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Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......cts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171....... had reasons to be aggrieved by the impugned notification. The preliminary objection as to the maintainability of the appeal is thus rejected. 10. Mr. Ishtiaq Ahmed's contention raises the basic question as to the nature of the Octroi levied by the Paurashava. If Octroi is a tax then the conten..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... which Mozammel Huq Bhuiyan, the learned Counsel appearing for the Revenue, has supported the High Court order and seeks to maintain that the tax is payable is as follows:— “All taxes except land revenue, payable or liable under any law made before the commencement of this Order either by......mpugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......titution of Bangladesh. Any action taken or proposed to be taken under the Martial Law Regulation is, therefore, illegal. 8. The contention of the learned Counsel or the appellant raised the basic question as to the nature of the Martial Law Regulation promulgated by the then Government of Paki..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ...... DLR (HCD) (1998) 174. ...... show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordinate Judge, First Court, Barisal, in Miscellaneous Case No.66 of 1983 should not be set aside. 2. The only question that falls for determination in this Rule is whether the defendant opposite party had suffi..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......ve been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......nd in deceitful manner when a criminal case was in progress and the petitioner was in Jail hajat, the Artha Rin Adalat should not have entertained such suit without any clear materials that the money question did constitute a loan money. A stolen good cannot be a subject matter for decision by a Art..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......nce of contract in the 2nd Court of the Subordinate Judges Chittagong being Other Suit No.32 of 1983, alleging, inter alia, that the defendants entered into an agreement with him for sale of the suit land measuring 44 decimals of land at a consideration of Taka 55,000.00 and in pursuance of the said......own the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......trict Judge, Chittagong in Other Appeal No.486 of 1988 reversing the judgment and decree passed by the learned Subordinate Judge, 2nd Court, Chittagong in Other Suit No.32 of 1983 have been called in question. By the impugned judgment the learned Additional District Judge reversed the judgment of th..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Attorney-General appearing on behalf of the State, on the other hand submits that at the time of commission of the offence admittedly the petitioners were not Government servants and accordingly the question of obtaining sanction from the Government does not arise. Two of the accused were Governmen..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....pressed the presumption that he left the house by the back door of the flat. The learned Advocate submits that it will appear from this presumption that the arms were not recovered from the exclusive possession or control of the accused-appellant. Mr. Jamiruddin Sircar next submits that it has been ......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161...Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....e 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands origi...... of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik Goala and accordingly, the CS record was pre......d by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......as for SS Halder, Advocates - For the Petitioner. AFM Zubair Hossain, Advocate - For the Opposite Parties. Civil Revision No. 2924 of 1994. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 6-7-94 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, D..Category: Property Law | Date: | Hits: 66
....opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwellin......itle Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an undivided dwelling house.
3. The plaintiffs’, case, in short, is that one Abdu...... (HCD) (1998) 156.
......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......tioner as plaintiff instituted Title Suit No.16 of 1081 for declaration that the petitioner is the successor of the defunct Baichitola Islamia Junior Madrasha and for declaration of Title to the Suit land appended to the plaint, in the Court of the Subordinate Judge, Jessore which was registered as ...... parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......te parties as appellants under Order 1 rule 10 of the Code by the impugned order dated 22-2-95. Being aggrieved by the aforesaid order the petitioners preferred this revisional application to call in question the legality and propriety of the aforesaid order passed by learned appellate Court below a..Category: Property Law | Date: | Hits: 55
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....o have been used for the commission of the offence. However, the Magistrate has no power to investigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......t on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the custody of property like taxi cab, the Magistrate instead of entering into investiga..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......arged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... liable to be discharged. 12. Mr. Elahi when asked, fails to dispute the authenticity of the comparative table of expenditure (Annexure-4) and as explained by Mr. Nazrul Islam above. 13. On the question of discrimination, Mr. Nazrul islam, Advocate, submits that since the executives below the ..Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... innocent and that the prosecution case is one planted by the informant to secure to himself PPM. Further case of the accused is that the recovery of the incriminating articles were not made from his possession or control. 7. The learned trial Court after considering the prosecution and defence c...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......cation. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......se of recovery of the arms and ammunition from the possession or control of the accused and that the place from which the recovery was made was a public place and, as such, the arms and ammunition in question cannot be said to have been recovered from the possession or control of the accused appella..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ...... Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted Miscellaneous Case No.17 of 1999 under section 9...............Opposite Parties Judgment January 14, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Haj......r. Mihir Kanti Majumder, Advocate - For Opposite Party Nos.5-6. Civil Revision No.1302 of 2003 with Civil Revision No.1303 of 2003. Judgment SM Ziaul Karim J.- These Rules call in question the legality and propriety of the Judgment and order dated 18-2-2003 passed by the learned ..Category: Administrative Law | Date: | Hits: 230
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ons of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ere will be different opinions on a particular point, it will be difficult for the executive to follow the directions. Whenever, a Division Bench of the High Court Division is called upon to decide a question of law, it becomes its duty to ascertain whether any pronouncement of the High Court Divisi..
Category: Employment/Service Law | Date: | Hits: 147
.... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......are that the respondent No.1, a co-operative society, filed writ petition against the refusal of the writ respondents (petitioner herein) for not executing and registering the sale deed in respect of land measuring 2.575 acres within Mouja Brahman Chiran, C.S. Plot Nos.130 and 131 under Police Stati......erit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......ent and order dated 19.08.2010 passed by the High Court Division in Writ Petition No.1728 of 2010 making the Rule absolute with a direction upon the writ respondents to execute the registered deed in question as per the decision taken by the writ respondent No.6 within 60 (sixty) days from the date ..
Category: Civil Law | Date: | Hits: 70
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......iving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......ort are distinguishable from that of the instant case. 13. Considering, all the above aspects of the matter we find merit in this Rule and, as such, we are inclined to hold that the application in question filed by the accused petitioner in the Court below for recalling, the PWs should be allowed..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......nd a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......visional Headquarter is outside Bangladesh and that the law and order situation of the said place is out of control and, as such, he submits that the present Rule may be discharged, since the case in question being a double murder case has been transferred to the present Tribunal for speedy disposal..Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......s officio” and thus shook off its responsibilities without considering that to find out the identity of the real convict there is no necessity at all to re‑open the case on merit and, as such, no question of being, “functus officio” arises. Had there been a challenge against the judgment of ..Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ....... 31 (6) 2004 dated 20‑6‑2004 till framing of the charge, if any, in this case and in the event of framing of charge against the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Rep..Category: Criminal Law | Date: | Hits: 81
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