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Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....cence and was continuing his cinema business since from his father in 1943 and there accrued a vested right and without show cause the cancellation of licence is violative of the principle of natural justice. He further submits that since there are disputes regarding ownership of the land it is very......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ...... Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Has......Memo No. JM/420 dated 19-6‑2002 issued by the Deputy Commissioner, Kishoregonj canceling the licence of the Universal Talkies Cinema Hall situated at Kishoregonj is null, void, forged, illegal, unlawful and not binding the plaintiff. 3. The plaintiff’s case, in short, is that the father of ..Category: Property Law | Date: | Hits: 62
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......sain J AKM Fazlur Rahman J Basiran Bewa ............Petitioner Vs. State………Opposite Party Judgment July 4, 2004. Result: The Rule is made absolute. Cases Referred to- Yusuf Hasan Vs. MA Rezaul Ferdous, 48 DLR (AD) 43; Abdul Matin and others Vs. The State, 42 D......a Akter, that while Hena Akter was living in the house of her husband on 4‑5‑1998 the accused persons caused her death administering poison mixing with rice and that the petitioner, the mother-in-law of the deceased, supplied her poison-mixed rice. After the death of Hena Akter, an UD case was s..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140....... in Partition Suit No.12 of 1992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her from her mother Rabiya Khatun. 3. The d......is passed can file an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and in that view of the matter the trial Court taking an erroneous view of law illegally entertained the application under Order 9 rule 13 of the Code of Civil Procedure and s..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......e Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel ...... matter Rule was issued calling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect. It is stated in the writ petition that the petitioner is..Category: Administrative Law | Date: | Hits: 183
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......134.......n and obtained the present Rule.
14. Hasan Foez Siddique, the learned Advocate appearing on behalf of the plaintiff- petitioner, submits that Pulin Behari being dead his son Nirmal Kumar Paul, the lawful heir of Pulin was a party in the suit but he did not contest the suit and thereby accepted th..
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....nts close the business and sell the properties the respondent 1 would not be able recover the claim. And accordingly, prayed attachment of the properties as mentioned in the schedules for the ends of justice. The respondent 1 also on 27-11-95 for such order filed an application under section 151 CPC......reconciliation of the accounts of both the parties and on verification by their representatives it was found that the appellants were liable for Taka 4,31,46,544.61 with interest as on 31-3-95. Thus, according to the respondent 1 the appellants were liable for Taka 4,79,15,321.71 with interest upto ...... Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 D...... or delay execution of any decree and the allegations made in the applications are vague and general in nature without any concrete material before the Court below for its satisfaction as required by law and he contends that there being no specific statement regarding the attempt to do so with mater..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....t, disposed of the suit and the appeal on merit by the impugned order passed in interlocutory matter and has thus erred in law resulting in an error in the decision of the case occasioning failure of justice. He further submitted that the petitioners (ad-hoc Committee) has done nothing except comple......injunction restraining them from functioning as such in any way and conducting any meeting of the Samity or utilising its fund including-holding of election, etc. and the learned Joint-District Judge accordingly, restrained them by his order dated 25-5‑03 allowing the application. The present pl..............................Petitioners Vs. Khatibuddin Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia......nding and acceptable, etc., the learned Additional District Judge has, in fact, disposed of the suit and the appeal on merit by the impugned order passed in interlocutory matter and has thus erred in law resulting in an error in the decision of the case occasioning failure of justice. He further sub..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....oner submits that in the instant case, the Artha Rin Adalat clearly erred in law in passing the impugned order without holding the mandatory preliminary enquiry and the same has occasioned failure of justice and, consequently, the impugned order is liable to be set aside in the interest of justice. ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......ated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be Court concerned with the land at ......l perusal of the materials before him, passed the impugned order dated 10‑1‑2001 lodging a complaint to the Magistrate concerned for proceeding against the defendant-petitioner in accordance with law. Being aggrieved by the aforesaid impugned order dated 10‑1‑2001, the petitioner moved th..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......at about Taka 21,00,000. 33. In the circumstances, we find learned Subordinate Judge erred in law in refusing a decree for the works done by the plaintiff and received by the defendant. The appeal accordingly, succeeds. But the plaintiff will not get further compensation of Taka 2,19,380 as he cl.....................................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal is allowed. Cases Referred to- Bengal Nagpur Railway Co. Ltd. Vs. Ruttanji Ramji and others, AIR 1935 Calcutta 347; Ram Pert......psible gate, sanitary, electric works, earth development, painting, etc. Even after the defendants received the works done and goods delivered by the plaintiff, the learned Subordinate Judge erred in law in refusing decree for such extra work. In support, he relied upon a decision in the case of Ben..Category: Civil Law | Date: | Hits: 99
....tage of their absence in Bangladesh, both the Courts below committed an error of law in failing to consider the same and the same has resulted in error in the impugned decision occasioning failure of justice and thus, on such ground the suit may be sent back-on remand to the trial Court for deciding......attorney, Ishtiaque Khaled by a registered deed dated 5.10.97 and defendant No.2, Monjur Ahmed transferred his share to plaintiff No.5, Md. Abdul Wadud by executing a registered deed dated 7.9.98 and accordingly, the plaintiff Nos. 1-5 became exclusive owner of the suit land; that entire land of the......Opposite parties.
Judgment
August 19, 2010.
Result:
The Rule is discharged.
Cases Referred To-
Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 24 BL......nically decreed the suit in favour of the plaintiffs.
16. On the other hand, Mr. Md. Mahbub Ali, the learned Advocate relying on the decision reported in 32 DLR 252 submits that the proposition of law is well settled that a registered kabala is an evidence of title which will prevail over other r..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
.... the inherent power of the Court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the process bf any Court or otherwise to secure the ends of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical......e on receipt of complaint petition sent the same to the officer-in-Charge, Patenga Police station to treat the same as FIR and to submit report under section 173 of the Code of Criminal Procedure and accordingly Patenga PS Case No.04 dated 11.04.2004 was started which gave rise to GR Case No.268 of ......itioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The Rule is discharged and Order of stay stands vacated. Cases Referred to- State of Madhya Pradesh Vs. Dr. Krishna Chandra Saksena, 1997 (1) Crimes 5 (SC); Sukumaran Na......ion under section 561A of the Code of criminal Procedure and the affidavit in opposition filed by the opposite party No.2 and submits that the learned Metropolitan Sessions Judge, Chittagong erred in law in not setting aside the order dated 15.01.2008 passed by the Metropolitan Magistrate on the gro..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. ......ting that the miscellaneous case filed by the petitioner could be considered by the learned Judge of the Artha Rin Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mandatory p......t was decreed in preliminary form and the decree was made final on 11‑10‑98. The respondent bank put the decree in execution in Title Execution Case No.94 of 1998. The property of the judgment-debtor was put to auction sale and that was purchased by the respondent No.1 on 18‑11‑02 at a price......in Adalat only after furnishing of security at the length of 25% of the decretal amount according to the provision of section 32(2) of the Artha Rin Adalat Ain, 2003 which is a mandatory provision of law. 4. Mr. Bivash Chandra Biswas, the learned Advocate appearing for the petitioner, has contend..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....116A and 117 of the Constitution inasmuch as in violation of the Article 58B of the Constitution. 5. Further case of the petitioners are that the offender should be tried by the competent Court of justice or a Tribunal under the law of the land. But the commission has been established under the i......ce is a policy decision and such policy decision expressly is prohibited under Article 58D of the Constitution. 10. Further case is that the Ordinance 27 of 2008 which is a new policy decision and according to Article 58D no policy decision shall be taken by a Non Party Care Taker Government and ......awyers Involved: Mr. Tawfique Nawaz, with Mr. A.F.M. Mesbahuddin, Mr. Adilur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant At...... (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be declared to have been made without lawful authority and is of no legal effect and ultra vires of the Constitution. The petitioner No..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....e as to recovery of weapons of offence from possession of convict-appellant. Judgment of conviction and sentence upon convict-appellant does not appear to have carried marks of true dispensation of justice and decision reached by Petitioner Special Tribunal does not seem to have been rested on cor......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. ......l Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advoc......spires confidence in the mind of the Judge. A Police Officer or a Police Personnel is as good a witness as any other private witness provided his statement as witness carries credibility. There is no law that evidence of a Police Personnel as witness is liable to be flung to wind on the ground that ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....plaintiff. She lastly submits that considering welfare of children, trial Court passed such order, but Court of appeal below without considering such welfare reversed the order causing miscarriage of justice. 5. The learned Advocate appearing for opposite party by filing Counter affida...... support his right to act as guardian in any matter, but when the Court is satisfied that it is for welfare of children that an order should be made for their custody the Court may make an order accordingly. In view of such facts I hold that the order of the Court of appeal below is not just an......positeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st 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 instanc......e. 4. The learned Counsel appearing for petitioner submits that by exercising power under Section 16A of the Family Court Ordinance, 1985 (briefly as Ordinance), Family Court is empowered by law to pass such interim order. She adds that there is an allegation that defendant killed his wife ..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.
......laintiff company applied for issue of an irrevocable letter of credit for US$ 9,69,240 equivalent to Taka 2,62,59,232 which the managing director of the bank approved on the same date, Exhibit 7, and accordingly, the bank issued a letter of credit for said amount of US$ 9,69,240, Exhibit 9.
46. T....................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Result:
The appeal is allowed.
Cases referred to-
Sahera Bibi and others Vs. Abdul Motaleb and others, 17 DLR 373; Habibullah and others Vs. A ......the bank obtained a contested decree in Title Suit No. 219 of 1987 the plaintiffs brought the suit as a counterblast to obstruct the execution of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence ..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
.... 8. Mrs. Ferdousi Sahab, the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge committed an error resulting, in an error in the decision occasioning failure of justice in rejecting the application without considering that the alleged fraud cannot be determined......d 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1‑4 were directed to show cause as to why the aforesaid order......nagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1‑4 were directed to show cause as to why the aforesaid order should not be set aside. 2. The plaintiff-petitioners......ation of fraud and forgery has been made, is the basis of the present suit and until and unless the original document is brought before the Court fraud and forgery cannot be proved in accordance with law. Thus the plaintiff-petitioners will not be able to succeed in the present suit. Accordingly, th..Category: Civil Law | Date: | Hits: 75
....as 15% VAT (Annexure-A). He claimed that he is not liable to pay Value Added Tax on his personal telephone set and refused to pay VAT on his telephone bill. On 1-12-94 the petitioner sent a demand of justice notice to the respondent No.2 but to no effect.
3. Being aggrieved the petitioner moved t...... 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.
......dul Islam with Nahid Mahtab and Ms. Ayes Morshed, Advocates - For the Respondent No.3.
Writ Petition No.2339 of 1994.
Judgment
K M Hasan J.- The Rule was issued calling upon the respondents to show cause why the amount of Taka 100.53 added as VAT to petitioner’s Telephone Bill of October......le was issued calling upon the respondents to show cause 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, ar..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....t of the Appellate Division. 6. Since no action was taken on the application made by the petitioners for mutating their names they were constrained to serve a notice upon the respondents demanding justice. Though the notice was served upon the respondents no action was taken. The petitioners, the......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. ......a Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is made absolute. Case referred to- Kazi Kamal Vs. RAJUK and another, 44 DLR (AD) 291. Lawyers Involved: Md. Idrisur Rahman......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. ..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. ......ub‑section (1) of section 10 of the Ordinance, before taking possession of the acquired land, the Deputy Commissioner shall tender payment of the compensation awarded by him to the persons entitled according to the award unless prevented by any of the exigencies mentioned in sub‑section (2). ......n) Present: Md. Abdur Rashid J S Rahman Miah J Animal Protection Society Chittagong ………Appellant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advo...... the intention of the legislature that it when an award was made in the name of wrong person, through collusion or otherwise, the rightful owner of such property will have no remedy under the general law to establish his title to the compensation as awarded. 21. In the instant suit, as stated abo..Category: Property Law | Date: | Hits: 61
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