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....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.
......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.
......sions of section 4 of the Partition Act. The expression a dwelling house belonging to an undivided family is to be liberally construed?”
The learned appellate Court without considering the above facts of the case, came to an erroneous finding that the suit land is not the part of dwelling house..
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.......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......rned Advocate appearing for the plaintiff-petitioner, submits that the learned appellate Court below committed an error of law in allowing the application filed by the opposite parties in view of the facts that the petitioners did not assert in their application under Order I rule 10 of the Code tha..Category: Property Law | Date: | Hits: 55
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....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. ......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......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. ..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....... 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 ......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...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......Islam Enterprise............Applicant Vs. Commission of Taxes Zone-3………………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under sec......on Nos.211 and 212 of 2002. Judgment Md. Abdur Rashid J.- The above reference on behalf of the applicants, who are proprietors of Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax retu..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... 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. ......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......its there is a long line of decisions from the apex Court holding that, there is no reason to disbelieve Police personnel so far as their evidence are not otherwise impeachable. 11. In view of the facts and circumstances of this case, the points for decision are, (i) whether the incriminating art..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. ......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 ......oakhali, allowing pre-emption in Miscellaneous Case No.17 of 1999. These Rules having arisen out of a common 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 ..Category: Administrative Law | Date: | Hits: 230
....No.11152 of 2006.)
Judgment
Surendra Kumar Sinha J. -
The delay in filing of the leave petitions is condoned. Though the facts, the status of the writ petitioners, and the judgments are not identical rather distinct, law points involved in these petitions being almost identical, these peti......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......r dated 29.3.2011 passed by the High Court Division in Writ Petition No.11152 of 2006.)
Judgment
Surendra Kumar Sinha J. -
The delay in filing of the leave petitions is condoned. Though the facts, the status of the writ petitioners, and the judgments are not identical rather distinct, law ..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......ho are eye witnesses of the occurrence have been corroborated by P.W.1, the informant, but the High Court Division observed that P.Ws.3 and 5 are the eye witnesses who also did not state the material facts to the investigating officer. It is further contended that the High Court Division did not at ..Category: Criminal Law | Date: | Hits: 69
.... 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:
......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 ......the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordin..
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. ......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......and, as such, there was no scope and necessity to recall the PWs. On consideration of the application filed by the accused-petitioner Chutta Mia for recalling the PWs and also on consideration of the facts and circumstances of the case as well as the shirking role played by the State defence lawyer ..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.......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......ies relating to deterioration of law and order situation of Barisal Division Headquarter nor there is any allegation that they were ever attacked with men of the informant-party and, in the matter of facts and circumstances it is not desirable to infer that the petitioners have got reasons to feel i..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.......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 ......t behind the bars by the Tribunal without any such offence being committed by him. He submits that the learned Judge neither considered the materials on record nor caused any inquiry to ascertain the facts rather most illegally rejected the petition and passed the order issuing conviction warrant ag..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. ....... 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...... respectable aged man like the petitioner has been languishing in custody for about 3 months who has been implicated in series of case, one after another, including the present one, as such, from the facts and circumstances, it appears that the detention of the petitioner in custody is an outcome of..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......el also referred to two unreported decisions in Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002. 10. In the backdrop of the aforesaid circumstances, two vital questions to be decided in this Rule are: (1) the nature of the appointment of the petitioners and (...... the expectation of the petitioners of that case was also based on the resolution of the Board Meeting. Thus the petitioners of that case had basis for legitimate expectation of their absorption. The facts and circumstances of that case are completely different and the said decision has no manner of..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... came to know about the suit. Before receipt of the summons, she had no knowledge about Coast Marine Lines Ltd. She did not mortgage any of her property against any loan of said company. There was no question to know as she had no knowledge whether the company obtained loan from the bank. She did no...... plaintiff had not created further charge on the deeds why she did not take any step for return of the deeds. He also claimed that the copy of the letter dated 19‑12‑92 was created by her. In the facts and circumstances of the case, such wild suggestion is not at all accepted. It is on record th..Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......he plaint of the suit. It appears that the suit is for a declaration of title simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The question of delivery of possession not being relevant, there is no need for appointment of any recei......ocate for the appellants, has referred before us the case of Nur Mohammad Vs. Jogendra Kumar Dutta and others, reported in 28 DLR 7 in support of his contention. The cited decision fully supports the facts and circumstances of the present case and, as such, we have no hesitation in relying on the sa..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... the police in connection with the murder of his wife as a result of injuries on his person and that he was shifted to the hospital wherein he had availed of the treatment till 18‑4‑2002. Now the question is, whether the appellant has self inflicted the friendly injuries with a view to absolve h...... The appellant had explained the cause for taking the victim to Chittagong and Cox's Bazar, and under such circumstances it was obligatory on the part of the investigating agencies to ascertain those facts. The facts proved by the prosecution did not show that the appellant had any ill motive to kil..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......as further submitted that it was not correct to say that the petitioner was guilty of negligence or laches in making the application or that the arbitration clause barred the suit or that the debt in question belonged to any company. 14. On his behalf, the decisions in the case of Nagina Silk Mi......behalf, the decisions in the case of Nagina Silk Mill Vs. Income Tax Officer and others, 15 DLR (SC)181 and Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint ..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ...... the ensuing Narayangonj City Corporation Election, 2011 upon accepting his nomination paper and allocating a symbol to him for the post of Councilor for Ward No.2 of that City Corporation. 2. The facts, leading to the filing of this petition, in brief, are that the writ-petitioner submitted his ..Category: Election Law | Date: | Hits: 250
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