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Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....s scope of including both weapons as arms. According to him, knives and kiris which were recovered are not appliances common domestic use. So, he has argued that those are arms and the conviction was proper and Legal this connection, he referred to the case of Moudud Vs. State as reported in 18 BLD ...... Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the......cial Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998 should not be quashed. 2. It appears that the petitioner has been convicted under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petitioner at the v..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....aid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff after accepting the price fixed by Government and also for a decree ......d in: 53 DLR (HCD) (2001) 522. ...... Petitioner of Civil Revision Petition as plaintiff on 17-8-1985 laid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff af..Category: Property Law | Date: | Hits: 83
.... response to the public notice published on behalf of the respondent No.1, the petitioners submitted tenders to purchase the commercial premises at 25, Bangabandhu Avenue, Ramna, Dhaka, (‘the case- property’ in short) with the requisite earnest money and although their tender was highest still t......is also Reported in: 53 DLR (HCD) (2001) 519.......ernment of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and of no legal effect and why they should not be directed to complete the sale transaction in respect of the ..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....t case, the status quo of the plaintiff as to its status as a consumer of gas for industrial purpose goes back to 19-4-77, and it was continuing to enjoy the said status till it was disconnected. The proper remedy for mandatory injunction in terms of section 55 of the Specific Relief Act, seems to b......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......ory form. 2. The plaintiff filed the suit for declaration that the action of the defendants in disconnecting gas line of the plaintiff and continuance of such disconnection from 28-12-83 are all illegal arbitrary, mala fide, void and without jurisdiction” and for injunction directing the defend..Category: Others | Date: | Hits: 132
....0-10-94 (Annexure A) by accepting his offer.
3. Learned Advocate appearing for the respondents submitted that merely by submitting a tender petitioner did not acquire any right to get lease of the property in question as the respondent Trust reserved the right to cancel any tender without showing......al Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Mozammel Hussain J
ABM Ruhul Amin, Managing Director……………….….Petitioner
Vs.
Bangladesh Freedom Fighters Welfare Trust and others…….Respondent
Judgment
February 8, 1999.
Cases Referred to-
Mozaher Sawda......ng upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or rescind the same and to give..
Category: Property Law | Date: | Hits: 102
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
....y the learned Senior Assistant Judge, Barisal in Title Suit No.22 of 1990 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of ...... possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....ar the place of occurrence in the absence of any specific allegation against them the petitioners could not be charged with abetment of murder and, as such, rejection of their prayer for bail was not proper exercise of judicial discretion on the part of the learned Additional Session Judge. (8) S......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......he defence lawyers to cross-examine the PW 14. (5) Learned Additional Session Judge not being the appellate or revisional Court against the order granting bail by the learned Session Judge acted illegally in cancelling bail of the petitioners. (6) Bail of the petitioners was cancelled without ..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....sion with each other misappropriated Taka 1,71,870.00 from Janata Bank, Main Branch, Pabna by resorting to forgery and fabrications. The learned Divisional Special Judge on detailed consideration and proper appreciation of the evidence on record rightly found the accused persons guilty of the offenc......own the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......he learned Advocate appearing for the accused appellants submits that the learned Divisional Special Judge was wrong in convicting the accused appellants mostly on surmises and conjectures and not on legal evidence on record and, as such, the impugned order of conviction and sentence is not maintain..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
..... 3. Plaint case, in short, is that the suit land originally belonged to SA recorded tenant Abdur Rashid Matabbor, an uncle of the appellant. The Government acquired the suit land along with other property for Mirpur Housing Estate. After requisition and acquisition the government did not take ov......pellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 200......icient for satisfaction of the Court. The expression 'other sufficient grounds' does not appear to have been used by the legislature as ejusdem generis with the expression 'formal defect'. 20. The legal meaning of the word 'formal' is done in due form or with solemnity; according to regular way. ..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....an seven months, the suit was instituted. 16. Under section 42 of the Specific Relief Act one is entitled to institute a suit for a declaration when his legal character or any of his rights to any property is infringed. The declaration sought for by the plaintiffs is that, they are still the sole......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ......en. Then, on 9-8-2003, that is after more than seven months, the suit was instituted. 16. Under section 42 of the Specific Relief Act one is entitled to institute a suit for a declaration when his legal character or any of his rights to any property is infringed. The declaration sought for by the..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....esh commission for partition of the suit land, again. Hence, the Rule. 3. Mr. Mujibor Rahman Miah, the learned Advocate for the petitioners, submits that the impugned judgment of reversal is not a proper judgment of reversal as the appellate Court failed to comply with the mandatory requirements .........................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and another, AIR 1922 Madras 219; R......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
.... asserting that the present writ petition is not maintainable and the Rule is accordingly, liable to be discharged in limini. Regulation 3(6) of Martial Law Regulation No. 1 of 1982 is reproduced for proper appreciation as under: "No order, judgment, sentence or proceedings of a Martial Law Cour...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr......ing upon the respondents to show cause as to why the impugned judgment and order of conviction and sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. Lesanul Hoq lodged the first info..Category: Criminal Law | Date: | Hits: 52
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
.... on 19- 5-97 instituted the suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of possession of said property by eviction of the defendants therefro...... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref......rida Rahman met with a road accident in the USA and died instantaneously leaving behind her husband, Md Mokhlesur Rahman, father Hamiduddin Ahmed, mother Momena Khatoon and the plaintiffs as her only legal representatives. According to Muslim Law of Inheritance, husband inherited to the extent of 3/..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......orted in: 58 DLR (2006) 46.......sts/ positions as Godown Darwan, Godown Chowkider and Godown Keeper in the petitioners' bank as permanent workers should not be declared to have been passed without any lawful authority and are of no legal effect. 2. These Rules initially came up for hearing before a Division Bench of the High Co..Category: Employment/Service Law | Date: | Hits: 85
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed by the petitioners without any reference to the said Memo, as aforesaid and the order mentioned in Annexure B(1) and to pass such other or further order or orders as to this Court may seem fit and proper. 3. The petitioners in all these four writ petitions are commercial importers and they in ...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....rmation for the purpose of obtaining an order under sub-section (3). (3) If the Commission, after examining the said document and the relevant information, is satisfied that the said document was properly executed or issued in accordance with the laws, rules or regulations in force at that time,...... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case......o No. BTRC/LL-See/ World Tel/2002-11777 dated 7-8-2004 issued by respondent No. 2 under the signature of respondent No. 6 (Annexure-Al) should not be declared to be without lawful authority and of no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are; On 22-11-1998, th..Category: Information Technology Law | Date: | Hits: 321
.... her. The decisions on which the learned Assistant Attorney- General has relied on, clearly show that in interpreting fiscal law greater latitude has to be given but nevertheless if the same class of property similarly situated is subject to an incidence of taxation which results in inequality among......ussain Haider J
Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
......tory and arbitrary and the demand made pursuant to Annexure "C" and "D" respectively of the Writ Petition No. 1971 of 2002 and Annexure "B1" and "C" respectively of Writ Petition No. 28 of 2002 are illegal and without jurisdiction in view of the fact that in the 3rd Schedule at the import stage of t..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......isdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Invol......ondent No. 7. But the respondent Nos. 4 and 6 without paying any heed to the petitioner's representations decided to grant lease of the said Cattle Hat to the respondent No. 7 and thus committed an illegality, it is argued. 6. Mr. Sheikh Rezzaque Ali, on behalf of the respondent No. 7, submits th..Category: Others | Date: | Hits: 114
....ppeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purch......
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Abdul Moin ……………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents.
Judgment
March 28, ......respondent No.3. Additional Deputy-Commissioner (Revenue), Sylhet and the proceeding of mutation Appeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the pr..
Category: Property Law | Date: | Hits: 95
....tioners’ predecessor, Md. Haja Mondal did not acquire title to the entire suit land. That co-sharers of opposite-party No.2 had left Bangladesh and acquired citizenship of India and, as such, their properties had been declared as khas and, being vested to the Government. That the suit land along w......as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......g them as plaintiffs in place of their deceased predecessor. The trial Court took up the matter for hearing and by his order dated 17-6-1993 rejected the petition, and refused to vacate the earlier illegal order dated 13-6-1993.
5. Mr. Md. Moksed Ali, the learned Advocate appears on behalf of the..
Category: Procedural Law | Date: | Hits: 106
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