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....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......it land but after long lapse of time the land acquisition officer in the middle part of May, 1998 all on a sudden disclosed that the plaintiffs have no right or ownership in the suit land and as such question of de-requisition does not arise at all which cast a cloud over the title of the plaintiffs......he impugned judgment and decree of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plain..
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ...... No. 709 of 2003 with Criminal Miscellaneous Case No. 2663 of 2003. Judgment SM Dastagir Husain J.- Two Rules were heard analogously as they arise out of the same FIR and involved common question of facts and are disposed of by one judgment. 2. These Rules are directed against the pr......2003 with Criminal Miscellaneous Case No. 2663 of 2003. Judgment SM Dastagir Husain J.- Two Rules were heard analogously as they arise out of the same FIR and involved common question of facts and are disposed of by one judgment. 2. These Rules are directed against the proceeding in ..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......A consideration justifying the exercise of inherent power varies from case to case. The jurisdiction ought not to be encaged within the strait jacket of a rigid formula. If the criminal proceeding in question is in respect of an offence alleged to have been committed by an accused person and it mani......Case No.268 of 2004 now pending in the Court of Metropolitan Magistrate, which allowed the Naraji petition and directing the RAB for further investigation of the case should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that Advocate Md. Siraj filed a complaint petiti..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... without lawful authority. He has further argued that the petitioner and his brother have challenged the said sale proceeding on the ground of fraud committed by the decree-holder and in deciding the question of fraud or material irregularity in the sale proceeding, the petitioner is not required to....... Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 5‑8‑03 passed by the Judge of the Artha Rin Adalat Khulna in Miscellaneous Case No.47 of 2003. 2. Briefly stated, the facts are that the respondent No.2 Islami Bank instituted Title Suit No.33 of 1993 for realisation o..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ming exoneration. 32. Further, commissions established under the 1956 legislation are deemed as civil Courts, albeit for the non-penal purposes, for which they may be created and would forward the facts constituting an offence to a magistrate but not try the case itself nor award any penalty such..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......by learned Judges and decisions rendered by them and, also, without being influenced in any way by any observation made by learned Judges. 5. Fate of the appeal hinges on answer to the fundamental question which is whether prosecution could succeed by substantially proving the charge levelled aga......r a person is in possession of anything is whether he is in general control of it. "Possession" is expressed in Corpus Juris Secondum 72 CJS 233 in the following terms: "The closest relation of facts which can exist between a corporeal thing and the person who possesses it implying an actual p..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.) Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff respondent-petitioner calls in question the legality and propriety of the judgment and order dated 16-08-2009 passed by learned Add......ose of dated 05-04-2009 passed by learned Assistant Judge and Family Court No.15, Dhaka, directing the custody of children to plaintiff for ten days in Family Suit No.08 of 2009. 2. Material facts are that on 15-01-2009 maternal grandfather of children as plaintiff instituted Family Suit No..Category: Family Law | Date: | Hits: 171
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......ssue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I‑ The expression former suit shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II‑ For the purposes of th......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......r submits that the Court below misconstrued the law and fact and accordingly, observed in the earlier order that the certified copy will be sufficient to prove the plaintiffs case on the basis of the facts and circumstances of the case, such observation is not tenable in law. 9. No one appeared o..Category: Civil Law | Date: | Hits: 75
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......se why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October, 1994, should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts, as stated in the petition, in short, are that the petitioner who is a Senior Advocate of this..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ....../অর্পিত-২০০১-৩০৫ তারিখ ১৩-৬-২০০১ইং issued under their joint signature informed the Additional Deputy Commissioner (Revenue), Mymensingh, that the question of releasing the case properties from the list of vested property did not arise as the prop......ion in Civil Revision No. 2819 of 1994 which was affirmed by the Appellate Division of the Supreme Court of Bangladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, are: Ruhini Kanta Lahiri Chowdhury was the o..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......be for a limited purpose. It does not appear that the section empowers the Arbitrator to consider an application of a person who is not named in the award. Moreover, he is not empowered to decide the question of title to the land acquired and thereby, the title to the compensation. Hence, a person w......the compensation as was already awarded. It did not even raise objection to the quantum of compensation. In the circumstances, the instant suit cannot be barred under the section. 22. Next, in the facts and circumstances of the case, we find the observations of the learned Joint District Judge th..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......Case No. 31 of 2000 under sections 464/465/467/468 /469/471/109 of the Penal Code pending in the Court of Magistrate, 1st Class, Cognizance Court No. 1, Habiganj should not be quashed. 2. The moot question in this Rule is whether the prohibition under clause C to section 195 (1) of the Code of Cr......s 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of the Penal Code. 3. The relevant facts are, that the petitioner No. 1 on 13‑10‑1999 filed the CR Case No. 183 of 1999 against the..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......yed for. Hence, this appeal. 9. Mr. Mahmudul Islam, learned Senior Advocate, appearing on behalf of the appellants, submitted that learned Joint District Judge failed to notice and decide the moot question as to whether the plaintiffs became defaulters under the Bank Company Act, 1991 and without......4, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the appeal are that on 31‑8‑04 respondent No.1 Messrs Beximco Holding Comp..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ...... right to challenge. 15. He further submitted that when the meetings held on 18‑11‑99 and 7‑12‑99 do not suffer from any illegality or infirmity the petitioner is not entitled to raise any question about legality or otherwise of the transactions of such meetings. 16. He submitted that ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......e of any irregularity or embezzlement of the fund by any member, he shall be in a position to exercise his discretionary power whether or not legal action should be taken against him under law in the facts of the given case, whatever act the petitioner had committed were in the conduct of the busine..Category: Criminal Law | Date: | Hits: 89
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......ore, in order to appreciate the scope of the arguments advanced by the parties I am required to examine the law and ascertain the legal characteristics of the expression 'debt'. 8. Thus the only question that calls for determination in this case is whether the arrear salary and other emoluments......ent of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. Mr. Nabi then submits that as soon as the petitioner received t..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......s that admittedly all the petitioners are holding constitutional posts and the terms and conditions of their such service as specifically allowed under the provisions of Ordinance No.LVI of 1983, the question of any deduction, whether it is by way of gross pension or net pension from their existing ...... much in the sacred interest of the nation itself and this solemn purpose must be ingrained in the mind of all concerned including the Election Commissioners themselves.
Relevant Facts:
34. The facts in this case are admitted. The petitioner Nos.1 and 2 belonged to the Civil Service while the ..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......vit-in-opposition or otherwise.
5. Mr. SM Monir, the learned Advocate appearing for the petitioners, submits that pursuant to the criminal case the petitioners accepted the liability without any question and, as such, they repeatedly requested the respondents including, the Power Development Bo......it petition is very much maintainable because neither section 54(c) of the Electricity Act, 1910 nor section 22(3) of the Electricity (Amendment) Ordinance, 1983 have any manner of application in the facts and circumstances of the instant case, as the remedies provided by the said provision of law a..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......n statement specific provision of rule 9 of Order VIII of the Code of Civil Procedure were not at all followed in allowing the defendant No.30 to file the additional written statement (Annexure-C) in question and accepting the same. Besides this, the impugned judgment and order appears to be non-s......he defendant No.30 (Annexure-A) that he had not given specific, not even by necessary implication denial of plaintiffs' case of pattan and possession of the suit lands and material allegations of the facts in the plaint which is mandatory under rule 3 of Order VIII of the Code of Civil Procedure and..Category: Property Law | Date: | Hits: 50
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