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Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......gned before this Court. 14. The point to be decided by this Court boils down to a narrow compass and it is whether the tribunal acted within jurisdiction or not in ordering so. In other words, the question would be whether this Court can intervene to correct the decision of did statutory Tribunal......ence of both the parties and their learned lawyers." 22. From a reading of the said order, translated into English from Bengali, it would thus be seen that the Tribunal had applied its mind to the facts of the case and to the allegations made therein, the depositions of the witnesses for both the..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......y the plaintiffs for permanent injunction. 3. The defendant Nos. 1 and 2 filed written statement to contest the suit by denying the material allegations made in the plaint and also by raising some questions of law including the question of maintainability of the suit, the same being hit by sectio......12.83 of the Assistant Judge, Matlob Upazila in connection with an application for temporary injunction under Order 39 rule 1 of the Code of Civil Procedure in Title Suit No.32 of 1988. 2. Short facts giving rise to this Rule are as follows: The plaintiffs‑petitioners instituted the above ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......d Momtazuddin Fakir, Advocates ‑ For the Opposite Party. Civil Revision No.443 of 1986 (Rangpur) Civil Revision No.5012 of 1991 (Dhaka) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and decree dated 31.5.86 and 7.6.86 respectively......s, he intended to say it is a permissive possession but there is no material on record to support this contention. Relying on this principle laid down in section 57 of Mohammedan Law and taking other facts into consideration it was held that Badarganj property was acquired by both the brothers and b..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... AM Mahmudur Rahman J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1.......instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in hold..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......lved: Shahid Alam, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......Nuru and she voluntarily came out of her father's house, accompanied her paramour Nurul Islam and got herself married with him and thereafter allowed her to be sexually intercoursed. So, there was no question of her taking away out of any lawful guardianship of her parents without their consent for ......ade out is false and fabricated and the same has been brought against the accused persons due to existing enmity and litigations between the parties. The learned Special Judge on consideration of the facts and circumstances of the case and the materials on record found accused appellant Nos. 1 and 2..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......edly the petitioner has been removed from service against which Writ Petition No.332 of 1991 has been filed which we shall deal presently. We therefore find that it is not worthwhile to look into the question of legality of the impugned order (Annexure E) which has not been pursued and has become in......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ...... Rahman Chhana, learned Assistant Attorney-General appearing for the respondent-Government. Mr. Chhana has raised a preliminary point as to the maintainability of the petition. So let us consider the question of maintainability first. Mr. Chhana submits that the writ petition is not maintainable bec...... the Constitution normally does not arise. But the presence of alternative remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circumstances of a particular case are such that the accused person had no reasonable oppo..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order dated 7-3 (Annexure-H). Both the Rules having involved common question of law these are being disposed of by this judgment. 3. Learned Advocate for the petitio......e respective Writ Petition under the authority of Excise and Salt Act read with Excise and Salt Rules they cannot now plead Special Limitation under Rule 11 of the Excise and Salt Rules, 1944. In the facts and circumstances of the respective case there was no question of limitation in refunding the ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ...... Appeal No.2311 of 2010 and No. 803 of 2011 arise out of the judgment and order dated 25.04.2010 passed by the High Court Division in Writ Petition No. 772 of 2010 making the Rule absolute. 3. The facts relevant for consideration of the two leave petitions in brief, are as follows: 4. The writ..Category: Others | Date: | Hits: 153
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......on the face of record, or for any other sufficient reason. In this present case the learned Attorney General could not make out any of the above stated grounds for review of the judgment and order in question. 7. We have gone through the impugned judgment of the High Court Division and the judgme......e is other sufficient reason warranting review of this judgment and order. In the circumstances this review petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..Category: Property Law | Date: | Hits: 58
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......missed. 4. The High Court Division upon hearing the parties by the impugned judgment made the rule absolute and directed the writ respondent Nos.2-5 "to make correction of the voters list in question by excluding above mentioned 672 voters and thereafter to hold the election" and in case ......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....ad been rehabilitated in the Hill Tracts. This was disliked by the Shanti Bahini and they resisted it with arms. From 1983 no new settlement of the Bengalees has taken place. On 6th March, 1989 three identical laws, namely, Rangamati Hill District Local Government Council Act, 1989 (Act 19 of 1989...... Government in 1860, then enacting the Chittagong Hill Tracts Regulation, 1900 (Regulation No.1 of 1900) (hereinafter referred to as the CHT Regulation, 1900) and framing of Rules thereunder, but the questions as to the constitutionality of the sections of Acts 9, 10, 11 and 12 of 1998 and Acts 19, ......to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it appears from the writ petition, the writ-petitioner stated facts therein tracing back to the history of pre-liberation period leading to the formation of Chitt..Category: Constitutional Law | Date: | Hits: 219
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......e State that in the meantime the investigation of the case has been completed and many tangible evidence have been gathered showing involvement of this accused-respondent in sending the e-mail in question. 7. The learned Advocate for the accused-respondent did not deny the submission of the l......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...Category: Information Technology Law | Date: | Hits: 285
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......nd another were examined under section 342 Cr.P.C. to which they repeated their innocence. 5. Thereafter the learned Assistant Sessions Judge, in consideration of the evidence on record as well as facts and circumstances of the case found the accused appellant and another guilty for the offence c..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......itted that the granting of injunction by the learned District Judge without fresh evidence has caused an error of law occasioning failure of justice. Mr. Khan has further submitted that when disputed question of fact has arisen, no injunction should be granted. Mr. Khan further submitted that by giv...... fledged discussion upheld the spirit of the letter written by the defendant No.1 and the ad‑hoc committee has been legally constituted. 42. The learned Assistant Judge upon consideration of the facts and circumstances of the case finds in his judgment a Prima facie arguable case in favour of t..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......Tenancy Act and the other plot attached to the homestead being as agricultural land then the pre‑emption under section 96 of the State Acquisition and Tenancy Act will arise and in that situation a question of partial pre‑emption in respect of the lands of the same Khatian will arise and it is n...... passed by learned Munsif 1st Court, Sylhet in Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading to the issuance of this Rule are that the petitioner instituted the said Miscellaneous..Category: Property Law | Date: | Hits: 52
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......llants, has referred to the case of Abdul Hakim and others Vs. State reported in 43 DLR 389 in support of his contention that confessional statement recorded in a plain paper without the narration of questions and answers may make it inadmissible if the provisions of section 164 CrPC on material poi......ey pleaded not guilty and declined to say anything further or to produce any defence witness. The learned Additional Sessions Judge, 2nd Court, Mymensingh on consideration of the evidences on record, facts and circumstances of the case found the accused persons (the present appellants) and three oth..Category: Criminal Law | Date: | Hits: 74
....District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......ticle 102(2) (b) (i) of the Constitution the detention of Md. Mamun Rana, son of Muklesur Rahman of No. 44, Lalchan Mukim Lane, police station Sutrapur, District Dhaka Central Jail has been called in question.
2. The detenu Md. Mamun Rana, was taken into custody in execution of an order of detent......, therefore, find that the detenu is being held in custody without lawful authority.
7. Before we pass the final order in this case we like to observe that although in the grounds of detention the facts disclosed contained sufficient materials to invoke the provision of section 3 of the Special P..
Category: Criminal Law | Date: | Hits: 105
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......the impugned orders of transfer infringed Rule 4 of the Government Servant (Appointment and Promotion) Rules. Secondly, the transfer order is mala fide and without any lawful authority. To answer our question as to maintainability of the petition Mr. Hossain contends that the petition is competent u...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ..Category: Administrative Law | Date: | Hits: 205
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