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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... notification in the Official Gazette, specify in this behalf. 3. In case of doubt as to whether a person is qualified to be deemed to be a citizen of Bangladesh under Article 2 of this Order, the question shall be decided by the Government which decision shall be final. 4. The Government may,......adesh as a foreign national by registering himself as a foreign national and he had only applied for his citizenship and as such his enrollment as a voter was a bonafide mistake due to concealment of facts about his foreign nationality; that the selection of the petitioner as Ameer of Jamaat‑e‑I..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....he is directed to do but also when he does an act which he is prohibited from doing. The learned Advocate also submitted that the provisions of Order XXI rule 32(1) of the Code of Civil Procedure are identical with the provisions of Order XXXIX Rule 2(3) of the Code and he has referred to the case o......XXIX Rule 2(3) of the Code and he has referred to the case of State of Bihar Vs. Rani Sonabati Kumari reported in 1964 AIR (SC) 61 in support of his contention. 10. As has been mentioned above the question for determination is whether in the event of violation of a decree for prohibitory injuncti....... The impugned order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj is set aside and the learned Assistant Judge concerned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......) and 47A of the Constitution; through the alleged proceedings of ICT-BD Miscellaneous Case No.1 of 2010 were unsuccessfully challenged in Writ Petition No. 6836 of 2010. 24. One of the most vital questions that have cropped up in this case is whether the Tribunal is subordinate to the High Court...... 32. Rule 6 of the Rules of 2010 contemplates that if the Investigating Officer has reason to believe that any offence has been committed, he shall proceed in person to the spot, investigate the facts and circumstances of the case and if necessary, take steps for the discovery and arrest of the..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......seniority. By way of explanation he pointed out that all Judges of the Supreme Court, once appointed, carry the same weight and the judgments pronounced by them also carries equal weight. There is no question of any Judge being junior or less important than any other who is senior. Each Judge, inclu......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ic purpose is stated in the notice then the right given to the objector under Section 4 is rendered nugatory and illusory." 9. This Court applying that test notes that the Section 3-notices issued identically to the Petitioners formulates the purpose of acquisition for the intended beneficiary th......ces of this case a thorough examination of the nature of the civil works intended to be under taken on the acquired land, the extent to which it furthers the objectives of the Co-operative Society in question, and promotes the interest of its members in providing accommodation to them. From the reco......ommissioner reported in 41 DLR 326. Mr. Kamruzzaman submits that acquisition of property for a co-operative society per se is not to be deemed as serving a public purpose in the absence of additional facts and materials showing the purpose for which such co-operative society intends to use the acqui..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......he High Court Division cannot give such direction. 6. Mr. AFM Mesbahuddin, learned Counsel appearing on behalf of the petitioners in Civil Petition No.869 of 2011 contended that there are disputed questions of facts involved in this matter and the High Court Division acted illegally in directing ...... Division cannot give such direction. 6. Mr. AFM Mesbahuddin, learned Counsel appearing on behalf of the petitioners in Civil Petition No.869 of 2011 contended that there are disputed questions of facts involved in this matter and the High Court Division acted illegally in directing for correctio..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......der and the relevant Annexures mainly submits that the respondent cannot give such direction for encashment of the Bank Guarantee admittedly when the authority concerned had already sent the goods in question for chemical examination to BCSIR, Dhaka and the department of chemistry of University of D......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......oceeding initiated which is admittedly barred under Article 182 of the Limitation Act. Before this Court or even before the High Court Division the petitioners failed to produce any paper showing the facts of earlier execution proceeding. It is well settled that the decree may be executed within 12 ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......of the learned Additional Sessions Judge when P.W.1 did not say in his evidence anything about his alleged mental condition cannot but be deprecated. The informant, on the other hand, in reply to the questions put to him in cross-examination wrongly asserted that he stated all those important incrim......he Magistrate on 29.12.88. 9. The prosecution examined as many as 12 witnesses whereas the defence examined none. The learned Additional Sessions Judge, in consideration of the evidence on record, facts and circumstances of the case, convicted and sentenced absconding accused Sanwar Hossain and s..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......y refused to do so and, hence the suit. 3. The defendant No.3 appeared in the suit and filed written statement denying all the material allegations of the plaint contending that the baina patra in question is forged and created, as such the suit is liable to be dismissed. 4. At the trial the p......minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ...... York office to "add confirmation" was further found to support HELM's claim that the Letters of Credit were not confirmed in accordance with the terms of the contracts. This, therefore, raised the question whether BCIC could assert that the non-shipment of the goods by HELM under the circumstance...... of 2007 and No. 4 of 2008. Judgment Syed Refaat Ahmed J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at..Category: Alternative Dispute Resolution | Date: | Hits: 172
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ect of the judgment and order dated 19.02.2009, passed by the High Court Division, refusing to uphold an order of status quo, passed by the Trial Court, in Civil Revision No.3393 of 2008. 2. The facts, in brief, are that the petitioners filed a suit, being the Other Class Suit No.375 of 2007,..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......hibit-3 series and on the other hand, the defendant failed to produce title deed in support of his case and that he filed a photostat copy of a deed which was not also exhibited in the suit. On the question of possession, the High Court Division assessed the evidence on record and found that thoug......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioners filed Title Suit No.160 of 1994 in the Court of ..Category: Property Law | Date: | Hits: 71
...., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......eal by leave is directed against the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No. 1050 of 1998 summarily rejecting the petition.
2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company...
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......the judgment and decree dated 26.06.2006 (decree signed on 02.07.2006) passed by the learned Assistant Judge, Baliadangi, Thakurgaon in Other Class Suit No.15 of 2004 dismissing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: 3. Respondent No..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......ruck down as being arbitrary, mala fide and ultra vires the Constitution. 5. Writ respondent Nos.1 and 3 contested the writ petition by filing affidavits-in-opposition making similar statements of facts. The substance of their claim is that Chapter I of Part I of the Constitution deals with the s..Category: Constitutional Law | Date: | Hits: 441
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......operty concerned henceforth stood transferred in favour of the plaintiff as the tender money was received in full by them. The plaintiff was further advised to take over possession of the property in question from Mr. Q.M. Karnal, Senior Assistant, Jute Trading Corporation Ltd. and Inspector, Specia...... Court in First Appeal No. 117 of 1998 affirming the judgment and decree dated 25.2.1998 passed by the Subordinate Judge Court, Narayanganj in Title Suit No.345 of 1992 dismissing the suit.
2. The facts leading to the filing of this petition for leave to appeal, in short, are:
3. The schedule ..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......e. 21. We do not dispute to the proposition that a person duly authorised by a power of attorney by his principal can depose as a witness on behalf of his principal in a civil proceeding, but the question is the evidentiary value of a particular witness. Normally, an agent deposes on behalf of h......e in evidence. Phipson on Evidence, Ninth Edition, at page 455 stated that "pleadings are admissible, in subsequent proceedings, to prove their own existence, the institution of the suit, and the facts in issue between the parties. But being regarded in other respects rather as the suggestions o..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......particular, of P.W. 7 Makhan Lal Poddar as to Taposh’s dying declaration implicating the accused persons as above. The credibility of these assertions as to the ostensible dying declaration becomes questionable upon consideration of the deposition of the P.W.15 S.I. Borhan Uddin as Investigation O......r arranges for Taposh to be sent by taxi to a hospital. It is soon, thereafter, that Taposh is reported to have been declared dead. The informant eventually deposed as P.W.3 reiterating generally the facts as stated in the F.I.R. commencing with his son having been called away from home by the accus..Category: Criminal Law | Date: | Hits: 106
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