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Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....y of Law, Justice and Parliamentary Affairs as well as to the Secretary, Ministry of Establishment Government of Bangladesh with an expectation that they would ask their subordinate officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of...... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......ant Secretary, Ministry of Home Affairs on 25-4-2001 but it was served upon the detenu on 8-5-2001. 5. It is submitted by the learned Counsel that the detenu is innocent. The order is mala fide, illegal, unlawful and baseless. The order of detention was made for political reason just to harass an..Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....sed Shamsu Sikder has not been stated to him by the witness while examined under section 161 of the Code of Criminal Procedure. The learned Advocate also submits that the condemned prisoners were not properly examined under section 342 of the Code of Criminal Procedure and that the learned Additiona...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe......orded under section 164 of the Code of Criminal Procedure by the Magistrate. The Magistrate was not produced by the prosecution for crossÂ-examination by the defence. The statement was not proved by legal evidence and it appears from the confessional statement made by Md. Motiar Rahman that he held..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the schedule....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ......e certificate case was a nullity against the dead person and handed over possession of the properties to the substituted plaintiffs Chittaranjan Das, Monoranjan Das and Kesab Ranjan Das, who were the legal heirs of Late Indramati Dasya. Thereafter Chittaranjan Das and Kesab Das transferred entire â€..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....nance at the rate of Taka 2000 per month for her daughter from the defendant, but he refused. So the plaintiff has a fresh cause of action to come to court and this time since the Family Court is the proper forum having exclusive jurisdiction to entertain this claim of the plaintiff, the present sui......r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe......inding of fact made by the final court, of fact in exercise of any revisional jurisdiction. 11. However, from the above discussion it is evident that the impugned judgment does not suffer from any legal infirmity and, as such, cannot be interfered by this revisional court. 12. In the result, t..Category: Family Law | Date: | Hits: 186
....
10. Pointing out the aforesaid objects clause of the assessee society it has been contended by Mr Mustafa Adil that although no trust has been created under the Trust Act but the income derived from property of the society is held under rather legal obligations wholly for charitable purposes as men......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an......ich are said to arise from the order of the Taxes Appellate Tribunal: i) Whether in the facts and circumstances of the case the Tribunal rightly interpreted section 4(3)(I) of the Income Tax,1922 and legally upheld the assessment in question.
(ii) Whether in the facts and circumstances of the..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......vision (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. Cases Referred to- Russe......indicative value’ but this term indicative value is not found anywhere within the four corners of the Customs Act, 1969 and, as such, it is submitted for the petitioner that the impugned order is illegal and it has infringed the fundamental right of the petitioner. 7. Mr. Ramjan Ali Sikder, the..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ana J.- This Writ petition has been filed seeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291.......ich was ultimately made absolute on 14-3-1999. In the judgment of that writ petition it was clearly held by their Lordships that the enlistment of the property in question as abandoned property was illegal. Their Lordships, however, further observed that the title of the writ petitioner in the prope..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......eme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Ca......m is, that where an award is void and without jurisdiction, Court can take judicial notice of the matters even when the written objection was filed out of time and that the Court below committed an illegality by fixing the suit for ex parte disposal just upon rejecting the written objection of the p..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- A...... Thana Parishad co ordination committee meeting and in fact the member from the reserved seats was consulted. Lastly, there is no violation of law as Annexures A and C, are only circulars creating no legal right. Therefore in the absence of infringement of any legal right the petitioner cannot come ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....mpanies Act. Section 38(3) of the Companies Act, 1994 provides that it would not be permissible in law for a company to register any transfer of share in the register of members in the absence of any proper instrument of transfer duly stamped and executed by the transferor and the transferee. Sub-se...... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi......transfer of the said shares of the petitioner in favour of respondent Nos. 2-7 and the entries thereof made in the register of members of the Company on the basis of such instrument of transfer are illegal and are liable to be rectified by restoring the name of the petitioner therein as a shareholde..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......r Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite Pa......s that in view of the fact the learned Family Court exercised his, judicial discretion in the light of the attending facts and circumstances of the case, the impugned order does not suffer from any illegality or legal infirmity occasioning failure of justice justifying interference by this Court exe..Category: Family Law | Date: | Hits: 155
....n 26(6) of the aforesaid Act.
13. In dealing with the supply of electricity to the consumers the respondent Power Development Board has a responsibility to ensure that the supply is being made properly and has also the responsibility to check that the meter supplied by it is functioning prope......m J
Afzal Hossain Ahmed J
Modern Cold Storage Ltd ..................................................................... Petitioner
Vs.
Secretary, Ministry of Energy & Mineral Resource and others…....................…Respondents
Judgment
May 24, 2006.
Cases Referred To-
......e-D) issued by the respondent No. 3 directing to disconnect the electric supply to the petitioner, Modern Cold Storage Limited situated at Feni Town, Feni should not be declared to have been passed illegally and without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule ..
Category: Others | Date: | Hits: 131
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....Ali Bhuiyan and PW 20 Altaf Hossain were not present on the scene. The alleged story of conspiracy of killing the deceased is concocted and after-thought. In the sequel of dispute over paternal joint property the deceased was shot to death at the behest of his brothers. 8. Accused Almas absconded...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas...... 22 of 2003 arising out of Rupganj Police Station Case No. 20(8)2000 by the judgment and order dated 18-1-2004. Those conÂvicts were also sentenced to pay a fine of Taka 10,000 each. Challenging the legality and propriety of that judgment and order of conviction and sentence, condemned prisoner Abu..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....f Saidur Rahman alias Chan Miah and others vs. State, reported in 40 DLR (AD) 281, it has been held that: "Since, however, the appellants were not covered by a legal order of interim bail, the proper order the learned judge ought to have passed and which is always usually passed in such cases...... (2007) 646. ......e, appeared before this Court upon concealing the fact that their bail was cancelled and that there was an carder of warrant of arrest issued against them and made the aforesaid false statement and illegal prayer for bail. It is very unfortunate that the learned Advocate for the petitioners moved th..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment and others, 2006, 35 CLC (HCD)
....Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be excluded from the list of Abandoned Property published in the o...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of SettleÂment and others……………Respondents Judgment June 27, 2006. Lawyers involved:...... in Case No. 20 of 1990 (Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be excluded from the list of Abandoned Pr..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....umgonj, Noakhali rejecting the prayer for temporary injunction in Title Suit No. 94 of 2001 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2.The opposite party No. 1 as the plaintiff through his attorney Abul Kashem filed Title ...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......Code of Civil Procedure. In the impugned order, it appears that the learned Joint District Judge reviewed his earlier order on the ground that the relevant rules of the Land Management Manual was not legally applied while deciding the appeal against rejection of the order of temporary injunction. It..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....y the learned Assistant Judge-in-Charge, Naogaon in Miscellaneous Case No. 11 of 1995 should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 15-3-1995 the pre-emptor (herein oppo...... (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Bellal Hossain (Md) & others………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The...... lastly, submits that the learned Judge of the trial Court rightly disallowed the pre-emption but the Court of appeal below without reversing the finding of facts arrived at by the trial Court most illegally allowed the pre-emption thereby com- mitted an error of law resulting in an error in the dec..Category: Property Law | Date: | Hits: 23
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......ion of the house standing on the suit land and that one of the executants of the agreement, namely Mohan Bashi Roy, died in India in 1990 leaving behind 4 sons, that is, defendant Nos. 1 to 4, as his legal heirs. It is further stated that the plaintiffs requested them to execute the deed of sale but..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....omplying with the terms of the said compromise decree the decree-holder Bank initiated Decree Execution Case No. 19 of 1998 on 23-3-98 for realisation of the decretal amount upon selling the mortgage property mentioned in the schedule of the decree. During continuation of the execution case, at one ......59 DLR (2007) 615.......on proceeding being neither "মামলা" nor "বিচারাধীন" the order of transfer of the same by the Adalat under section 60(3) of the Ain is without lawful authority and is of no legal effect. In order to substantiate his argument, the learned Advocate further contends that the ..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. Bangladesh Water Development Board (Employees) Service Rules, 1982Rule 138(c)(d) & 14......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ......© dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro..Category: Employment/Service Law | Date: | Hits: 76
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