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Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......8 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chittagong and......ng shows that all structures on the land were intact. The purpose of video recording is to see that the existing trees and structures on the land proposed to be acquired are intact for the purpose of determination of compensation of those structures and that any unscrupulous affected land owner cann..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ...... prohibition on the promotion of the writ-petitioner respondent to the post of Superintending Engineer as a right has already accrued to him under BADC Service Regulations, 1968." 13. The principle expressed in the above case applies to the case in hand as when the petitioners joined t......ager, Flight Service on 8.9.2005. Lastly, the petitioner was placed as Manager, Flight Service (Briefing) on 11.10.2005. The petitioner was born on 6.1.1957, that is, he has another 7 years left before his retirement in the ordinary course of his service. The petitioner received the impugned ord......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......been put into possession of their respective saham pursuant to the final decree passed in the previous suit there is no scope of re-opening the matter so, the instant suit is clearly barred by the principle of res judicata within the meaning of section 11 of the Code and, as such, the plaint wa......er or further order or orders as to this Court may seem fit and proper. 2. Opposite party’s No. 1-6 as plaintiffs filed the said Suit in the Court of Subordinate Judge, 2nd Court, Sylhet for partition imp leading the present petitioner as defendant No. 1 along with others. It appears t......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......he observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principle of res judicata. Against the said order of the learned Subordinate Judge, the defendant-pe......p;……………Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......n the observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principle of res judicata. Against the said order of the learned Subordinate Judge, the defendant-p...... May 26, 2008. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 9, rule 8 Whether the cause of action to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......ule is made absolute. Words and phrases Any The word “any” used with singular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as ......sions of this Act, be punished with imprisonment for a term which may extend to one year or with fine, which may extend to thrice the amount of the cheque, or with both. Question again calls for determination, as to whether 'any' mentioned in the section can be used as more than one. 6. As..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......t maintainable in the circumstances of the case the instant suit for declaration title and for recovery of khas possession along with the other reliefs was quite maintainable in law and, as such, the principle of constructive resj udicata has got no manner of application as sough to be arg......t Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. kh......ly to the service of the said notice shall be postponed. Section 9 of the Act has clearly provided for filing petition denying the liability and section 10 thereof has spelt out about the hearing and determination of such petition. The defendants in their written statement did not specifically chall..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......an be liberated of the charge levelled against him on bestowing a Ruling of acquittal on finding him not guilty of the charge. 29. In approaching and answering to the points drawn up, the cardinal principles of criminal jurisprudence in awarding conviction followed the sentence upon an indicted p......o Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment fo......rmaker from the house of Abdul Gafur of Budhahata. 27. These are all the evidence adduced by the prosecution. 28. In the wake of the contentions advanced from Bar, the points which out last for determination are: 1. How far the prosecution has succeeded in driving home the charge to the doo..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......an be liberated of the charge levelled against him on bestowing a Ruling of acquittal on finding him not guilty of the charge. 29. In approaching and answering to the points drawn up, the cardinal principles of criminal jurisprudence in awarding conviction followed the sentence upon an indicted p......o Satkhira police station case No.43 dated 26-3-1995 convicting accused appellant Kazi Ramimul Islam under section 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment fo......rmaker from the house of Abdul Gafur of Budhahata. 27. These are all the evidence adduced by the prosecution. 28. In the wake of the contentions advanced from Bar, the points which out last for determination are: 1. How far the prosecution has succeeded in driving home the charge to the doo..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......down in section 17 of the Ain is merely directory one. It has been held in the case of Bangladesh Marine Fisheries Association Vs. Government of Bangladesh reported in 52 DLR 273 that it is a settled principle of law as to the interpretation of any statute that if the law providing any obligation is......n Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... 4. Defendant Nos. 1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of estoppels, waiver and acquiescence and that Water Development Board is a semi- Governme......or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no ground to ho......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ......ove section, it appears that the relief as contemplated under this provision of law is one of discretionary nature which depends on the satisfaction of the Court. Now the only question that calls for determination by this Court is as to whether the defendant-petitioners have been able to make out a ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ion can also be cited in the case of Hazari Bala Sana and another Vs. Niron alias
Niranjan Mandal and others reported in 17 BLD (AD) 295 where in
it has been held that:-
"It is a
settled principle that the findings of fact, whether concurrent or not, arrived
at by the lower appellate C......n 15.4.1998 without any notice the deed was registered by the
vender behind his back. The pre-emptor-opposite party knew nothing about the
transfer of the land and no notice was served upon him before or after the
sale. He came to know about the sale from others and obtained the certified
copy......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... suit." 24. This view gets support from the case of Abdus Salam Bepari Vs. Shamsun Nahar reported in 6 BLC (AD) 36. 25. From the above evidence, averment of the plaint vis-a-vis the principles as laid down in those decisions, I do not find any possible reason to agree with the find......ed upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in S.C.C Suit No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose o......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......y of khas possession as consequential relief as such the decisions cited by the learned lawyer of the petitioner is not applicable in the instant suit. Thereafter he submits that by now it is settled principle of law that the finding of the lower appellate Court should not be disturbed by the High C......3.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......lip;…Applicant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the asse......licant Vs. Oriental Real Estate Ltd…………………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Inco..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....extricably intertwined. If this is not so, the Court must separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity and fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to......s there not any legal duty of his own, independent of the parties, to play an active role in the proceedings in finding out the truth and administering justice? It is a well accepted and settled principle that a Court must discharge its statutory function, whether they be discretionary or ob...... the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failure of the accused to produce evidence does not relieve the prosecution of ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......h will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular ca...... Assistant Judge and Family Court Judge, Dhaka in Family Case No.400 of 2005 should not be set aside and or pass such other order or orders may seem fit and proper. 2. The question which falls for determination in this Rule is whether the custody of the child should be restored to his father, the..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......…… Respondent Judgment January 22, 2008. Result: The reference is dispose of. Lawyers Involved: MA Noor - Amicus Curiae. Majedul Islam Patwari, Advocate - for the Applicant. Zakaria Sarker, Assistant Attorney General — For the Respondent. R......der, Appellate Tribunal dismissed the appeal and maintained the order of First Appellate authority. 7. In such circumstances, the following questions of law were referred to this division for determination: (i) Whether the Taxes Appellate Tribunal, Chittagong Bench, Chittagong was l..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......tent grounds and whether the authority would have passed the detention order had it not taken the irrelevant, vague or nonexistent grounds into consideration. 14. It is also now a settled principle of law that vague, unspecified and indefinite allegation in the grounds of detention re......been deprived of his right to submit any effective representation against his detention and explain his position.………………………………..(14 & 16) Cautions should be taken before an order of detention is made The Special Powers Act of 1974 being a special law provi......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
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