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....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
......tached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and the opp......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)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......to be appointed as Additional Sessions Judge has the power to hear appeals, revisions references and reviews if they are made over or transferred to him by sessions Judge. To get the answer of this question, we may profitably refer the decision of Full Bench of the High Court Division (Comilla) i......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..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......terest in respect of Fisheries, Ferries and all that which includes Maowa Ferry Ghat , therefore, by operation of the State Acquisition and tenancy Act all authorities in respect of the Ferry Ghat in question vests with the government without any encumbrance and in such view of the matter, authority......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......ounter affidavit filed by the State opposite-party that when the Rule has been pending the necessary sanction for taking cognizance of the case has been given by the Government. 17. Now the question is what will be the consequence of the subsequent sanction for taking cognizance as ha......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..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......rted into court of appeal or revision. It is only where stannory remedies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ......ppe Bati" was not seized by the investigating officer. It may be a fault on the part of the investigation officer. But such inadvertent omission has not materially affected merit of the case. No question has been raised by the defence side in this respect at the time of cross-examination of ...... 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..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
.... 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions are identical one arising out of Motijheel PS Case No. 140 date 29-3-2007 corresponding to ACC GR Case N......erted into Courts of appeal or revision. It is only where statutory remedies are entirely ill suited to meet the demand of extra ordinary situations that is to say where vires of a statute is in question or where the determination is malafide or where any action is taken by the executives ......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..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)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......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..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....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. ......ions are enforced in order to achieve fairness. Thus where it was argued that a previous practice of giving an oral hearing gave rise to a legitimate expectation of a hearing, the court said that the question was whether the official in question had acted unfairly and in the circumstances the decisi......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)..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ...... 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..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... 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 ..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
......ng the application filed by the petitioner under section 33(2) for setting-aside the auction sale. The learned Advocate further submits that the writ jurisdiction is not maintainable for deciding the question of fraud and material irregularity in publishing and conducting the sale in auction, w......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..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......18 of the Penal Code. The allegations against these accused petitioners also comes within the purview of the section 5 (2) of the Prevention of Corruption Act. 1947. He further submits that these are question of facts need to be decided by adducing evidence at the trial court and this court exe...... Since all the applications under section 561A and have challenged the same proceeding, all the applications were heard together and by a single judgment these 4 Rules were disposed of. 8. Short facts relevant for the purpose of disposal of the Rule, in brief, are that one Mir Md. Joynul Abedin..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ......o Boalmari PS case No.08 dated 15-2-2007 under section 420/406/109 of the Penal Code now pending in the Court of Additional Chief Judicial Magistrate, Faridpur should not be quashed. 2. The facts relevant for the disposal of the Rule, in short, are that on 15-2-2007 one SI Mozi-bor Rahman,..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......urt. 4. Mr. Abdul Wadud Bhuiyan, learned counsel has taken us to the agreement, the judgments and the material evidence on record and argues that on a plain construction of the agreement in question there is no doubt that the parties have intended the time as the essence of the contact and......should be paid on the signing of the deed and, in default of payment within the stipulated time, the earnest money would be forfeited and the vendor would have the right to sell the land. In the facts of the given case, their Lordship were of the opinion that section 55 of the Contract Act does..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ......seek remedy before the civil Court, not in the instant writ petition. The findings arrived at and the decision made by the High Court Division having been based on proper appreciation of law and facts do not call for interference. Accordingly, this civil petition for leave to appeal is dis..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....nter-affidavit has no manner of application in the instant suit since the suit land does not attract the papers inasmuch as, the mention of plot numbers as appears in the papers produced are not identical with that of the suit plots. Apart from this, under Order XLI, rule 23 of the Code of Civi......evant CS Khatians, RS Khatians, SA Khatians, plot index and the certified copies of the approved Sketch Map (Kalami Naksha) of the government and those papers were duly marked Exhibits. The pertinent question in the instant suit is, as to when the suit property reappeared from the garb of the river ......ned Assistant Judge, Muladi, Barisal in Title Suit No.106 of 2005 should not be set-aside and/or pass such other order 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 a nutshell can be stated thus, the land measuring 1.92 ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ......apex Court that the said time limit for submission of the police report is directory in nature having no consequence upon the proceeding itself. It does not create any legal bar to proceed. As to the question of requirement of the sanction, the learned Advocate submits that prior sanction is only ne...... to his known source of income. These are allegations against the accused-petitioner brought by the prosecution. Though the accused-petitioner does not admit those allegation to be true, the disputed facts are not supposed to be resolved in this forum. The accused-petitioner shall get opportunity to..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ......oted as aforesaid also clearly indicate that under the circumstances disclosed above no writ petition can be maintained as in the instant one. 13. Question of maintainability is a pertinent question which has to be decided initially before entering into the merit of the case in detail and ......ion disputes must wait pending completion of the election and be taken to the special forum created under the Election Law itself for their resolution, almost invariably there will arise dispute over facts which cannot and should not be decided in an extraordinary and summary jurisdiction ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....e for any particular goods by the Government, in absence of which the determination of minimum value as done in the present case is wholly without lawful authority. 4. Moreover, the assessments of identical goods as referred to in annexure-A having not been done within 90 (ninety) days prior to s......Ishrat Jahan, Assistant Attorney General-For respondent No.1. Writ Petition No.4251 of 2004. Judgments Md. Ruhul Quddus J.-This rule nisi at the instance of an importer was issued calling in question the order dated 03.06.2004 of the Customs authority passed in nothi No.S-2/69/ Misc./AP/Sec......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
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