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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. ......ad Ali Sardar. Plaintiff’s allegation is that said Ebad Ali at the influence of the defendants made three registered deeds of gift which were never acted upon and Ebad Ali also revoked those gifts, accordingly the defendants have no right, title or possession in the suit land on the basis of the s......i AT Manowaruddin J Samir Ali (Md.) and others......................................Petitioners Vs. Md. Atiar Rahman Dafadar and others......................Opposite Parties Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Hasan Foez Siddique wi......to flour by grinding; (h) when the donor has received something in exchange (iwaz) for the gift. 3. A gift may be revoked by the donor, but not by his heirs after his death. It is the donor’s law that will apply to revocation and not that of the donee. (4) Once possession is delivered, no..Category: Property Law | Date: | Hits: 85
.... stated that this relieving of the present petitioner from the office of Government Pleader of the Dhaka District is absolutely illegal, without jurisdiction and violative of the principle of natural justice as well as the provisions of the LR Manual.
3. An affidavit-in-opposition has been filed ......ifferent Courts of the country. In fact, Government is the client and Government Pleaders and the Public Prosecutors are the lawyers. So, it is the discretion of the client to keep or change a lawyer according to its own desire. In the present case or in the case of Public Prosecutor though some Gov......he People's Republic of Bangladesh and others………………………………………………Respondent
Judgment
November 11, 1996.
Result:
The Rule is discharged.
Cases Referred to-
Kazi Abdul Wahab Vs. The Government of Bangladesh, 31 DLR 332; Talekhal Progressive Fishermen......t Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96).
2. It is the case of the petitioner that he was enr..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the laws without, in any way, affecting the judicial power to interpret the Constitutional Provision, which cannot be denied so long as the Court exists. Here I would add the admirable words of Chief justice Hughes of the Supreme Court of the United States of America. We are under a Constitution, bu......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. .....................................Respondents (In Writ Petition No. 5313 of 1996) Judgment January 28, 1997. Result: The Rules issued in two Writ Petitions are discharged. Cases Referred to- State Vs. Dosso, 11 DLR (SC) 1; TB Co-operative Society Vs. Chief Commissioner of Monipur, AI......the Constitution and are of no legal effect and as to why the Dhanmondi PS Case No.10 (10)/1996 dated 2‑10‑96 and Lalbagh PS Case No.11 (11)/75 dated 4‑11‑75 should not be declared illegal, unlawful and void. 3. In Writ Petition No.5321 of 1996 Colonel (Retd.) Shahriar Rashid Khan is the ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......uch instances to increase the amount of defalcation in future. After administrative inquiry, the accused-petitioners and other first information report named accused persons were found involved and accordingly, first information report was lodged against them. While investigation was going on, the......mation report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman Commission Ain, 2004 has made it clear that such sanction is only necessary at the time of filing case to the Court and not to the Police Station. The words “মামলা দায়েরের ক......” does not mean initiation of a criminal case by lodging first information report which is an absurd proposition. Moreover, it is clear from the last sentence of the aforesaid provision of law that sanction is necessary at the time of submitting investigation report to the Court; and wi..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....ected. This is my conception of the functions of a public officer. He is not to govern but to serve and he has to discharge his duties in a manner most consistent with the proper administration of justice. I must confess that having dealt with technicalities for more than forty years, out of......s that every proposal for election of a Chairman shall be made in Form-A, there is a space for putting the voter's number of the candidate for Chairman as well as the proposer and the seconder and accordingly, in Form‑A the voter numbers of the candidate, the proposer and also the seconder are............Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Result: The Rule is made absolute. Cases Referred to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) ......learned Assistant Attorney‑General appearing for resoondent Nos.4 and 5, submits that since the proforma respondent No.6 has already been declared as chairman under rule 20(3) of the Rules 1983, law does not contemplate intervention by this court by invoking jurisdiction under Article 102 of t..Category: Election Law | Date: | Hits: 211
....Artha Rin Adalat clearly erred in law in passing the impugned order on an erroneous view of the true import of Order 1 rule 10(2) of the Code of Civil Procedure and the same has occasioned failure of justice.
9. Mr. Syed Ishtiaq Ahmed, the learned Counsel appearing for the opposite parties, espou......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417........…..Petitioner
Vs.
Chittagong Steel Mills Limited and another....................Opposite Parties
Judgment
November 27, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Musammat Umme Kulsum Vs. Shamiyan Rahim and others, 1998 BLD (AD) 13; Hasina Khatoon and anot......is Court and obtained the present Rule.
8. Mr. AQM Safiullah, the learned Counsel appearing for the petitioner, submits that the learned Subordinate Judge and 2nd Artha Rin Adalat clearly erred in law in passing the impugned order on an erroneous view of the true import of Order 1 rule 10(2) of t..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......e custody of the title deeds after the sale and (6) the conduct of the parties concerned in dealing with the property after the sale. The above indicia are not exhaustive and their efficacy varies according to the facts of each case. Nevertheless, No.1, viz, the source from which the purchase mon......…………….Petitioner Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; J......vant and there was a bar to purchase the land in his own name, so, in order to conceal his name he purchased the suit land in the name of his brother, the defendant. Then plaintiff failed to show any law to substantiate his claim that there was any bar to purchase any land in the name of a public se..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......nd without lawful authority. The allegations that have been made in the plaint are that the plaintiff is the Secretary of the society and he was elected as such in the election held on 29‑11‑1997 according to the provision of the Co‑operative Societies Ordinance, 1984 and the Rules made thereu......a Market Baboshahi Bahumukhi Samabaya Samity Limited..............................................Opposite Party
Judgment
July 6, 2000.
Result:
The Rule is discharged.
Cases Referred to-
Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709......tle Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void and ..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......but in the instant facts and circumstances of the case the transaction cannot be said to be alive and subsisting on the date of promulgation of President’s Order No.88 of 72 and the transaction was accordingly past and closed. The defendants though alleged that they are entitled to benefit of 12 m.........................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is made absolute. Cases Referred to- Abdul Mannan & Ors Vs. Kulada Ranjan Mowali & Ors. 31 DLR (AD) 195; Bangladesh Vs. Ha......id as the plaintiff is not a signatory to the alleged deed of reconveyance and that the alleged executants the defendant Nos.1 and 2 had no interest in the suit and the court of appeal below erred in law in not holding that the transaction is an out and out sale inasmuch as, even if the same is a co..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ...... hence cannot be sustained in law. 20. In the result, the appeals are allowed and the judgment and order of conviction and sentence passed against the accused appellants are set aside and they are accordingly acquitted. 21. Let the accused appellants Talebur Rahman alias Taleb and SM Habibulla......hers............Appellants Vs. State........................................................Respondent Judgment November 22, 1994. Result: The appeals are allowed. Cases Referred to- Nurul Islam Vs. State 8 BLD (1988) 106; Arshadullah and Nurul Islam Vs. State 21 DLR 684; Abu......ble and satisfactory evidence and, therefore, we hold that the conclusion arrived at as to the guilt of the accused appellants by the learned trial Court is erroneous and hence cannot be sustained in law. 20. In the result, the appeals are allowed and the judgment and order of conviction and sent..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......of paddy in the morning of 16‑11‑90, stated that the wife of the deceased told them that her husband had not returned from house of Mondir Dhali in the night of 15‑11‑90. It may be noted that according to P.W.1 among the witnesses who came to the land of P.W.13 to see the dead body P.W.14 an......ssain Dhali and other...........Appellants Vs. State..........................................Respondents Judgment March 4, 1997. Result: The appeal is discharged. Cases Referred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD) 60. Lawye......und of failure of the prosecution to prove the case against the accused persons on the basis of evidence of reliable and competent witnesses. He submits that the trial court has committed an error of law in relying on the evidence of the P.Ws.1, 2, 5 and 7, who are all interested witnesses. He furth..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......hereafter obtained Rule in Civil Revision No.12 of 1996.
6. Mr. AF Hasan Arif, learned Advocate for the petitioner, submits that the said award is violative of the proviso to section 31 of the Act according to which compensation determined by the Arbitrator shall not exceed 10 percent of the amou......dvocate‑For opposite Party No. 1 (In Civil Revision No.122 and 369 of 1996)
Shahida Begum, Advocate‑For opposite Party No.1 (In Civil Revision Nos.123‑125 of 1996)
Civil Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Ru....... We reject the submission on the ground that the proviso was inserted by Act 20 of 1994 effective from 1‑12‑94 whereas the land in question was acquired in the year 1967‑88. It is an universal law that a retrospective operation is not to be given to a statute so as to impair an existing right..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
....08 sought such transfer of the appeal, which was rejected by the impugned order. Hence the Rule. 3. The learned Advocate appearing for petitioner submits that for the cause of fair and impartial justice the appeal should be tried either by the District Judge or by any other Court, but the Court......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......08 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos Case No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the Court of District Judge or to any other Court having jurisdiction. 2. Material facts are t...... below. In such case the transfer petition should be rejected in limini. Therefore, the Court below after appreciating the materials on record by rejecting the transfer petition committed no error of law. 8. Moreover, the impugned judgment and order in its entirety is well founded in the facts an..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......nst the Deputy Assistant Settlement Officer Md. Nurul Islam demanding Taka 10,000 as bribe for making record right in his favour of the land of Plot No.1602 under the Mouza Colva of Uzirpur Thana and accordingly on 2-7-2008 said Abul Kalam Azad paid Taka 5,000 as bribe money to Md. Nurul Islam and t......al in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more. And also s......of the present case by the informant without prior permission of the Commission by violation of rule 16(2) of the Anti-Corruption rules therefore the initiation and subsequent conviction is without lawful authority as well as without jurisdiction thus the impugned judgment is liable to be set asid..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......rther submitted that respondent No.7 admitted in his affidavit-in-opposition that the statements made in paragraph 11 of the writ petition are statements of fact and called for no comment and thus, according to the learned Counsel, it is evident that respondent No.7 has admitted the petitioners' c..............................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: The Rule is discharged. Cases Referred to- AIR 1996 SC 11 Tata Callular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. C...... to the respondent No.8 (Optalgio Limited) arising from the impugned Tender Document No.19 of 2002‑2003 issued by the respondent No.7 (Annexure‑B) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Others | Date: | Hits: 174
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......of 22 bore Kotwali PS Case No.26(12)2002 under section 19(ka) of the Arms Act has been initiated and in that case the police after investigation has submitted charge-sheet and that case will be tried according to the provision of law and if found guilty the detenu, will be punished under the Arms Ac......spondents
Judgment
March 4, 2003.
Result:
The Rule is made absolute.
Lawyers Involved:
Rokanuddin Mahmud with Md. Asaduzzaman—For the Petitioner.
Mohammad Abdullah, Assistant Attorney‑General—For the Respondents.
Writ Petition No.1385 of 2003.
Judgment
Md. Awlad......itution arises out of an order of detention dated 24‑12‑2002 made by the District Magistrate, Dhaka.
2. The petitioner is the wife of the detenu. The petitioner has stated that the detenu is a law abiding citizen of Bangladesh and a Physician by profession. The detenu passed the MBBS from the..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......t Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by this single judgment. 2. The petitioners in both the Rules as pla......31‑10‑1995 passed by the learned Assistant Judge, 4th Court, Dhaka allowing the said cases which were filed under Order IX rule 13 of the Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by this single judgment. ..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......spondent No.3 by filing affidavit-in-opposition and their inter-alia case are that on special duty the respondent No.4 found smuggling goods in the Bagachara Bazar area which is the border area and accordingly on the direction of the Magistrate, Satkhira he seized the said goods and deposited the ......ent August 10, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Hossain, Advocates - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondents. Writ Petition No. 8954 of 2007. Judgment SM Emdadul H......and 3800 litres diesel from the Serial Nos. 43, 44, 45 and 46 of the seizure list and 370 Kg Palm Oil 185 Kg Soybean oil not shown in the seizure list should not be declared to have been done without lawful authority and is of no legal effect. 2. Brief the facts of the case, are that, the petit..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......t was in the custody, the secretary of the Anti-Corruption Commission issued a notice under section 26 of the Anti-Corruption Commission Act, 2004 submit his wealth statements within 72 hours and accordingly the appellant filed statement of wealth to ACC under protest. Thereafter on 21st March, ...... Jurisdiction) Present: Md. Muzammel Hossain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs.......ant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007 the appellant was arrested by the law Enforcing Agency. On 18th February, 2007 when the appellant was in the custody, the secretary ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......onsequent to the auction sale, a deed was registered on 29-6-2009. Thereafter, the decree-holder bank filed an application to the executing Court to get the possession of the schedule property. If, according to Mr. Moudud Ahmed, the execution case comes to an end with the issuance of a certificate......…………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with......9. In this respect he argues that the Court will help the vigilant but not the indolent. His last submission is that the impugned judgment and order passed by the lower appellate Court being based on law should not be interfered with by this Court. 9. We should confine ourselves within the ambit ..Category: Civil Law | Date: | Hits: 229
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