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Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....J. "It is clear that the decree‑holder is entitled under the Code of Civil Procedure to attach the properties of the judgment‑debtors and there is no restriction, in section 60 or in any other provision as to the extent to which attachment may be effected. Under rule 64 of Order XXL, it is pr......r accepted a paltry award of the Arbitrator for Taka 3,18,216.43 as back as 19‑6-91 forgetting his claim for Taka 29,43,695. The owner had to start execution for recovery of the amount. Under the law of acquisition, no owner is expected to go through such arduous and lengthy process for the comp..Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....e must be an owner and claimant to whom belong the gun and the seized gun should have been delivered to the person who is entitled to the legal possession thereof after conclusion of the trial as per provision of section 517 of the Code, but the act of forfeiting the gun in this case, cast a doubt o......itioner under section 19A of the Arms Act, 1878 (the Act), by an order dated 17-1-2004 and the charge was explained to the accused to which he has pleaded not guilty and claimed to be tried under the law. 5. That the prosecution adduced 14 witnesses to prove its case, while the defence examined n..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
..... Mr. Islam categorically denied the submission made by the petitioners and submitted that respondents had decided to appoint the Pre-shipment Inspection Agencies (PSI) for a new term pursuant to the provisions provided in Pre-shipment Inspection Rules, 2002(SRO No.255-Law/2002/1973/Customs dated 9t......and 5924 of 2009. Judgment Md. Ashfaqul Islam J.- All these Writ petitions are taken up together and disposed of by a single Judgment since all the writ petitions deal with a common question of law and fact. 2. BIVAC International SA and another, Intertek International Limited and another,..Category: Fiscal/Taxation Law | Date: | Hits: 152
....t committed any illegality in admitting the same.
6. We have examined the writ petition, affidavit-in-opposition and the order sheet of the execution case and carefully consulted with the relevant provisions of law. It appears that the suit was instituted on 23.6.1998 and was decreed on 12.7.1999......affidavit-in-opposition on the facts stated therein. In the said affidavit the respondent-bank has contended that the second execution case in question is well within time and as such maintainable in law.
4. Mr. M. A. Muntakim, the learned Advocate appearing for the petitioner submits that after ..
Category: Civil Law | Date: | Hits: 107
....e of the execution case was amended on 6.5.2003 releasing a portion of the mortgaged property, no further step was taken by the decree-holder bank for selling the remaining portion and therefore, the provision of section 34(9) of the Ain was not complied with and without such compliance, issuance of......k for selling the remaining portion and therefore, the provision of section 34(9) of the Ain was not complied with and without such compliance, issuance of warrant of arrest was in clear violation of law and therefore without lawful authority.
6. On the other hand, Mr. Mohammad Ali, the learned A..
Category: Civil Law | Date: | Hits: 80
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....hengra Beel, Choto Chengra Beel, Goal Beel and Kasma Beel. The Government has been managing and controlling the suit land for last fortyfive years and leased out the same to different persons. As per provisions of sections 3 and 20 of the State Acquisition and Tenancy Act, all fisheries have been ve......ainst the land, but for that reason it cannot be held that the petitioner is not in possession thereof. Both the Courts below failed to consider this aspect of the case and thereby committed error of law resulting in an error in decision occasioning failure of justice. Learned Advocate cannot, howev..Category: Property Law | Date: | Hits: 78
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......ence, the revisional Court should not interfere with such concurrent findings. 14. Under the above, I do not find that the lower appellate Court in dismissing the appeal has committed any error of law resulting in an error in decision occasioning failure of justice. The Rule, therefore, merits no..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....of Mirza Monwar Hossain. The godowns were not sealed. In his presence those were sealed under joint signatures of Kazi Khalilur Rahman and the appellant. In cross-examination he stated that there was provision of inspection of godown once in every fifteen days. But the Upazila Food Controller never ......sent to the Senior Special Judge, Habiganj and was registered as Special Case No.7 of 1997. The learned Judge of the Tribunal framed charge against the appellant and others under the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Sub..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......rch of a cow, when the appellant voluntarily joined them and started assisting them in searching a suitable cow. At one stage, the said Budhai disclosed that he would go to the house of his father-in-law at village Madhabpur as his wife and children were there. The appellant also wanted to go with h..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....and gave reasoning as to why he disbelieved the petitioner’s claim of possession over the case land. The learned Judge also considered some registered documents filed by the opposite party. It is a provision of law that documentary evidence is always better than the oral evidence. 10. In view o......oning as to why he disbelieved the petitioner’s claim of possession over the case land. The learned Judge also considered some registered documents filed by the opposite party. It is a provision of law that documentary evidence is always better than the oral evidence. 10. In view of the above, ..Category: Property Law | Date: | Hits: 53
..... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......ds stated therein.
9. Learned Joint District Judge heard the application and allowed the same by his order dated 17.6.2004 and thereby rejected the plaint on the ground that the suit was barred by law. Against the said judgment, the plaintiffs preferred the instant First Appeal and obtained an ad..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....matter of the suit which was also covered by the Arbitration Clause of a Contract between the parties. The trial court stayed the proceedings, but in revision the learned Single Judge held that the provision for stay of the proceedings of a suit as laid down in section 34 of the Arbitration Act ......evision No. 921 of 1974) Judgment Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Court Division was well founded in law in refusing to stay the further proceedings of a suit under section 34 of the Arbitration Act, 1..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... fixed rent with occupancy right was created in favour of the patta holders, including the defendant; and such tenancy is protected from annulment. The learned Subordinate Judge on misconception of law and facts erroneously reversed the judgment of the trial Court; and learned Judge of the High Co..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....their opinions in respect of maintaining capital sentence or awarding a sentence of life imprisonment. 5. As a preliminary point, it is argued by the learned advocates for the appellants that the provisions of Sections 378 and 429 of the Code of Criminal Procedure require that the whole case be ......00. Md. Faisal Alam Ansari, who faced the trial, preferred Jail Appeal No.842 of 2003 as well as Criminal Appeal No.2798 of 2003. 2. The two absconding accused were represented by a State Defence lawyer during the trial as well as at the time of hearing of the appeal by the High Court Division. ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
..... It was observed “It may be remarked that there can be no absolute rule that a retracted confession can not be acted upon unless the same is corroborated materially”. In P.K. Singh’s case, the provisions of the Code of Criminal Procedure were not applied in Manipur where the occurrence took p....... 5. The learned Assistant Sessions Judge while convicting the appellant observed that Mohammad Altaf Hossain Mollah (P.W.8) recorded the confessional statement of the appellant in accordance with law, that he did not find any infirmity in the confessional statements on perusal of exhibit-2 serie..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......Court Division. We have heard the learned Deputy Attorney General and learned counsel appearing for the respondent. The learned Deputy Attorney General contended that the High Court Division erred in law in acquitting the accused-respondent on a superficial consideration of the evidence on record in..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
.... Mr. Nurul Islam Sujan, learned counsel appearing for Md. Abul Hossain having realized that there are conflicting findings of the High Court Division, argued that during the relevant times, there was provision for purchasing stamps from other post offices and those stamps could have been used for th......ction 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it does not contemplate the creation of a trust with all the technicalities of the law of trusts. It contemplates the creation of a relationship whereby the owner of the property make..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....t petition was filed. The writ-petitioner was given notice to receive payment in lieu of statutory notice of termination. Biman Bangladesh Airlines is a Public Limited Company incorporated as per the provision of the Companies Act, 1994, and at present the same is a different body from the erstwhile......No. DACGF/P-34174 dated 4-2-2007 issued by the Deputy General Manager Personnel, Biman Bangladesh Airlines Limited terminating him from service under the said regulation to have been issued without lawful authority and is of no legal effect. The petitioner also sought a declaration that he has a r..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....l Appeal Nos.185-87 of 2004. 11. Mr. Kurunamoy Chakma, learned Deputy Attorney General, appearing on behalf of the appellants in all the appeals, submits that the suit land was made khash as per provision of section 20 of the State Acquisition and Tenancy Act and that the High Court Division wi......evenue Officer was correct. He allowed the appeal and set aside the order of the Revenue Officer dated 3-4-1953. He also observed that the revenue authority might take appropriate action according to law in the light of the observations contained in his judgment. The learned Special Judge regretted ..Category: Property Law | Date: | Hits: 67
.... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......t in previous PS Case No.12(5) 2000 no trial was held and that the accused were neither convicted nor punished and, as such, there is no bar to a second trial if charge is framed in accordance with law.
12. In this connection, it is important to note that the High Court Division was misled by t..
Category: Criminal Law | Date: | Hits: 85
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