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Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......ammad Ali, learned Counsel, for the petitioners submits that the plaintiffs having felt aggrieved by the judgment and decree of the trial Court dismissing the suit, preferred the first appeal in question, so the High Court Division as the last Court of fact was obliged to see whether the trial ...... 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..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......peaceful possession of the said property died on 25.03.1971 leaving behind his only nephew Md. Ehsanul Hoque as his heir and since then Md. Ehsanul Hoque was in peaceful possession of the property in question without any hindrance from any quarter. Thereafter, the petitioner’s vendor Md. Ehsan......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..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....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
......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
......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..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... 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 ......nue/Auditor General, Bangladesh/ Secretary, represented by the Ministry of Law, Justice and Parliamentary Affair filed the writ petition and obtained Rule Nisi and order of stay. It is submitted that question of arithmetic calculation and the demand is absolutely a question of fact which cannot......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 ..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)
....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 ......haka Improvement Trust (at present RAJ UK) under the provisions of section 93A of the Town Improvement Act, 1953 and those lands were finally acquired by a gazette notification. The land in question was requisitioned in LA Case No.41 of 1961-62 for the purpose of acquisition under section ......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..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....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. ......o. 8493 of 2010 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. ......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..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......e handedly carry a fully grown girl, gagging her mouth, crossing a number of houses. So the story itself does not sound convincing: The learned tribunal regarding its bona fide ought to have raised a question and resolved it. It requires a mention that no charge of adduction was levelled agains......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..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......nality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-S......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..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......nality of section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, (Ain XVIII of 1995) and section 34 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (Ain VIII of 2000) has been called in question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-S......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..
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)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......erused the petition and the annexures thereto, the impugned notices and the relevant provisions of law and considered the submissions of the learned Advocates for the respective parties. 12. The question which requires to be determined is whether the respondent No. 4, Charge Officer, Dhaka Sett......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..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......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..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)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ...... it is also not the case of the Petitioners that the Bank sold the property not mortgaged with the Bank as security by bringing an amendment in the schedule to the application. 16. The only question is whether the law is so helpless as to be unable to give effect to the decree passed by th......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..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ed the appeal. This case relates to the detention of the detenu. The facts and circumstances of the case referred to above and the facts and circumstances of the case in hand are not similar and identical. Therefore, the principle expounded in the case referred to above does not apply in the fa......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 ......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: &..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....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
......context of the UK Companies Act, 1948 thus:
"It is conceded that the word "impracticable" is not synonymous with the word "impossible"; and it appears that the question necessarily raised by the introduction of that word "impracticable" is merel...... 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..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....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. ......Vs. M Safiul-Alam....................................Defendant-Opposite-Party Judgment April 13, 2015. Result: The Rule is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of pl......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..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)
...., 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 Miscellaneous Cases u......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 ......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..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....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 ......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 ......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: ..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: ......Chief Prosecutor, International Crimes Tribunals (ICT), 66 DLR (AD) 289). By reminding us of the limitations that circumscribe a review petitioner’s maneuverability, he proceeded to submit that questions revolving round the depositions of P.W.s. 11, 12 and 13 have been dealt with quite exhaust......, 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: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
....ith 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 parties to t......t revenue and the Rules are thus, liable to be discharged with costs.
10. In view of the submissions of the learned Advocate for the petitioner and the learned Deputy Attorney Generals, the sole question to be decided in the Rules is the legality of the impugned orders vide Nothi No. ৫(১৩......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..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......of years from 21 April 1941. The suit is, therefore, not barred by limitation or in the alternative, the transaction is not past and closed one…….. (33) it does not appear that the question as to the right of redemption of a mortgage by way of filing a suit in civil Court within a......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..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
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