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Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
.... that the defendant did not enter in the suit the submission of the learned Advocate for the respondent No. 3 in the appeal that the defendant no.3 opted not to contest the suit is not tenable in the facts on record, which is against the scheme of the Code of Civil Procedure. The defendant being ser......R (AD) (2015) 266. ......defendant, who did not appear in the suit inspite of service of summons upon him and did not file any written statement, cannot contest an appeal filed against the decree passed in a suit on the evidence on record. Even a third party can file an appeal in case he is affected by a decree passed ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....abandoned building as published in the Bangladesh Gazette Extra Ordinary on 23.09.1986 and pass such other or further order or orders as to this Court may seem fit and proper.”
2. Relevant facts necessary for disposal of this Rule, in brief, is that, the predecessor-in-interest of the ven......
High Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
J.N. Deb Choudhury J
Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others. ......Petitioners
Vs.
Government of the People’s Republic of Bangladesh ......ue as the heir of Syed Abdus Sattar, the succession certificate dated 14.04.1979 and affidavit dated 19.05.1979 were obtained. Moreover, the writ petitioners failed to produce any documentary or oral evidences before the Court of Settlement to prove the fact that the original owner Syed Abdus Sattar..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....ttara High School and College, Dhaka, as contained in Serial No. 1 of the Memo bearing No.265/Ka/Onu:/9/1309 dated 13-10-2014, issued under the signature of respondent No. 3; that the background facts are that, the office of the District Commissioner, Dhaka, had declared a schedule for the elec......
Md. Rezaul Hasan J
Farid Ahmed J
Anwarul Islam (Md.)……….......................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and
others...................Respondents
Judgment
May 26, 2015.
Result:
The......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....er or service receiver, cited the decision of the Appellate Division in AA Engineering Ltd. Vs. Khulna University reported in 66 DLR (AD) 19. ACC wants to distinguish this decision by saying that the facts of the reported case are different from the facts of the instant case. The petitioner submits ......diction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is dis...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ..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)
....essment of compensation in accordance with the provision of sub-section (5) of section 93A of the Town Improvement Act, 1953 arising out of LA Case No. 41 of 1961-62, if not already made. 2. The facts, leading to the filing of this appeal, are precised below: 3. By gazette notification pub...... 263 ......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)
....hy;ing 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 facts, leading to the filing of these civil petitions for leave to appeal, in brief, are: The w...... Orascom Telecom Bangladesh Limited..........Petitioner (In CP No. 327/11) Chief Executive Officer, Grameen Phone Limited............Petitioner (In CP No. 342/11) Vs. Kalipada Mridha and others................Respondents (In both the petitioner) Judgment May 11, 2015. ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....s daughter was staying at Sanjay's residence. Apart from this, no charge of abduction calling for a penalty under section 7 of Act VIII of 2000 was at all mounted against the appellant. All these facts and realities collectively emanate that Malati, a grown up woman leaving her shelter in the ho......nbsp; Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ......) created this case. Neither Sanjay committed rape upon Malati, nor he abducted her, nor Malati Rani was ever pregnant by Sanjay Kumar Biswas. 6. The learned Tribunal Court chiefly relied on the evidences of alleged victim girl Malati Rani, her father Anukul Sharma and P.W. 5 Most Jobaida Khatu..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....ry, the hands of the court become a simple rubberstamp of the legislature and that this certainly discriminates and prejudices the court’s ability to adjudicate properly taking into account all facts and circumstances of the case. The High Court Division granted a certificate under Article 103......eme Court
Appellate Division
(Criminal)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others …………………&......ce the provocation is both grave and sudden. But if, on seeing his wife in the act of adultery, he leaves the house, goes to a shop, procures a weapon and returns to kill her paramour, there would be evidence of what is called mens rea, the intention to kill. And since, he was not acting on the spur..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ry, the hands of the Court become a simple rubberstamp of the legislature and that this certainly discriminates and prejudices the Court’s ability to adjudicate properly taking into account all facts and circumstances of the case. The High Court Division granted a certificate under Article 103......llate Division
(Civil Appellate Jurisdiction)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others ......................................Appellant (In Civil......e provocation is both grave and sudden.
But if, on seeing his wife in the act of adultery, he leaves the house, goes to a shop, procures a weapon and returns to kill her paramour, there would be evidence of what is called MENS REA, the intention to kill. And since, he was not acting on the spur..
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)
....ll publish the final record-of-rights within 30(thirty) days from the date of receipt of the general or special order of the Government. Rule 34 provides procedure for issuing certificate stating the facts of such final publication. The Government is empowered by sub-rule (2) of Rule 34 to declare n......orted in: 68 DLR (HCD) (2016) 37 ......of of such publication. Rule 35 speaks about presumption as to the correctness of the record-of-rights. When a record-of-rights is finally published under rule 33, the publication shall be conclusive evidence that the record has been duly revised under section 144 of the SAT Act. Every ent..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....Criminal Appeal No. 2528 of 1997 setting aside the judgment and order dated 15-10-1997 passed by the Additional Sessions Judge, First Court, Sylhet, in Sessions Case No. 43 of 1993. 2. The short facts, for the disposal of this appeal, are that there was a long standing internal feud between the......esent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J State.....................................Appellant Vs. Abdus Salam and others……………Respondents Judgment April 29, 2015. ......against an order of acquittal is circumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower Court to the consideration of the evidence in the case is vitiated by some manifest illegality or the conclusion recorded by the court..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....as in the Artha Rin Adalat proceedings. This Court do not disagree with the submission of the learned Counsel for the Petitioners on the point that the Executing Court cannot go beyond the decree but facts remain that the Petitioners did not deny or dispute the identity of the property and it is als......DLR (HCD) (2015) 287. ...... declared without lawful authority and is of no legal effect. It is further stated that the rejection of the application under Order XXI, rule 90 of the Code without allowing the Petitioner to adduce evidence and rejection of the application under Order XXI, rule 83 of the Code are also illegal and ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....fore 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. 2. The facts leading to the issuance of the Rule, in brief, are: &......his Case is also Reported in: 15 BLC (HCD) (2010) 343 ......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 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
.... It is in this context that the Petitioner submits that the Company is presently in the process of issuing Letters of Allotment upon a lottery conducted on 19-2-2015.
7. Predicated on these facts, the Petitioner's learned Advocate, Mr. Sameer Sattar, now imposes upon this Court the nec......Court Division
(Statutory Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Moinuddin Hasan Rashid.................Petitioner
Vs.
Registrar, Joint Stock Companies and Firms and another.........Respondents
Judgment
April 15, 2015.
Result:
The a......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....rt, Dhaka in Title Suit No. 488 of 2010 rejecting the plaint should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts briefly are that the petitioners as plaintiffs brought the aforesaid Title Suit No. 488 of 201......se is also Reported in: 67 DLR (HCD) (2015) 317. ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..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)
....Petitions for Leave to Appeal 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 disp...... Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Anti-Corruption Commission…………….Petitioner Vs. A A M Habibur Rahman and anothers..........Respondents Judgment April 12, 2015. Result: All the petit......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....f 2011 correspondence to Gulshan Police Station Case No. 45 dated 16-8-2011 taking cognizance against the accused-petitioner under section 13 of the Money; Laundering Protirodh Ain, 2002. 3. The facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: ......ent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result:......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ......of Abdul Quader Molla Vs. The Chief Prosecutor, it was held that because of the protective provisions power of the Appellate Division may be invoked only when there does not exist any other provision and that this Division can invoke its inherent powers, not curtailed by Article 47A (2), under rule ......octrine of stare decisis does not bind this Division under Article 111 of the Constitution, a review petitioner can not invoke that doctrine. There are authorities for the proposition that fresh evidence, which has bearing on the event under consideration, but despite best efforts, could not be..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....man, DAG with S Rashed Jahangir, DAG Titus Hillol Rema, AAG Salma Rahman, AAG—For Respondent No.1.
Writ Petition Nos. 9714 and 10088 of 2014.
Judgment
Zinat Ara J.— Similar facts and identical issues are involved in writ petitions No. 9714 of 2014 and 10088 of 2014. The pa......is also Reported in: 68 DLR (HCD) (2016) 98
......or payment of the duties, taxes, etc. chargeable on the goods is without lawful authority. There is also no dispute about the valuation of the goods or the duties, taxes, etc. imposed thereon as evidenced from the replies of the petitioner vide Annexure-D to the respective writ petitions. Thus,..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....ntention may be ascertained from the contents of the deed with such extrinsic evidence as may by law be permitted to be adduced to show in what manner the language of the deed was related to existing facts. Oral evidence of intention is not admissible in interpreting the covenants of the deed but ev...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Asek Elahi.......................................Appellant Vs. Jalal Ahmedand others.......................Respondents Judgment March......iscloses. The distinction is purely one of intention whether it was intended that the relation of debtor and creditor should subsist (Abdul Latif Vs. Abdul Gani, 1939 AC 730) and the question of what evidence is relevant to prove that intention. Before the Evidence Act came into force, oral evidence..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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