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Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....ending the case back on remand to the trial Court, failed to discharge its responsibilities as all the materials were available before it. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......eported in: VII ADC (2010) 541.......shad under order 1 Rule 8 of the Code of Civil Procedure, the decision taken by No. 4 Digholbak Union Parishad for constructing permanent office of the said union parishad at Nandipur village being legal, valid, bonafide and within jurisdiction is binding on the defendants and the decision taken..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....e formalities the prisoners could not be released. As we have noticed earlier that some of the prisoners already are in jail for more than 6 years after serving out the sentences, it should have been proper for the jail authority and also Ministry of Home Affairs to take appropriate steps for their ...... No. 2737 of 2001. Judgement Md. Hamidul Haque J.- This suo-motu Rule was issued on the basis of a letter addressed to Hon’ble Chief Justice by Dr. Faustina Pereira, Advocate of Supreme Court and also Coordinator of Advocacy Ain o Salish Kendra. The Hon’ble Chief Justice directed the Regis......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... of unsound mind; and (d) is or is deemed to be a resident of that electoral area.” 12. So, the two vital issues to be decided in this writ petition are citizenship of the petitioners and the legal implications of their residence at Geneva camp. 13. The laws regulating the citizenship a B..Category: Election Law | Date: | Hits: 94
....ll Tracts (Amendment) Act 2003” and section 26 of the Nari-o-Shishu Nirjatan Daman Ain 2000 and other laws and or pass such other or further order or orders passed as to this Court may seem fit and proper.
The Rule is made returnable within 6 (six) weeks from date.”
৪। জনাব ই......রে: “Let a Rule Nisi issue calling upon the Respondents No.1-4 to show cause as to why they should not be directed to given effect to the “The Chittagong Hill Tracts (Amendment) Act 2003” and section 26 of the Nari-o-Shishu Nirjatan Daman Ain 2000 and other laws and or pass such other or......া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
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Category: Constitutional Law | Date: | Hits: 117
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....y the fabrics of the civilised society. After all, it is the first and foremost duty of the State to bring the offenders to book in order to ensure justice in the society. 18. It may be noted that proper investigation is the precondition for ensuring dispensation of justice. Mainly for that purpo...... Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque,...... degree of discretion in granting reliefs to the litigants but let it be known also if it is not already known that such discretion must not be arbitrary but judicial discretion, based on established legal principles, handed down to us over the centuries. 13. In the instant case, the FIR disclose..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....ed to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". Article 3 provides that "everyone has the right to life, liberty a...... Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syeda Afsar Jahan J Advocate Md. Salahuddin Dolon…………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule is dispose......ly by private persons and extremist political organizations, claiming to act on the basis of religion, but also by persons in authority, including those in public office. 12. In the absence of any legal sanction, attempts to coerce or impose a dress code on women clearly amounts to a form of sexu..Category: Constitutional Law | Date: | Hits: 201
....rder. It is found that the impugned order is not only cryptic and non-speaking in nature but also it is evidently illegal as nowhere it has been spelt out that the proposed amendment is necessary for proper and effective adjudication of the matters in controversy between the contending parties and t...... also Reported in: 53 DLR (2001) 280.......er and the same has also occasioned failure of justice.
10. Mr. Imam Ali, the learned Advocate appearing for the plaintiff-opposite party, submits that the learned Subordinate Judge committed no illegality in allowing amendment to the plaint as it does not change the nature and character of the s..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....lection and are not election concerned matters. Tribunal found that it was not at all established that the exclusion of 555 voters had been done at the wish and influence of petitioner and found that proper authority concerned excluded 555 voters from voter list and the matter was published in local......sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......ection with contention that he is the inhabitant of old Ward No.1 after re-organisation was numbered as new ward Nos. 2 and 3. In the year 1997 opposite party was Chairman of Union Parishad and for illegal gain and undue benefits in collusion with Registration Officer managed to include names of som..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
.... Taka 2,000.00 in default to payment of fine to suffer imprisonment for 2(two) months more, mainly on the grounds, among others, that the impugned Judgment and order of conviction dated 14-9-92 are improper, unjustified and bad in law, that the FIR described the facts and commission of murder by som......7; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State 42 DLR 177; Nannu Gazi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved:......m but the police without making proper enquiry submitted charge-sheet against the appellant and other accused persons, that the learned trial Court framed charge under section 302 of the Penal Code illegally and, as such, the conviction and sentence tie based on the defective charge, that the prosec..Category: Criminal Law | Date: | Hits: 38
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....ssessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule property devolved on the defendant-petitioner and the defendant- opposite party No.2 as his legal he...... Cases Referred To- AIR (1940) Rangoon 53 & AIR (1953) Patna 344; AIR 1928 Calcutta 539; ILR 1923 (Born) 73; Md. Tazammal Hossain Talukder Vs. Purni Agarwalini, 10 DLR 318 & Sayesta Bibi and ors Vs. Juma Sha and ors, 42 DLR (AD) 53. Lawyers Involved: Md. Fazlul Karim with Altaf Ho......ered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the death of Akhtaruzzaman the said schedule property devolved on the defendant-petitioner and the defendant- opposite party No.2 as his legal heirs defendant petitioner being the daughter and defendant-opposite party No.2 being his sist..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal A...... judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition a..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....not ha legal power to do, which is a special privilege rather than a right common to all and is often required as a condition precedent to the right to carry on business or to hold certain classes of property within the jurisdiction and, as such, they do not acquire any vested right so as to be enti...... Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi......ws and the rules. 3. The respondent No.4 filed affidavit-in- opposition denying the allegations in the Rule application and asserted that the curtailment was lawfully done and respondent No. 4 was legally appointed Nikah registrar for the curtailed area. 4. In Writ Petition No. 2037 of 1998 th..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ent year 1992-93 whereas the Reference Application No. 32 of 1998 relates to the assessment years 1993-94. In these two reference applications only the figure in respect of professional income, house property income and family expenses differ but the reasons assigned for arriving at these figures ar......is also Reported in: 53 DLR (2001) 234.......under challenge in these reference applications. 8. Mr. Khandker Fazlul Quadir, the learned Advocate appearing for the assessee-petitioner submits that the Deputy Commissioner of Taxes without any legal basis estimated the net professional income of the assessee at Taka 1,75,000.00 and Taka 1,90,..Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....idence both oral and documentary and other materials brought on record and recorded decision that mutation and sub-division proceeding with respect to pre-emption proceeding holding had not been done properly and legally. Learned trial Judge further held that pre-emptee-petitioner failed to substant......in: 53 DLR (2001) 232.......stagir Hussain, Advocate—For the Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....e case and the legal right of the plaintiff to seek relief for injunction. The learned Additional District Judge was justified to see as to whether the suit in which the injunction was sought for was properly framed and that on such framing of the suit the plaintiff has any legal right to seek tempo......DLR (2001) 229.......g of the managing committee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enqu..Category: Administrative Law | Date: | Hits: 146
.... transferred the suit land along with other lands to the Dhaka City Corporation. Then, in 1989 the City Corporation granted lease of the entire land to the members of their two Samities on receipt of proper salami. Erecting shops and getting connections of various utility services to them, and doing......ourt.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......nst such order of ad- interim mandatory injunction is therefore quite maintainable.
24. The submission of Mr. Khondakar that both appeal and revision are not maintainable at the same time is quite legally but factually incorrect because long before the hearing of the Rule the appeal was withdrawn..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
....lication was filed praying for bail or to discharge him stating inter alia that the accused Labu Mia is a child who has been involved at the instance of the Investigating Officer who did not hold any proper investigation nor visited the place of occurrence. The investigation officer himself submitte......ilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 noon the accused formed themselves into unlawful assembly and assaulted the informant and other witnesses and also took away Taka 1200.00 from the possession ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....t arriving at any finding that the method of accounting employed by the assessee-applicant has not been regularly employed or the method employed was such that the income of the assessee could not be properly deduced therefrom and, as such, he acted illegally and without jurisdiction in rejecting th......rul Islam J AKM Shafiuddin J Titas Gas (T & D) Co. Ltd……….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co......ing employed by the assessee-applicant has not been regularly employed or the method employed was such that the income of the assessee could not be properly deduced therefrom and, as such, he acted illegally and without jurisdiction in rejecting the audited account of the assessee applicant. The lea..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. Lawyers Involved: Rafique Rahman with Tufailur Rahman and Sufia Ahammed, Advocates—For the Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocate......ised by both the plaintiff and the defendant the award was set aside by the court by its order dated 17-11-1991 23. Before we consider the merits of claims of the plaintiff; we must dispose of the legal issue on the maintainability of the suit as raised by Mr. Rafiqur Rahman. We find that in allo..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... ......or there way any initial deception on his part. So, the learned Advocate submits that taking of cognizance and ultimately framing of charge against the accused petitioner under those sections was not legal. In this connection, with reference to the petition of complaint he has invited our attention ..Category: Criminal Law | Date: | Hits: 42
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