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Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....yment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned Assistant Judge erred in law in passing the impugned order dated 9‑10‑95, resulting in failure of justice. 6. No one appears for the plaintiffs-opposite parties. 7. In view of the contentions ......he learned Assistant Judge, appears to have committed no illegality in passing the impugned order to ensure single-handed justice relieving the parties from further litigation’s in other forums and accordingly I find nothing to interfere with the impugned order. In the result, the rule is disch........Petitioners Vs. Saonatun Bewa .............................................................Opposite Party Judgment June 25, 2002. Result: The rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19. Lawyers Involved: Akra......er dated 4‑10‑95 impliedly dismissing the Miscellaneous Case for non‑payment of costs being an appellate order under Order XLIII and rule 1 (c) of the Code, the learned Assistant Judge erred in law in passing the impugned order dated 9‑10‑95, resulting in failure of justice. 6. No one a..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......pugned permission of the Sessions Judge was necessary for the purpose of investigation of offence against the petitioner, in our opinion, the learned Sessions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for......he application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of o......sions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangladesh..

Category: Criminal Law | Date: | Hits: 305

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....ner is purely civil in nature for realization of money and, as such, the instant Criminal Proceeding is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned Deputy Attorney General for the State, on the other ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......Anam……………………Petitioner Vs. State & another……………………Opposite Parties Judgment February 28, 2010. Result: The Rule is discharged. Cases Referred to- Shamsul Alam Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Manzur Alam Vs. S......us the allegation brought against the accused petitioner is purely civil in nature for realization of money and, as such, the instant Criminal Proceeding is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....(3) or any other provisions of the Ordinance. On the other hand, scope of section 93 has been excluded by section 82 BB(3) of the Ordinance. 8. Thereafter, the petitioner served a notice demanding justice on 26-1-2011 upon the respondent No.4 through his engaged Advocate requesting the responde...... to assess or determine, by an order in writing, the total income of the assessee or the tax payable by him, as the case may be, and all the provision of this Ordinance shall, so far as may be, apply accordingly: Provided that the tax shall be charged at the rate or rates applicable to the assess......another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosharraf Hossain with Bazlur Ra......it Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 ..

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.......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.......al Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2......dent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made without lawful authority and of no legal effect. 2. Facts necessary to dispose of this Rule, in brief, is..

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... Hason Raja. 51. Regard being had to the facts and circumstances of the case, the submissions of the learned Counsel of both sides and for the foregoing reasons, we are of the opinion that ends of justice would be met if the Rule is discharged without any order as to cost, however, with a note of......date or even the year when Lalon was born or died. Furthermore, no one is sure and certain as to whether Lalon was a Muslim or a Hindu. According to some disciples and followers, he was a Hindu while according to some he was a Muslim. When Hindus claim that Lalon was a Hindu the Muslims do not drag ...... Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’......yer was not for issuing any Rule calling upon respondent No.1 to show cause, why the censorship certificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following langu..

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....half of the petitioner, submits that the trial Court passed the impugned Judgment and decree on the basis of mere surmises and conjectures 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 doub...... Judge, Nasirnager, Brahmanbaria. 3. The case of plaintiff in short, is that, the suit land and other non suit land belonged to one Fazar Ali having 2/3 share and Khatunennese having 1/3 share and accordingly CS Khatian No.310 was prepared in their names and thereafter by amicable partition, Faza......te - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004 passed by thelearned Senior ......ossession under section 9 of the Specific Relief Act, notwithstanding any other title that may be set up in such a suit, the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of the possession. 11. It appears in the present case that the claim ..

Category: Property Law | Date: | Hits: 121

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

....In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, we are of the view that since 9-8-2006, the petitioner being fugitive from justice is not entitled to get any relief from the High Court Division in this writ petition. Conseq...... 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. ......………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule is discharged. Cases Referred to- Monsur Ali Vs. State, 55 DLR (AD) 131; Khalilur Rahman Vs. State, 33 DLR 12; Abdul Baset Chow......Case No.75 of 2004 detaining the petitioner in Civil Prison 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 resp..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....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. ......alleged offender, the Court is required to perform this act judicially, that is to say, not arbitrarily or willfully, on certain assumptions or conjectures, but on the basis of some materials. Which, according to the provisions of law, should be allegation of facts constituting the offence made by t......�………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accu......da Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a p..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....ahim Mollah, the learned Advocate for the petitioners submitted that the Courts below erroneously passed their Judgments in clear violation of Hindu Mitakhara law, which should be set aside to ensure justice. In course of his argument the learned Advocate for the petitioners placed before me the Jud......f plot No.877 and this Sharashi Bala made a will in favour of the defendant opposite parties on 12th Sraban, 1383 amounting to 0.51 acre of land from plot No.877 and handed over the will to their and accordingly RS Parcha was also prepared in their names by opposite parties and the defendant opposit......��……………Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 1...... obtained the present Rule. 6. Mr. Ibrahim Mollah, the learned Advocate for the petitioners submitted that the Courts below erroneously passed their Judgments in clear violation of Hindu Mitakhara law, which should be set aside to ensure justice. In course of his argument the learned Advocate for..

Category: Property Law | Date: | Hits: 83

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....ithout considering the facts and circumstances and provision of law most illegally and in an arbitrary manner decreed the suit and thereby the Courts below committed an error occasioning failure of justice. She submits that both the Courts below misread the evidence as well as misinterpreted the......hand written letters. On perusal of the same it appears that the main contention of the plaintiffs are that the defendant No.1 used to reside in Dhaka who offered to sale the property in question and accordingly they paid the entire amount to the defendant No.1 and his son but the defendant No.1 fai......��……Petitioner Vs. Md. Abdur Rab Khandaker & others………………………Opposite Parties Judgment March 14, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda G......fendant No.1 informed the plaintiffs that he would not execute sale deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....to the supplementary affidavit he contends that the petitioner has annexed the new notification by way of supplementary affidavit. Accordingly, he submits that this Hon'ble Court for the cause of justice may consider the subsequent events. In support of the said contention the learned Advocate h...... similar line of arguments contending, inter alia, that it is the settled principle of law that once the notification is published declaring election schedule, the process of election commences and according to the dictum of the Appellate Division once process of election is initiated it cannot be......……Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Commission, 14 MLR (AD) 153; Basic Engineering Li......cate - For 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..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......dpur Sadar Hospital Julfu Master died and the dead body was taken back and thereafter informant Waliullah lodged first information report at 13‑30 hours on 2‑7‑1988 in Matlab Thana. PS Case was accordingly registered and investigation commenced. 4. During investigation police visited place ......…….Appellants Vs. State………………………………………………………..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, ...... about absconding accused by the lower court. Case record was then sent to Court of Sessions Chandpur. It was registered as S/C 8/89. 6. One Mr. Tousar Rahman, Advocate was appointed State defence lawyer for all absconding accused. Charge under section 302 Penal Code was framed against accused Ab..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....icity of suits and conflict of decisions. This rule empowers the court to implead any person as a party even suo motu under certain circumstances when it is found necessary for advancing the cause of justice. The expression “at any stage of the proceeding" confers a wide discretion on the court in......though her name was not recorded in the record of rights. Thereafter the petitioners filed an application for adding the said Bhaduri. Bibi as an opposite party in the case and to amend the pleadings accordingly. 5. The learned Assistant Judge by the impugned order dated 26‑4‑88 rejected the ......t of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... to the proceeding by way of amendment of the petition will not in any way prejudice the opposite parties by putting any impediment in their defence and, as such, the learned Assistant Judge erred in law in rejecting the petitioner’s application for amendment of the pleadings by way of addition of..

Category: Property Law | Date: | Hits: 94

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....e policy aiming at the realisation through the democratic process of a socialist society free from exploitation, a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social will be ensured for all citizens. It is the sacred duty of t......for that matter hold the office of a Judge of the Appellate Division of the Supreme Court of Bangladesh. He submitted that the State includes Parliament, the Government and statutory public authority according to the defining clause and the Judiciary having not been specifically mentioned therein wh............................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh......ge of the Supreme Court of Bangladesh and now holding the office of a Judge of the Appellate Division of the Supreme Court. The matter is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having alr..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

....the Code of Civil Procedure. It provided that nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. The continuation of the suit before the Art......ction 115(1) of the Code of Civil Procedure is not maintainable. By acting under the provision of Section 151 of the Code of Civil Procedure we are inclined to make the Rule absolute. The Rule, is accordingly, made absolute without any order as to costs. The Artha Rin Adalat No.2, Dhaka is her......��…Petitioner Vs. Standard Co-operative Credit Society Ltd and another………………Opposite Party Judgment May 31, 1998. Result: The Rule is made absolute. Cases Referred to- Serajuddin Howlader Vs. Pubali Bank Limited, 4 BLT 80; Sonali Bank Vs. Ali Tannery Ltd. and o......C) Proprietor Mahtabuddin Choudhury and another Vs. Agrani Bank) in which decision one of us (Mahmudul Amin Choudhury J) was a party, where it has been held that the Artha Rin Adalat Ain is a special law under which Courts have been constituted with their own forum of appeal. By analysing the provis..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... the full knowledge of the plaintiffs and there had not been any forgery and false personation in the execution and registration of the kabala and the suit is also barred by the law of limitation and accordingly, the suit is liable to be dismissed with cost. 5. The learned Assistant Judge framed ......terest of the defendants; there was no thumb impression of Cherag Ali in the kabala; Salamatullah did not acquire any right, title and interest through the disputed kabala. The plaintiffs having come to know about the said kabala on 18-5-91 instituted the suit on 01-8-91. 3. Defendant Nos.1, 2, 5......on of the suit land to the full knowledge of the plaintiffs and there had not been any forgery and false personation in the execution and registration of the kabala and the suit is also barred by the law of limitation and accordingly, the suit is liable to be dismissed with cost. 5. The learned A..

Category: Procedural Law | Date: | Hits: 103

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......rst Information Report nor has been named in the charge-sheet. But subsequently one Shamsuddin who is the brother of Zainal Abedin filed an application for impleading this petitioner in this case and accordingly, the same was done. The learned Advocate contends that the learned Magistrate committed ...... Rahman and 2 others…………………….Petitioners Vs. State……………………..Opposite Party Judgment July 25, 1995. Result: The Rule is discharged. Cases Referred to- Abdul Wadud Khandaker Vs. State, 16 DLR 255; Abdur Rashid Vs. State, 43 DLR 279; Qazi Fazlull...... of Derai Bazar for purchase of some sweets at the instance of Abul Kashem but he returned without the sweets and accused Abdul Kashem also asked him for making preparation for going to his father-in-law’s house by the boat and thereafter accused Abul Kashem, Chiranjib Pal and victim Zainal Abedin..

Category: Criminal Law | Date: | Hits: 102

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....in the event of violation or threatened violation of their any legal or constitutional rights whose abject poverty, illiteracy and socially disadvantaged position bar access to Court for redress of injustice, and the petitioner or his organisation fails to satisfy that he or his organisation has con...... 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. ......tary-General of Bangladesh Human Rights Commission, seeks from us issuance of a Rule on the Government of the People’s Republic of Bangladesh and other Government functionaries viz, the respondents to show cause as to why handing over of Anup Chetia alias Golap Barua to Indian Government should no......Addis Ababa in the presence of 17 African Heads of State, that the United Nations “had widened the concept of the right of self-determination and independence, so as to cover the recognition of the lawfulness of the struggle carried on by such nations for the exercise and enjoyment of that right i..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ......dence in support of their respective cases. The learned Subordinate Judge by his impugned judgment dated 9-3-92 allowed the case and ordered that case land and the share of the building be pre-empted accordingly in favour of the petitioner-respondent and the right, title, and interest of the case la......pellant Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others…………………Respondents Judgment February 23, 1998. Result: The appeal is dismissed. Cases Referred to- Hajee Majar Ullah Sowdagar Vs. Mvi Nurul Haque & ors, 23 DLR 68; Sree Jitendra Nath Howla......pposite parties 1-3 instituted CR Case Nos. 342 and 346 of 1984 before the Upazila Magistrate, Chandpur Sadar alleging that those deeds were executed and registered by the mother, brother, brother-in-law and sister of the petitioner by false personation during the minority of the vendor. It is the f..

Category: Property Law | Date: | Hits: 113

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