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....cation dated 4.7.92 is for passing an order of dismissal in respect of Writ Petition No.1521 of 1991 and the other petition dated 21.7.92 is for drawing the order of its abatement.
2. Briefly, the facts are, that the Writ Petition No.1521 of 1991 was directed against the judgment and award dated ......me Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
Government of the People's Republic of Bangladesh represented by the Land Acquisition Collector, Dhaka, Police Station Kotwali in the City of Dhaka...........Petitioner
......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391...
Category: Alternative Dispute Resolution | Date: | Hits: 213
.... the deponent's information derived from the official records which he believed to be true. But as directed by us the respondents failed to submit any official record before this Court.
15. In the facts and circumstances as discussed above we hold that the enlistment of the petitioner's property ...... issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list of the abandoned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No....... which reads as follows:
"A Court of Settlement shall, after such enquiry as it may deem necessary any after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it..
Category: Property Law | Date: | Hits: 86
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....eal and revision provided under the Customs Act. In the instant case we are of the view that without exhausting those remedies, the petitioner cannot invoke the writ jurisdiction of this Court in the facts and circumstances of the case. 10. On the grounds stated above the petition is summarily re......al Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chittagong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Han...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....ld be hanging there for an indefinite period which cannot be done and this is the consistent view of the courts of this sub‑continent in this regard. Mr. Attorney‑General, by reference to certain facts and to the reasonings of the court below in rejecting the criminal application under section 3......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1......the accused as to the possession of so much property which is beyond his means when the accused allegedly replied that those are not that much. That part of the deposition ought not to have gone into evidence. Further, there was no proper identification of the goods at the Senabhaban in presence of ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....aniachong in GR Case No.30 of 1988 refusing to take cognizance of the offence under sections 147/148/302/427 and other sections of the Penal Code and the Cattle Trespass Act, was set aside. 2. The facts of the case, in brief, are that one Kuti Miah lodged FIR on 11.5.86 with the Baniachang Poli......Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,1991. Cases Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16);......arned Advocate for the petitioners, next submits that the learned Sessions Judge while dealing with the application under section 436 CrPC exceeded his jurisdiction in entering into the assessment of evidence recorded by the Magistrate and himself arriving at a finding that prima facie case has been..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....adaripur cancelling their gun licences No.20 and 9/84 without asking any reason and without giving them any chance to be heard before the order cancellation of the said licences was passed. 2. The facts of the case are, that the Officer-in‑Charge, PS Shibchar, District Madaripur by orders con......ted in: 44 DLR (HCD) (1992) 110. ......petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
.... the Code of Criminal Procedure for quashing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate, Dhaka under section 108 (2) of the Companies Act, 1913. 2. The facts of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before...... is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....the learned Advocate has referred to the decision reported in 53 CWN page 678. 10. I have been taken through the Judgments pronounced by the Courts below as well as the evidence on record. Certain facts are admitted in this case. Opposite party No.1 Toyezuddin is admittedly a co‑sharer of the d......uth, Advocates-For the Opposite Party. Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Subordinate Judge, Joypu......case is barred by time, that it suffers from defect of parties and that the opposite party has gifted the suit land to his 4 sons by registered Heba‑ bil‑ewaz dated 1.7.77. 5. Both parties led evidence in support of their respective contentions and on consideration of the evidence on record t..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....was presented in Court by a pleader authorized to appear on behalf of the complainant. Furthermore, it was not accompanied by an affidavit. Therefore, there could be no guarantee for the truth of the facts stated therein. No doubt, it was accompanied by a telegram and even though it was addressed to...... ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
.....
8. None has appeared to oppose the Rule.
9. Mr. AKM Shahidul Huq, the learned Advocate appearing for the petitioners, submits that the learned District Judge did not set aside the findings of facts arrived at by the learned trial Court regarding the alleged contract with the plaintiffs and t......This Case is also Reported in: 44 DLR (HCD) (1992) 98.......e suit. It is their further case that the defendant No.1 transferred some lands to a third party.
5. The learned trial Court after believing the alleged story of contract and after considering the evidence adduced by both the parties decreed the suit.
6. In appeal, the learned District Judge d..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....f justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He argues that since complicated questions on facts are involved and dispute as to the nature of Trust whether the same is public or private is th......ds vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......at issue (1). Where the parties are at issue on some question of law or fact, and issues have been framed by the Court as herein before provided, if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficien..Category: Procedural Law | Date: | Hits: 62
.... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......This Case is also Reported in: 44 DLR (HCD) (1992) 94....... is the owner of 67 acres of land by purchase and inheritance and has been enjoying the possession thereof. So the plaintiffs have got no tide.
4. After considering the oral as well as documentary evidence in support of the possession of the plaintiffs the trial Court came to a definite finding t..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....viction passed against them sentencing them to death by hanging referred to above. Both the reference and the appeal are taken up and heard together and disposed of by the same judgment. 3. Short facts leading to the lodging of the FIR is that on 20th March, 1987 one Abdus Sattar informed the po......) 83. ......nesses and hearing the argument the learned trial Court convicted the appellants under sections 302/34 of the Penal Code and sentenced them thereunder as above mentioned. 7. Let us now take up the evidence of the prosecution witnesses which are as follows: P.W.1 Md. Abdul Wahab was the then su..Category: Criminal Law | Date: | Hits: 110
....n order to bring out the grievances of the petitioner in clear cut line. The respondent No.2 Bangladesh Krishi Bank opposed this writ application by filing affidavit‑in-opposition. So far the broad facts are concerned there is no serious denial of the same in the affidavit‑in‑opposition. The r......
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents
Judgment
December 2, 1992.
Lawyers Involved:
Abd......he period of 30 days from the service of any process for enforcing the certificate. Upon such denial of the liability under section 9 of the Act, the Certificate officer shall hear the petition, take evidence if necessary and determine whether the certificate debtor is liable for the whole or any pa..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....r Sections 2 (ট) (আ) and (ই) and Section 4(2) of the Money Laundering Protirodh Ain,2009 (Ain No.8 of 2009), now pending before the Court of Metropolitan Senior Special Judge, Dhaka. 3. The facts leading to the writ petition is that the Assistant Director, Special Enquiry and Investigation......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment......reby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of the record. Unless the impugned order shows as such merely reversing the order basing on the evidence on record would render the order in review without jurisdiction. Similarly, an error which ..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ecial Case No.161 of 1984 arising out of GR Case No.171 of 1978 of Magura PS Case No.11 dated 23.8.1978 pending in the court of Divisional Special Judge, Khulna Division, Khulna was stayed. 2. The facts of the case stated, in short, are as follows: On 23.8.1978 at about 16.35 hours, one S. Jam......……………Opposite Party Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqul......he FIR does not disclose any offence against the accused petitioner but the criminal proceeding is being dragged on for more than 14 years during which period the prosecution has failed to adduce any evidence. The learned Counsel also submits that the principal accused having died and the bank itsel..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....the Appellate Division. Be that as it may, we would discourage the practice adopted by the learned Subordinate Judge in throwing out the pre‑emptor's application by the order dated 30.8.78." The facts of the above quoted reported case are completely similar to the present case and as such I fin......ioners Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Ur...... of the allegation in the plaint that the plaintiffs respondents did not nominate their representatives in the Village Court the plaint can not be rejected. To determine the truth of this allegation, evidence is necessary and this can be available only in the course of trial of the suit which is pri..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....tances but one rule is firmly established that once the abnormal period of limitation is allowed to run out the applicant has to explain every day's delay beyond the period of limitation. Viewing the facts stated hereinabove in the light of the above settled principle I am unable to hold that the pe......in: 45 DLR (HCD) (1993) 381. ......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ..Category: Procedural Law | Date: | Hits: 72
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ivy Council as well as the decisions of the Dhaka High Court and of this Court we respectfully differ from the view taken by the learned Judge in the case reported in 35 DLR page 224. Considering the facts and circumstances of the present case we hold that the present suit for mere declaration is ma......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.1997, the petitioner was appoin......Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
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