case No.54 of 2000 illegally occasioning failure of justice; that the learned District Judge found that the market value of the case land was much highe......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he Petitioners. A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record- For Respondent No.1. None represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek leave to ......-emption is liable to be dismissed. 4. Mr. Abdus Salam Khan, learned Counsel, appearing for the petitioners submitted that the lower appellate Court as the last Court of fact committed no error of law in passing its judgment and rightly rejected the pre-emption case reversing and setting aside th..

Category: Property Law | Date: | Hits: 88

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......trate and Deputy Collectors. On the basis of the aforesaid recommendation, the Counsel Committee took decision on 25.10.1978 to effect promotion to the appellants i.e. promotee officers and they were accordingly granted promotion on 22.3.1982. On 10.6.1982, three months after the promotion granted t...... Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by A. S. M. Khalequzzaman, Advocate-on-Record- For the Appellants. (In Civil AppealNo. 199 of 2000) Fida M. Kamal, Additional Attorney General, instructed by M. B. Hossain, Advocate -on-Record- For the Appellants (In Civil Appea...... have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this common judgment ..

Category: Employment/Service Law | Date: | Hits: 149

Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

....t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ......ding on the charges levelled against the delinquent and if on inquiry the delinquent is found guilty of the charge, the authority is the sole judge as to what sort of punishment should be awarded and accordingly any recommendation made by the Inquiry Committee in respect of punishment to be awarded ......, 2007. Result: The petition is dismissed. The Government Servants (Discipline and Appeal) Rules, 1985; Rules 10(8) In a departmental proceeding the role of the Inquiry Committee is only to help the authority in arriving at a correct and impartial finding on the charges levelled against......e present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent, which can not be sustained in law………………………………………..(6) Case Referred to- Chairman, Bangladesh ..

Category: Labour and Industrial Law | Date: | Hits: 832

M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)

....der of Waqf Administrator for handing over the charge to the Mutawalli to the petitioner and hence the impugned judgment and order of the High Court Division is liable to be set aside for the ends of justice. The learned Advocate further submitted that the High Court Division ought to have considere......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......ted by Mrs. Mahmuda Begum, Advocate-on-Record- For the Petitioner. Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.550 of 2006 Judgment Mohammad Fazlul Karim J. - The petitioner seeks Leave to App......by the petitioner. 4. Mr. Abdul Momen Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is wrong, improper, bad in law and without considering the real facts and circumstances made the Rule absolute. The learned Adv..

Category: Trust/Waqf Law | Date: | Hits: 117

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245....... No.1 in reply to the above submission, contends that the opposite party No.1 was not a defaulter in the repayment of the Krishi Bank loan as he repaid the entire loan on 8‑12‑91 and submits that accordingly his nomination paper was duly declared valid by the Returning Officer. 12. Admittedly......J Kabiruddin Ahmed..............Petitioner Vs. Akmal Hossain and others............Opposite Parties Judgment August 20, 1995. Result: The Rule is made absolute. Cases Referred to- Ansar Ali Vs. Chief Election Commissioner and others, 45 DLR 379; Abu Taher Miah Vs. Farazudd......ons made in the petition and asserting that he repaid the loan with interest accrued thereon and he was not a defaulter as alleged and contended further that election petition was not maintainable in law as the same was not filed within the time prescribed for by the Union Parishads (Election) Rules..

Category: Election Law | Date: | Hits: 301

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