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....es of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......ion No. 1491 of 1996.
Judgment
AK Badrul Huq J. - By this application under Article 102 of the Constitution an order contained in Memo No. 485/DAB (Dhaka) dated 8 April, 1996 has been called in question whereupon a Rule Nisi was issued calling upon the respondents to show cause as to why the i..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......m two different cause of action Order 11 rule 7 CPC has no manner of application. The learned Advocate for the respondent also made serious attempts to contend that in the two writ petitions disputed question on facts arises. The contention is misconceived. The two petitions are based on admitted fa..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....made by the Government under section 5(7) of the Act and the land in question was not finally acquired and the petitioner did not get the final payment of compensation. The petitioner claims that the possession of the land was not handed over in favour of the Government. The petitioner, thereafter, ...... of 1999. Judgment Md. Awlad Ali J.- In all these 5 Rules obtained by different petitioners the respondents were called upon to show cause as to why the order of requisition of their respective land comprising CS plot No.194 of Mouja Aliganj, PS Fatullah, District Narayanganj passed by the res......Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......d subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore, dispose of the Rules by this s..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....dul Hoque and 3. Md. Kabir against whom the police submitted final report. 2. The allegations against the accused-appellants and 2 others are that, six bottles of Phensidyl were recovered from the possession of Md. Selim alias Montu and Nawshad Ali who on interrogation told the police that the ac......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......cial Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......at CRF the valuation was fixed at US $ 6030 per metric ton. It is contended by the petitioner that the said CRF is a fake one and that should not have been relied upon by the appellate authority. The question whether the particular CRF is a fake or genuine one cannot be determined by this Court unde..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......awful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......ver and a double barrel gun on obtaining due licences from the Government in 1987. The petitioner got the licences renewed from year to year. He has never misused the privilege of holding the arms in question. But suddenly the petitioner received the impugned memo No.18-10-1994 whereby he was asked ..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......er dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358....... the Administrative Tribunal. But it is evident that no order or decision in respect of the terms of the service of the petitioner has been finally made by the competent authority. The jurisdictional question is involved in this case, an action has been taken in the form of departmental proceeding b..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......r 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporation All England Law Reports Vol. 2 page 680 (III); AIR 1973 (SC) 205 and (IV) Ramana Dayaram Shelly Vs. Interna......e. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......s and conditions of the tender schedule and profile of the Enterprise. It was clearly mentioned in the deed of Agreement entered into between the parties that the ADP loan was a long term loan so the question of treating the said loan as short term loan did not arise at all as the petitioner is boun..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......ing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and others. Case of the pre-emptor, in short, is that the opposite party 2 to 4 sold the case land on 6-11-86 to the opposite party 1 without giving notice to the petitioner who is co-sharer of ......te — For the Petitioners. Rabishanker Chakraborty, Advocate—For the Opposite Parties. Civil Revision No. 2147 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the pre-emptee against the judgment and order dated 22-7-92 passed by the Subordinate Ju......r, pre-emption can not be allowed. 3. The appellate Court has rightly found that the pre-emptor is entitled to pre-empt the case land as a co-sharer, because he is a prior purchaser. Now the only question remains to be settled whether only because the Khatian Number and Plot Number are not there..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....per nazar salami. Nazir Sheikh owned and possessed the suit land by construction of huts in a portion thereof and the remaining portion of the said land by way of cultivation. While being in rightful possession of the suit property, Najir Shaikh sold the entire suit land to one Chunu Sheikh and Tapu......, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a Suit in the 2nd Court of Munsif, Sadar Bogra, being, other Class Suit No.157 of 1977, praying for declaration of his title in the suit land alleging, inter alia, that the suit land comprising an area of 1762-1/2 acres out of 3525 acres......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Gour Gopal Datta and others………………………Opposite Parties Judgment April 28, 1998. Lawyers Involved: Md. Mozaffar Hossain, Advocate — For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates — For the ...... Suit No. 153 of 1977 after setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Ra..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....cre of land each, that in this manner the defendant No.3 became owner of 0.47 acre of land by purchase and 0.11 acre of land by way of inheritance, in total 0.58 acre that the defendant No.3 while in possessions of the aforesaid 0.58 acre, of land, sold the said lands to the plaintiff minor Bashibur......e plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentioned in the Schedule 1 to the plaint, origin......uddjn Khan, Advocates—For the Opposite Parties. Civil Revision No. 2527 of 1991. Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause a......our of the defendant No.3. As such, he became owner of 0.47 acre by purchase and also 0.11 acre by inheritance as one of four sons of Nasir Biswas as referred to in chedule-2 to the plaint. The first question is, whether the defendant No. 3 was owner to the extent of 0.47 acre purchased from Minhaj ..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51....... ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51....... that KM Obaidur Rahman was arrested on 29-9-98 and falsely implicated in the case to harass and humiliate him. He is a Member of Parliament and he lives with his family in Bangladesh and there is no question of his abscondence if the prayer for bail is allowed. The learned Counsel further mentions ..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......e morning of 24-3-84 he got information that the police of Chauddagram recovered a male dead body from Dakatia river at Hossainpur who identified the said dead body to be his father. The deceased has land dispute with Mohan Mia and others and it was suspected that out of enmity they murdered his fat...... he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......e. 22. Usually, as a matter of caution, Court requires some material corroboration to an extra- Judicial confessional statement, a corroboration which connects the accused person with the crime in question and extra-Judicial confession, if true and voluntary, can be relied upon and a conviction c..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......irected to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......ter submission of charge-sheet and taking of cognizance of the offence by the Court against a person on the basis of such charge-sheet that he is being wanted by the police to harass him. There is no question of police harassment after submission of charge-sheet. In that view of the matter anticipat..Category: Criminal Law | Date: | Hits: 33
Harun and others Vs. State, 1998, 27 CLC (HCD)
....direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......ate of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......contended by the learned Assistant Attorney-General that on a close scrutiny of the said passport it is seen that there was no visa for going to any country of the world or to the destination and the question of Transit Visa and staying in United Arab Emirates did not arise and there is also no endo..Category: Criminal Law | Date: | Hits: 65
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......ithin the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......e be any). The condition No. 3 of the registration/approval was neither redundant nor lost its force. Since the petitioners were treated in accordance with the expressed provisions of law there is no question of infringement of Article 31 of the Constitution and application of Article 40 is "subject..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
.... Mia(P.W.4), Kamal Hossain (P.W.6) and Haripada Das (P.W.7), the confessional statement proved by A.K.M. Humayun Kabir (P.W.13) and the circumstantial evidence of recovery of a tape recorder from the possession of P.W.4 which was said to have been sold by the accused respondent after stealing it fro......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66....... The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......be taken as an admission on the part of the respondent in the participation of the murder and a conviction can be given basing upon it. Taylor in his Law of Evidence, Eleventh Edition, dealt with the question and elicited the rules with regard to the general law of admission as under: "the whole s..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....an, the pro forma respondent No.2, as the Managing Trustee of the above trust; then Dr. Ashequr Rahman, with the consent of Jebonnessa, used to possess the said land as a co-sharer and he is still in possession of the same and his name has been recorded in last S.A. Khatian No.1090 and thereby he be...... the petitioners both in Civil Petition Nos.1498 and 1499 of 2007 and respondent No.1 in Civil Petition No. 1333 of 2008, on the averments that in C.S. Dag No.3123 Altabuddin owned 05 decimal of viti land in Khatian No.1590, Kafiluddin owned 05 decimals of land in C.S. Khatian No.1591, Ukiluddin own......re dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......t the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of b..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....d Ashwini Kumar Majumder and that Khitish Chandra son of Bichitra Kumar Majumder along with Surendra Kumar Majumder and Ashwini Kumar Majumder sold the suit land along with other land and handed over possession thereof to defendant No.4, Mozammel Hossain, vide registered sale deeds dated 11.08.1969 ......, Noakhali, decreeing the Title Suit No.188 of 1988 declaring that the ex parte decree obtained by the defendant No.1 of the suit as plaintiff in Title Suit No. 808 of 1977 so far relates to the suit land is collusive, fraudulent and not binding upon the plaintiff-respondent hereof. 2. The respon...... the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12....... sons his one grand son and two surviving sons as its owners and possessors sold the same to the vendor of the plaintiff and ultimately the plaintiff by purchase become its owner and possessor. These questions are all about the facts and all the facts were finally decided by the final Court of fact ..Category: Property Law | Date: | Hits: 71
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....e), 1st Court, Narayanganj, decreeing the Title Suit No.10 of 1997 in part. 2. The leave petitioners as plaintiffs filed the Title Suit No.10 of 1997 for declaration of their title through adverse possession and that the tender notice described in the 'Kha’ schedule of the plaint in respect of ......ffs filed the Title Suit No.10 of 1997 for declaration of their title through adverse possession and that the tender notice described in the 'Kha’ schedule of the plaint in respect of 'Ka' schedule land of the plaint if is illegal, collusive and not binding upon the plaintiffs. 3. Facts relevan......he leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ......o acquire title by unauthorized possession against Government it requires 60 years which start from 1993 not before that. We find learned Judge perfectly and rightly dismissed the suit. 10. On the question whether the learned Judge could direct the Government to sell the property to the plaintiff..Category: Property Law | Date: | Hits: 58
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