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Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....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......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma......ubsequently, Nazar Ali filed three Miscellaneous cases bearing Nos.1030/72‑73, 103/72‑73 and 1033/72‑73, for redemption in pursuance of President's Order No.88 of 1972 and the Magistrate passed orders of redemption on 28‑7‑73, 13‑3‑74 and 12‑3‑74 respectively but Nazar Ali and his ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....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...... Reported in: 49 DLR (HD) (1997) 167. ......n 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribun..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....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......is also Reported in: 49 DLR (HD) (1997)163. ......peal No.2176 of 1995 and Criminal Appeal No.1713 of 1996. Judgment Md. Abdul Karim J.- Criminal Appeal No.2176 of 1995 and Criminal Appeal No. 1713 of 1996 are directed against the judgment and order dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of ..Category: Criminal Law | Date: | Hits: 85
..... 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......Gholam Rabbani J
M Bazlur Rahman Talukder J
Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner
Vs.
Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties
Judgment
August 19, 1996.
Result:
Th......bitration and the court of Subordinate Judge, Dhaka as Arbitration Revision Cases respectively being Nos.1654, 820, 1629, 1637, 1634 and 842 all of 1990.
4. Learned Arbitrator by his judgment and order passed in the case No.1654 of 1990 increased the award and fixed the compensation at the rate ..
Category: Property Law | Date: | Hits: 84
Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)
.... 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...... ......iscellaneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant responÂdent petitioner calls in question the legality and proÂpriety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscella..Category: Procedural Law | Date: | Hits: 108
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....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 iniÂtiation and subsequent conviction is without lawful authority as well as without jurisdiction thus the impugned judgment is liable to be set asid......s Case is also Reported in: 63 DLR (HD) (2011) 294.......the Anti-Corruption Commission (ACC). Criminal Appeal No.8770 of 2009 with Criminal Appeal No.142 of 2010. Judgment AKM Zahirul Hoque J.- These two appeals arose out of the same judgment and order dated 30-11-2009 passed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009..Category: Criminal Law | Date: | Hits: 142
Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... 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......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ......alling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent No.7 to the respondent No.8 (Optalgio Limited) arising..Category: Others | Date: | Hits: 174
....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......
Md. Awlad Ali J
Mir Hashmat Ali J
Dr. Abida Sultana Bhuiyan...............................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents
Judgment
March 4, 2003.
Re......nt Attorney‑General—For the Respondents.
Writ Petition No.1385 of 2003.
Judgment
Md. Awlad Ali J.- This Rule Nisi issued under Article 102(2)(b)(i) of the Constitution arises out of an order of detention dated 24‑12‑2002 made by the District Magistrate, Dhaka.
2. The petitioner..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....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. ......are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......th M Saleemullah, Advocates—For the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑..Category: Procedural Law | Date: | Hits: 100
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....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 petiÂt......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule......trate sought report from the respondent No. 2 who sent his report on 17-2-2007 denying the claim of the petitioner. Thereafter the learned Magistrate dismissed the said MR Case No.13 of 2007 vide his order dated 29-4-2007. 4. Being aggrieved the petitioner filed CrimiÂnal Revision Case No.75 of ..Category: Criminal Law | Date: | Hits: 94
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....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 cusÂtody, the secretary ......laluddin, 60 DLR (AD) 57. Lawyers Involved: Raflque-ul-Huq with Ahsanul Karim, Faheemul Huq, Khairul Alam Choudhury, Kabir Iqbal Hossain, Kazi Akhtar Hossain, Aminul Hoque, Tanveer Hossain Khan and Rumeen Farhana, Advocates - For the Appellant. Khurshid Alam Khan, Advocate - For the Respond......an applicaÂtion for bail on behalf of the convict appellant-Iqbal Hasan Mahmood @ Iqbal Hasan Mahmood Tuku. 2. The convict-appellant preferred the instant appeal against the impugned judgment and order dated 15-11-2007 passed by the learned Special Judge, Special Court No.5 Dhaka in special case..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....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 ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: ......ri, Advocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellan..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
.... case record was then sent to the court of Additional Sessions Judge 1st Court Mymensingh for disposal. Meanwhile accused Mokbul Hossain and Atiqul Islam remained absent and absconding. State defence lawyer was accordingly appointed to defend absent and absconded accused. Hearing parties charge unde...... Ed. This Case is also Reported in: 55 DLR (2003) 396. ......e Appellant. ABM Waliur Rahman Khan Assistant AttorneyÂ-General—For the State. Criminal Appeal No. 2280 of 2000. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymens..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....desperate in nature in the locality and accused persons are always trying to take revenge against the informant party. It was further alleged that on 10‑2‑1999 the accused persons by forming an unlawful assembly attacked the house of the informant and when they raised hue and cry the accused per......…………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwi...... of GR Case No.219 of 1999 arising out of Balaganj PS Case No.4 dated 3‑11‑1999, pending in the court of Magistrate, 1st Class, Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in bri..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....o the Janata Bank again for encashment on 08-4-2009 and this time too, the cheque was dishonÂoured on the score of stopping of payment by the drawer. Anyway, on 22-4-2009 the complainant through his lawyer gave a legal notice to the accused-petitioner by registered post with A/D which was received ......rt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The R......(Panchlaish Zone) under section 138 of the Negotiable Instruments Act, 1881, now pending in the Court of the Metropolitan Sessions Judge, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpos..Category: Criminal Law | Date: | Hits: 120
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....akim J.- Rule Nisi was issued callÂing upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petition......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......bir, Advocates - For the Respondent No.3. Writ Petition No. 4579 of 2009. Judgment Tariq-ul-Hakim J.- Rule Nisi was issued callÂing upon the respondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without an..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
.... goods and the impugned adjustment of Taka 10,90,585 made page at 72 of the VAT Register of the petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authority and is of no effect and why they should not be directed to re-adjust the said amoun...... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......t opposed by the responÂdents by filing affidavit-in-opposition. 13. Mr. Tanim Hussain Shawon, learned Advocates appearing on behalf of the petitioner before us in the writ petition, the impugned order and the annexures thereof and submits that the impugned action of the respondent without initi..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....s' property as abandoned property by the impugned judgment and order dated 9.5.88. 5. It is the further case of, the petitioner that the judgment and order complained of were passed without any lawful authority without considering the cast of the petitioners in true perspective and ignoring th......s also Reported in: 44 DLR (HCD) (1992) 288....... Fakhrul Islam, Assistant Attorney General ‑ For the Respondent No.2. Writ Petition No. 1602 of 1988. Judgment Md. Abdul Jalil J. - This rule calls in question the judgment and order dated 9.5.88 passed by the Court of Settlement in Case No. 519/87(Ka‑49 Mohammadpur Block â€..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......e State………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases ......ference. They however, differ from each other on the validity of the conviction and sentence of the two appellants in Criminal Appeal No. 42 of 1985 under sections 302/34 of the Penal Code. Under the order of the learned Chief Justice the matter has, therefore, been referred to me for disposal. ..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
.... AM Mahmudur Rahman J. -By this application under section 160(1) of the Income Tax Ordinance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that ......eriod of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was served on the Deputy Commissioner of taxes, inasmuch as under section 33(2) of the Income‑Tax Act and section 158(4) of Ordinance XXXVI of 1984 the, Commissioner of Taxes is entitled to file an appe...... of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was served on the Deputy Commissioner of taxes, inasmuch a..Category: Procedural Law | Date: | Hits: 103
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