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Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....akandi, Bogra in Eviction Suit No.57 of 1997 dismissing the suit, should not be set-aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in short, is that the present opposite-party Nos.1-12 as p......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......o be dismissed with cost. 11. Upon the above pleadings, the trial Court framed as many as 6 issues to dispose of the suit whereupon the plaintiffs examined 6 witnesses and filed some documentary evidences which has been marked as exhibits-1 to 6 and the contesting defendants examined 4 witnesse..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....tion that a legitimate expectation cannot be defeated by the executive action unless public interest clearly requires negation of such an expectation can be given effect to by the Court only when the facts of the case clearly and unambiguously give rise to such a expectation. 17. Further to tha......bsp;of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....of the Artha Rin Adalat similar to the provisions contained in section 19(2) of the Ain. Given that scenario, it is this Court's considered view that it was open to the defendant in the facts and circumstances to explore possible avenues of redress otherwise available under t......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a......nguage as used in the aforesaid section we find that the date fixed for hearing of the case necessarily means a date falling after the filing of written statements under section 10 of the Ain in evidence of a suit being actually and duly contested by the defendants. Thus section 19(1) is not at..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....petition for leave to appeal is directed against the order dated 6-1-2011 passed by the High Court Division in Writ Petition No.10044 of 2010 summarily rejecting the Application
2. The facts, leading to the filing of this petition, in brief, are:
The leave petitioner as the writ-......in J
Siddiqur Rahman Miah J
AHM Shamsuddin Choudhury J
Taposh Malaker..............Petitioner
Vs.
Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……………………………&h......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
.... dismissing the appeal and affirming the judgment and decree dated
23-11-2005 passed by the learned Assistant Judge, 1st court in Title suit No.313
of 2005 rejecting the plaint.
2. The short facts leading to this petition
are that the respondent No.1 as plaintiff filed original suit No.313......Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
Mohammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition......espondents
Judgment
May 6, 2013.
Result:
The leave petition is disposed of.
Can the High Court Division finally adjudicate any case without
giving chance to adduce evidence when there is a charge of submitting false papers
against the plaintiff?
The suit..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....Md. Nuruzzaman J.- This application has been filed by the appellant petitioners for re-admission of the instant appeal, which was dismissed for non-prosecution on 28-1-2013. 2. The relevant facts as has been stated in the instant application, in short, are that the appellant-petitione......bsp; ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....of the lower authorities in imposing and/or affirming the higher value on the goods in question are set aside. In the result, the CRF value stands. 27. With the above discussions of law and facts, the questions as raised in the aforesaid appeals are answered in the following terms: 1)......ur Rahman J Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. Result: The Custo......authority which passed such decision or order with such directions as the Appellate Tribunal may think fit, for a fresh adjudication or decision, as the case may be, after taking additional evidence, if necessary. (2)....................................... (3)......................Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Bureau Veritas (BIVAC) Bangladesh Ltd………………...........Appellant
Vs.
Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents
Judgment
April 24, ......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....lat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No.2, Bangladesh House Building Fi...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hasan Arif J Abdul Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: Th......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......17
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....Magistrate, Chandpur in CR case No.37 of 1986 convicting the appellants under section 147 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 30 days only. 2. The facts as set out in the Criminal Petition No.219 of 2000, in short, are that the complainant lodge...... Court Appellate Division (Criminal) Present: Mohammad Anwarul Haque J Siddiqur Rahman Miah J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Tajul Islam and others .........................Appellants Vs. Billal Hossain and another ................ that the case has been falsely filed so as to put pressure upon the accuseds and for forcible eviction of the accuseds from their hut. 7. The learned trying Magistrate on consideration of the evidence of the witnesses and other materials on record was pleased to find the petitioners and 6(s..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....ow pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the instant Rule are as follows;— On 25-2-2011 SI Zahidur Rahman of......t: The Rule is disposed of. Cases Referred to- Sayed Ahmed Vs. the State, 10 DLR (SC) 12; State of Goa Vs. Babu Thomas, (2005) 8 SCC 130; Baij Nath Prashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... non-examination of seizure list witnesses in whose presence the alleged dao/wearing cloths were seized has made the entire prosecution case unworthy to believe and non-consideration of above vital facts has caused serious miscarriage of justice. 13. Now let us delve into the merits o...... Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Jail Appeal No.3 of 2007. (From the judgment and order dated 21st November, 2005 passed by the High Court Division in Death Reference No.105 of ...... made an extra-judicial confessional statement in respect of commission of offence immediately after his arrest but it was made in presence of police officer and, as such, it is not admissible in evidence. But the fact remains that a sharp cutting Dao which was used in committing the murder, w..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....e matter of adjudication of all these writ petitions are identical in nature we are going to write single judgment which will govern all these writ petitions referred to above. 3. The facts, relevant for disposal of the Rule is that the petitioner along with another were implicated i...... in: 65 DLR (HCD) (2013) 181 ......e absolute without any further discussion. 6. Moreover, the sanction as has been given under section 32 read with Rule 15 of the Anti-Corruption Commission Act, 2007 does not bear the evidence of satisfaction of the Commission which is required by law before issuance of the sanction ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....th Court, Dhaka in Civil Revision No. 242 of 2009 reversing those of dated 19-7-2009 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 323 of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petition...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the......iff to the suit if the further & better statement is accepted has nothing to lose rather he has sufficient scope to controvert the pleadings of the defendant by adducing oral and documentary evidence (if any), but if the defendant is deprived from furnishing better particulars in the form o..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....o.9675 of 2008 making the Rule absolute with a direction that respondent Nos.1-88 be absorbed in the revenue budget of the appellant with their arrear salaries and benefit. 2. The facts involved in this appeal, in a nutshell, are that SIP (Slum Improvement Project) (second phase)...... The appeal is dismissed. Legitimate expectation The root of the principle of legitimate expectation is constitutional principle of rule of law which requires regularity, predictability and certainty in Government's dealing with the public…………&helli......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
.... with Criminal Appeal No.839 of 1996 rejecting the death reference and dismissing the criminal appeal with the modification of sentence of death to that of imprisonment for life. 2. The relevant facts are as follows: 3. The father of the informant (P.W.1) was residing as tenant in the hous......hellip;………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence......n falsely implicated in the instant case and she had not committed the offence. 7. The Additional Sessions Judge, Fifth Court, Dhaka after considering the facts and circumstances of the case and evidence and materials on record found the accused-person guilty of the charge under section 30..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... No.39 of 2003 allowing the appeal and reversing the judgement and decree dated 10.03.2003 passed by the Joint District Judge, Narayangonj in Title Suit No.102 of 1999 dismissing the suit. 2. The facts of the case, in brief, are that the petitioner-plaintiff instituted Title Suit No.102 of 1999 ......; Muhammad Imman Ali J Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents Judgment March 1, 2013. Result: The petition is dismi......t maintainable in its present form and manner. Hence, the suit was liable to be dismissed. 4. The trial Court upon consideration of the evidence on record dismissed the suit by the judgment and decree dated 10.03.2003 holding the suit t..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....ould not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts leading to the issuance of Rule, in short, is that the respondent No. being financial institut......rul Haque J
Md. Badrzzaman J
Sayeda Kamrun Jahan Chowdhury.....................Petitioner
Vs.
Judge, Artha Rin Adalat No.1, Court Hill, Police Station-Kotwali, District-Chittaong and others................Respondents
Judgment
February 26, 2013.
Result......ot maintainable for deciding the question of fraud and material irregularity in publishing and conducting the sale in auction, which are essentially a question of fact to be determined on taking evidence and could not be conveniently dealt with in writ jurisdiction. In support of his submission..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
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