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Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....fore the learned District Judge, Moulvibazar. Who after hearing the parties and considering the relevant law rejecting the revisional application on the ground that the petitioner did not fulfill the provision of rule 7 of Order 17 of the Code of Civil Procedure by its judgment and order d......onal application No.34 of 2005 under section 115(2) of the Code of Civil Procedure before the learned District Judge, Moulvibazar. Who after hearing the parties and considering the relevant law rejecting the revisional application on the ground that the petitioner did not fulfill the provi..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....dent No. 9 since their predecessor-in-interest and the Judgment of the Appeal Nos. 2656 and 2655 of 1998 remained in force on the Appellant of those Appeals did not proceed to the higher forum as per provision of section 147 of the State Acquisition and Tenancy Act rather recently the responden...... instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
...., rule 6(1) (a) and 11 Whether a Defendant absent in the Suit in spite of Summons upon him and did not file any written statement, can contest an Appeal— In the Code there is no provision that a defendant, who did not appear in the suit inspite of service of summons upon him an...... 10. Interestingly, though the High Court Division found that summons of the suit was not served upon defendant No. 3, but defendant No. 3 who was respondent No. 3 in the appeal appeared through his lawyer, Mr Md Asadullah and did not make any complaint or grievance about non-service of summon..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....015
Result:
The Rule is discharged.
Bangladesh Abandoned property (Control, managemnt and Disposal) Order, 1972 (PO No.16 of 1972); Article 2(1)
Abandoned Buildings (supplementary provision) Ordinance, 1985, Section 5(1)(b)
Cases Referred to-
Government of Bangladesh an...... the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petition should not be declared without lawful authority and of no legal effect and why the disputed Plot No. 13/A/A/1st Colony Mirpur, Dhak..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....udgment
May 26, 2015.
Result:
The Rule is made absolute.
Violation of the Regulation and disobey the Source and Limitation of Authority—
Without following the provisions of the concerned regulation, the then Board Chairman has appointed Mr. Golam Sarwar as Pr......his is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Rule of law, so nakedly. ..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....t-in-opposition Mr.Shahjada Al-Amin Kabir the learned counsel appearing for the respondent No. 2 bank opposes the rule. 6. Mr. Shahjada Al-Amin Kabir the learned counsel mainly contends that the provision of section 48 of the Ain is limited only to count the time for disposal of the cases ......্যদিবস) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands. ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....rne by the consumer or receiver of the service unless the contract otherwise provides." In the instant case there is no contract providing otherwise. Taking into consideration the provision of section 3(3) of the VAT (which provides that VAT will be paid by the service rende......l asking the petitioner to deposit Taka 33,079.25 as VAT, all issued under the signature of respondent Nos. 2, and 3 Annexures-A, A1, A2, A3, A4, A5 and A6 shall not be declared void and without lawful authority and is of no legal effect and why the respondents shall not be directed to 1 cancel..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....udgment May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The Town Improvement Act, 1953 was amended by Ac......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....The national anthem of the Republic is the first ten lines of "Amar Sonar Bangla." 12. Sub-article (4) of Article 4 provides as under: "4(4) Subject to the foregoing clauses, provisions relating to the national anthem, flag and emblem shall be made by law." 13. In ......010 making the Rule absolute with directions. 2. Both the petitions for leave to appeal arising out of the same judgment and order between the same parties and involving similar question of law and fact having been heard together are being disposed of by this single judgment. 3. The f..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....rding to the charge mounted and the verdict of the learned tribunal, the act so done by appellant Sanjay was out and out rape calling for a penalty under section 9(1) of the Act, while, patently, the provision of the offence has been derived from section 375 of Ac Penal Code of 1860. 17. Accord......lable and the guilt of the accused should be concluded upon assessment of verbal evidence of the prosecutrix alone as well as of the attending circumstances. 7. Now Mr. Sasti Sarker learned lawyer for the appellant submits that in a word there was no legal evidence what so ever that could ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....ires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitution, inasmuch as, when the legislat......ion 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitutio..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....3 are declared ultra vires the Constitution.
Despite repeal of the Ain of 1995, the pending cases and pending appeals in respect of those offences shall be tried and heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences......ion 6(2) of the Ain, 1995 ultra vires the Constitution, refrained from declaring section 34 of the Ain of 2000 unconstitutional and also did not declare the sentence of the condemned prisoner to be unlawful. It was observed that the provision of mandatory death penalty is ultra-vires the Constitutio..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....id, learned Advocate respectively who also filed two separate affidavits-in-opposition. 8. Mr. Md. Khairul Alam, learned Advocate appearing on behalf of the petitioners upon placing the relevant provisions of the rules incorporated under Chapter VII of the Rules, 1955 submits that the Appellate......rge) for re-hearing of Appeal Case Nos. 62948 to 62951 all of 2002 (as contained in Annexure-I, I-1, I-2, and I-3) in respect of DP Khatian No. 1645 should not be declared to have been issued without lawful authority and of no legal effect. 2. The Rule was directed to be heard along with Writ P..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....ificate registered and delivery of possession of the property. At this stage the present application is not at all maintainable. It is also stated that to get the auction sale set-aside there is provisions in the Code which the Petitioners availed of by filing application under Order XXI, rule ...... as to why the Notice for auction published in the daily "Inquilab" and "Bhorer Kagoj" both dated 24-1-2013 (Annexures T and 'F-l') shall not be declared to be without any lawful authority and is of no legal effect and as to why Order No. 17 dated 24-2-2013 (Annexure-'..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......sp;cause as to why they should not be directed to find out and bring up Salauddin Ahmed, the husband of the petitioner, before this Court on 15-3-2015 at 10-30 AM to deal with the matter according to law and/or such other or further order or orders passed as to this Court may seem fit and proper.&nb..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....he plaintiffs are not a defaulter in payment of rent and they have been paying rent regularly by filing House Rent Control Case No. 37 of 2010 and their tenancy is still in force and, as such, as per provision of section 18 of the Premises Rent Control Ordinance there is no scope to evict such tenan......bsp; Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in the plaint although if any certain fact is brought to the..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....d for quashing the proceeding of the charge-sheeted accused when the prima-facie case had been established against him .......... (47) Investigation within Stipulated Period— The provision of completion of the investigation within stipulated period is not mandatory in ......al Nos. 663, 693-98, 614, 621, 633-34, 665, 667-70 of 2014 and 11-13 of 2015 have been heard together and they are being disposed of by this common judgment and order since facts of all the cases and law related thereto are identical. The High Court Division heard and disposed of all the Criminal Mi..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....nreported cases of this Division, the High Court Division found that there was no scope to hold that sanction of the Government was mandatory to make inquiry of the offence of the present case as per provision of section 188 of the Code of Criminal Procedure. On consideration of the relevant pr......on No. 357 of 2013 before the High Court Division. Earlier, the matter was heard by a Division Bench of the High Court Division. But because of conflicting views of the learned Judges on the point of law with regard to issuance of the Rule, the matter was placed before the learned Chief Justice of B..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....undamental error of law, which remains apparent on the face of the judgment. One of the most striking examples would be where this Division acted per incuriam or overlooked one or more statutory provisions. As the doctrine of stare decisis does not bind this Division under Article 111 of the Co......ion, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparent on the face of the judgment. One of the most striking examples woul..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....ted the petitioner to show cause as to why penal action should not be taken against it under section 13(3) read with clauses 1,12 and 90 of the table to section 156(1) of the Act for violation of the provisions of sections 13(1), 86 and 98 of the Act that respondent No.1 has no authority under the A......r the circumstances, respondent No.1, by following the provision as laid down in section 111 of the Act, passed the impugned office orders and, as such, the impugned demand-cum-show cause notices are lawful and the Rules are liable to be discharged.
7. Mr. Md. Shohidul Islam, the learned Advoca..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
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