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Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e. But the respondent did not pay attention in this respect against which the petitioner moved this Division under Article 102 of the Constitution and obtained the present Rule. Almost under the same facts and circumstances, the Rule in other two writ-petitions was issued. 9. Mr. Mosharraf Hossai......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ......it to the Deputy Commissioner of Taxes for re-assessment where such re-assessment was required. On receipt of the audit, the Deputy Commissioner of Taxes used to made assessment after considering the evidence, i.e. regular assessment under section 83 or best judgÂment assessment under section 84 of..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......nt: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2002. Result: The Rule is dis......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....wshan Hasan Banu. He had no male child. Respondent No.3 i.e. Helal Khan, in his film falsely projected Hason Raja to have had a son and that if the film is allowed to be screened with those distorted facts, the image of the saint would be seriously impaired. Mr. Khan also quoted some assertions made......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....nnot lead to the conclusion that their statements regarding the dates of possession and dispossession of the plaintiff from the suit land are turtord and cannot be relied upon. 12. Considering the facts and circumstances of the case, I am of the view that the trial Court did not apply its judicia......CD) (2008) 279. ......onjectures resulting in an error in the decision occasioning failure of justice. He next submits that the plaintiff has succeeded in proving the case beyond reasonable doubt by adducing and producing evidence, both oral and documentary which the trial Court did not take into consideration illegally...Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
....son for a period of six months and issuing warrant of arrest (Annexure-D 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 the respondent No.2, Sonali Bank, as plaintiff instituted Artha ...... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Nitai Kumar Mondol………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule ...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....a facie case under certain penal provision has been proved against the accused persons, without disclosing the allegation of fact constituting the said offence. Such a statement, unaccompanied by the facts constituting the said offence, which is nothing but a mere opinion of police officer concerned......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....trict Judge, 1st Court, Pabna, in Title Appeal No.45 of 2003 affirming those dated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a sui...... This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....e signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998 which is now pending in Artha Rin Adalat No.1 Chittagong. 2. The material facts necessary for disposal of this rule are as follows: Wahed Jute Mills Ltd. availed loan faci......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not mainÂtainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....nal written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the facts and circumÂstances decreed the suit. Being aggrieved and disÂsatisfied with the judgment and...... Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... some trees and constructed some Kutcha huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the fa..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....or the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard together and are being d...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....ir and also about direction facing which accused Abul Khair was standing at the time of giving dagger blow on the chest of the victim Julfu Master. He argues that above question on above subjects and facts were put with ulterior motive to get some obliging reply in order to create some cloud as to t......………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with......eport, Form, PM report, Map and Index were marked Exhibit 1, 1A, 2, 3, 3A and 4. 8. Blood stained earth, Panjabi, Sandals, ganji, Lungi and chadar were marked Material Exhibit 1‑1(e). 9. Upon evidence as above learned court Âbelow found accused Abul Khair guilty under section 302 Penal Code..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....le 10(2) of Order 1 of the Code of Civil Procedure is, no doubt, one of judicial discretion but such discretion has to be exercised according to sound judicial principles keeping in view all relevant facts and circumstances of the case. Order 1 rule 10(2) CPC provides for addition of "necessary" or ......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....(SC) page 149 relevant page 199 paras 28 & 29 while dealing with the matter of consultation has gone to the extent of making observation that consultation does not mean concurrence. 34. In the facts and circumstances discussed above and point of law involved we are unable to accept the submis......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e law is clear on this point. Section 101 of the Evidence Act provides as follows: “Whoever desires any court to give judgment as to any legal right of liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the ex......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......d Assistant Judge framed as many as 6(six) issues including an issue as to whether the suit was barred by limitation (issue No.4). Having heard the parties and their Counsel and having considered the evidence and materials on record, the learned Assistant Judge, Chatkhil dismissed the suit by judgme..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....gistrate on going through the case diary took cognizance and thereby has not committed an illegality. He also submits that the provision of section 191 of the Code has no manner of application in the facts and circumstances of the present case before us. 6. Admittedly accused Fazlul Karim has not...... Case is also Reported in: 50 DLR (HCD) (1998) 325. ......or submitted an application before the Magistrate to summon the accused persons to face their trial for the offence under sections 307/114 of the Penal Code. The Magistrate thereupon went through the evidence on record against the accused and upon that issued orders summoning them under the said sec..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....er Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is conc......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
....e Jitendra Nath Howlader Vs. Sree Bisweewar Howlader & ors). It is submitted that this decision has followed the principle of law enunciated in 23 DLR case. The learned Advocate contends that the facts leading to the decision reported in 23 DLR and the facts of the present case before us are sim......so Reported in: 50 DLR (HCD) (1998) 311.
......e done by him, in favour of opposite parties 1-3 and, as such, the petitioner is not entitled to get an order of pre-emption.
4. Before the trial Court both the sides produced oral and documentary evidence in support of their respective cases. The learned Subordinate Judge by his impugned judgmen..
Category: Property Law | Date: | Hits: 113
Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)
....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ....... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......r that the aforesaid gifts were validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holding that the gifts were properly made,..Category: Property Law | Date: | Hits: 85
....on and other punishment. Clause 16 provides that whenever a Collector shall see cause to recommend the removal, suspension or other punishment of a Government Pleader, he shall submit a report on the facts of the case to the Legal Remembrancer through the Commissioner, and the Legal Remembrance shal......Mozammel Hoque J
Md. Abdul Matin J
Kazi Mokhlesur Rahman……………………………………………………………………Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………â......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....wo cases the petitioners brought several allegations which were denied by the respondents by filing affidavit‑in‑opposition. Affidavits‑in‑reply have also been filed. In the instant cases the facts are not required to be stated in details in view of the fact that mainly the constitutional va...... Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N......n for, or as necessary step towards, the change of Government of the People’s Republic of Bangladesh and the Proclamation of Martial Law on the morning of the 15th August, 1975, shall be sufficient evidence of such act, matter or thing having been done or step having been taken in connection with,..Category: Criminal Law | Date: | Hits: 202
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