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Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....if any other equally efficacious remedy is made available by law. In case of enforcement of fundamental right under clause (i) of Article 102 of the Constitution the Court’s power is not limited by provision of any other equally efficacious remedy. Consequently, if any person approaches this Court......ed this Rule. 8. The respondent Nos.1-3 and respondent No.4 by filing separate affidavit-in-oppositions denied the material allegations and have stated that no has been taken illegally and without lawful authority. The petitioner has been promoted to the post of Director as per recommendation of ..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... oath on 28-11-92 and the respondent No.4 requested the sitting Chairman of the said Union Parishad to hand over charge of the office of Chairman to respondent No.6. 4. It is submitted that as per provision of Rule 16(1) of the Union Parishads (Election) Rules, 1983 an appeal against rejection of......ishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Election Law | Date: | Hits: 154
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ......rit and with reasons, I am of the opinion that justice would be met if the learned Assistant Judge is directed to hear and dispose of the application for rejection of plaint afresh in accordance with law. 6. In the result the Rule is made absolute without any order as to cost. The learned Assista..Category: Procedural Law | Date: | Hits: 85
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....-emptees are her co-sharer in the said jote by way of purchase no pre-emption application is maintainable against the pre-emptees as such the pre-emption application is liable to be rejected as per provision of Order VII Rule 11(d) of the Code of Civil Procedure. 4. The learned Senior Assistant......e some property from the legal heirs of SA recorded tenant by kabala dated 22-2-1983 being deed No.1373 of 1983 and in this way while the pre-emptor was owing and possessing her purchased property as lawful owner some other legal heirs of SA recorded tenant transferred some property in favour of the..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
.... under sections 495/497/109 of the Penal Code against the accused persons upon a prosecution filed by the police instead of a complaint filed before the Metropolitan Magistrate, as required under the provisions of sections 198 and 199 of the Code. He further submits that, since no complaint was fi......, as a motion, and obtained the instant Rule. 7. The learned Advocate Mr. Md. Mamun Aleem, appearing for the accused petitioner, mainly contends that the Chief Metropolitan Magistrate has erred in law taking cognizance under sections 495/497/109 of the Penal Code against the accused persons upon ..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....plication on 20-8-2004 before the Artha Rin Adalat under Order XIV, rule 2 of the Code of Civil Procedure with a prayer to fix the total money payable to the Bank by him at 11, 50,000 by applying the provisions of section 47 read with section 60 of the Ain, 2003. But the Adalat rejected the said app...... was filed on 27-1-2003. Therefore, section 47 of the Ain, 2003 has no manner of application in the suit. The Adalat passed the impugned order rejecting the prayer of the appellant in accordance with law. The writ petition was misconceived one and the Rule was liable to be discharged with cost. 4..Category: Civil Law | Date: | Hits: 138
....ing or portion or share shall, notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding 7 years and the provisions of sub‑section (2) of section 95 shall apply to such transfer. Section 95 provides that......there was no discussion about any hand writing Expert. It was further argued that the agreement was signed on white paper and stamp paper and, therefore, the agreement was not valid in the eye of the law.
8. In support of his submission that the agreement for re‑transfer must be registered he r..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....ion has tried to prove its case mainly on the basis of the evidence of PWs 1, 2. 6 and 7 and the evidences of these witnesses were recorded admittedly in the absence of this appellant. In view of the provision of section 339B (2) there was of course no bar in recording the evidence of PWs when the a......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....3 dated 16.6.88 and 144 dated 16.6.88 were issued by the Ministry of Finance raising the tariff value, sale tax in respect of the aforesaid goods. The petitioner submitted 3 bills of entry on 29.1.90 provisionally. The Customs have assessed the duty and sales tax at an enhanced rate on the basis of ......eral ‑ For the Respondent No. 2 (In both the writ petitions). Writ Petition No. 2644 of 1990 with Writ Petition No. 346 of 1991. Judgment Qazi Shafiuddin J. - Common question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard together and..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....r acted beyond jurisdiction, therefore, the learned Additional District Judge rightly found that there is no ground to set aside the award. He added that in the contract agreement there is a specific provision of Arbitration if any dispute arise among the parties, therefore, Arbitrators rightly ente......Miscellaneous Case before the learned District Judge, Chittagong for setting aside the award unsuccessfully filed the instant first Miscellaneous Appeal, thus the instant appeal is not sustainable in law. He submitted that learned Additional District Judge rightly refused to set aside the award as i..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....stice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where under any Court by exercising its discreti......e is not to help any part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions whether discretionary or obligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....CRF value and also Tariff value. As a result the President of the Committee cast his vote in favour of the customs authority and on the basis of the majority decision the Committee directed to assess provisionally duties on tariff value. 3. The learned Advocate for the petitioner contends that fo......inal assessment. (4) No fee shall be payable for an appeal under this section." 4. It could not be contended by the learned Advocate that the constitution of the review committee is without any lawful authority or it acted in directing to impose customs duty on the basis of tariff value withou..Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....rvant in good faith regarding his conduct is not defamation. In the instant case although the Hon'ble Chief Justice is not the appointing authority of the complainant judicial officer, in view of the provisions of Article 116 of the Constitution of Bangladesh the Hon'ble Chief Justice as Head of the......ar to contest the Rule. So, it is difficult to ascertain the truth or otherwise of the allegations made against the complainant regarding misuse of his official position. However, let us consider the law point raised by the learned Advocate for the Petitioners. It appears from paragraph 7 of petitio..Category: Criminal Law | Date: | Hits: 75
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....e has occasioned failure of justice. 4. No one appears to oppose the Rule. Mr. Khan has placed before me the impugned order passed by the learned Assistant Judge. He has also referred to me the provision of section 10 of the Code of Civil Procedure as well as section 8C and 8D of the Court‑f......g Advocate for refiling the same with correct valuation of the suit. 3. Mr. AS Md. Ramzan Khan the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge erred in law in returning the plaint to the plaintiff‑petitioners without recording any finding to the effe..Category: Procedural Law | Date: | Hits: 81
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....irmed. 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) 430. ......to prove his right, title and possession in the suit land but without reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ection of his age as per affidavit dated 3-7-1963 showing his date of birth on 3-1-1945, it cannot be said that the affidavit is liable to be cancelled, inasmuch as at that time there was no Rules or provisions for amendment of the age by the concerned Education Board; that since the defendants appo......his Matriculation Certificate of the year 1961, and the learned trial Court having considered all these papers and documents having decreed the suit, the learned appellate Court committed an error in law in allowing the appeal without considering at all this aspect of the case. No one appears to opp..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......owledge. So he is under obligation to explain know the deceased died. The explanation given by him that the deceased committed suicide by hanging has been proved false. Under the settled principle of law he explanation of death of the deceased given by the accused being proved false and there is no ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....the impugned Bainapatra, has been admitted correctly in evidence by the trial Court as a proved document and accordingly, finding the same is in insufficient stamp paper, impounded the same under the provision of Order XIII, rule 8 of the Code of Civil Procedure, 1908 and, as such, the appellate Cou......der of the appellate Court, paid the impounded stamp duty of the Bainapatra. Contrary to such argument the plaintiff appellant-opposite-party contends that a series of decisions of this Court and the law itself provides that once a document is admitted into evidence, rightly or wrongly, the same can..Category: Procedural Law | Date: | Hits: 120
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Kate mataaoon bil‑maaroof. 21. The dictionary meaning of these words are as follows: 'mootallakat" ....a woman who is divorced. "Mataaoon ...house‑hold stuff, utensils, goods, chattels, provision, convenience. "maaroof" ...known, recognised, honourable, good, befitting, a kindness. ......ouncil did not follow that clear text of Quran as quoted above first by us, "Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence", as against the law in the subject stated in Hedaya and by Baillie and quoted above by us on the reasoning that thei..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....ears that the learned Additional Sessions Judge neither scrutinised the evidence on record nor came to his own decision independent to that of the trying Magistrate. This is in clear violation of the provisions of section 367 read with section 424 of the Code of Criminal Procedure. Therefore, the im......nt is no judgment at all. 4. In the facts and circumstances stated above I am of opinion that the appeal should be sent back to the Court below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accordingly, this revisional application ..Category: Criminal Law | Date: | Hits: 85
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