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Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ontained in the Code, the Court shall not grant any adjournment at the peremptory hearing stage and thereafter in a suit at the instance of either party to the suit: Provided that if for ends of justice any adjournment is granted to a party under this sub-rule, the Court shall direct that party......grieved by and dissatisfied with the impugned judgment and order of the courts below the petitioner filed this revisional application under section 115(4) of the Code of Civil Procedure and according by the Rule was issued. 6. Mr. Mohammad Noor Hossain, the learned Advocate enter appe......of rule 1 of order XVII is applicable. In the instant case it appears that without prevailing the aforesaid procedure the trial court decreed the suit ex-parte. In such a case no scope to file application under sub-rule 7 of rule 1 of order XVII and the defendants Tightly fi......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
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
...... find that both the appeals were heard and disposed of analogously as per Rule 31 of the East Bengal Tenancy Rules, 1955 i.e. after hearing both the sides and that both the appeals were dismissed and according to law, the said judgment and order (Annexure-D1) has become final and conclusive as per p......
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
The Rule is made absolute.
Case Referred to-
Zahirul Islam Vs. Government of Bangladesh, 65 DLR 168; 44 DLR (AD) 260
Lawyers Involv...... 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)
....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. ...... has had got any interest in the suit land, there is no defect of parties in the suit. He submits that the defendant No.3, was served with summons but did not appear in the suit and the suit was accordingly taken up for exparte hearing, and draws our attention to the order sheet of the court be...... 23 read with Order XLI, rule 31 As the last Court of fact, the High Court Division shall see whether the trial Court was rrect in dismissing the suit, instead of sending the suit on remand to the trial Court on a point which was never urged by any of the parties in the appeal......(14) ...... 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
....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:
......r showing the original deeds and also served similar notice on 08.04.1984. While the writ petitioners submitted his documents and was advised to file an application before the Court of Settlement and accordingly, the petitioners filed case No.125/96 (Ka-4, first Coloney, (Mirpur), Dhaka and the same......andoned 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 and others Vs. Bibi Marium and other, 54 DLR (AD) 100; Bangladesh ...... 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
....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
......Body of UMHSC, which has been impugned in the writ petition. He submits that the appointment was made as per regulation No. 5(3), as stated in the paragraph No. 14 of the affidavit-in-opposition, and accordingly he prayed for discharging the rule, asserting that there is no merit in this Rule.
......hority. Hence, this 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. &nb......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)
....rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......the purpose of counting days under Artha Rin Ain only the working days of the Court i.e. the days on which the Court functions (বিচারকের কার্যদিবস) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section ap......্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)
....equitable estoppel. Equity does not prevail over law. Doctrine of promissory Estoppel is applicable against the government also particularly where it is necessary to prevent fraud and manifest injustice. The doctrine, however, cannot be pressed into aid to compel the government or the...... 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 ......ip;…...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Result: The Rule is disposed of. Case Referred to- AA Engineering Ltd. Vs. Khulna University, 66 DLR (AD) 19. Lawyers Involved: Mahm......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)
.... whereas the writ-petition was filed sometime in August, 1995 and as such, the assessment of compensation in accordance with the present value of the property was illegal causing failure of justice. He further submits that the High Court Division did not consider the submission o...... was allotted to the different persons. 13. When property was requisitioned under section 93A with a view to its permanent acquisition, the owner of such property shall be paid compensation according to section 93B of the Town Improvement Act, which is quoted below: "93B. Payment......ত থাকিবে যেন এই আইন প্রনীত হয় নাই এবং তদাধীনে নিষ্পন্ন হইবে”।........ (17) Case Referred to- Zamir Ali (Md.) Vs. Secretary, Ministry of Land, 52 DLR 125. Lawyers Involved: Ek......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)
....he first item is the National Anthem of Bangladesh. 4. Upon publication of the aforesaid advertisement, the writ-petitioner, as a patriotic citizen of the country, issued a notice demanding justice on 17-8-2006 addressed to the concerned Ministries for withdrawal, cancellation, revoca......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. ......angladeshis regard the national anthem with an almost mystical reverence regardless of what sort of social, political or philosophical beliefs they may have. Commercial use of national anthem amounts to its desecration. There is no scope for commercial use of the national anthem. Such commercial use......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)
....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. ......ttempt on, 1-2-2002 in the forenoon, Sanjay both by cajoling and using force put vrnnilion (sindur) on Malati Rani's head and also exchanged garlands. Sanjay assured Malati Rani that her marriage according to the Hindus rituals was thus complete. (3) Next in the afternoon at about 6 PM that day ................Respondent Judgment May 5, 2015 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; Ja......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
....etion, even though it result in ‘ill- advised, unequal, and oppressive legislation remedies are not required by the 14th Amendment, nor the crudeness nor the impolicy nor even the injustice of state laws redressed by it.”
13. According to the learned counsel, though depr......y nor even the injustice of state laws redressed by it.”
13. According to the learned counsel, though deprivation of life is constitutionally permissible, a sentence of death must be given according to the procedure established by law. Under this principle it is argued that the provision ...... 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280; Trop Vs. Dulles, 356 US; Ong Aha Chuan Vs. Public Prose......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
....esult in ‘ill-advised, unequal, and oppressive legislation Exact wisdom and nice adaptation of remedies are not required by the 14th Amendment, nor the crudeness nor the impolicy nor even the injustice of state laws redressed by it.”
13. According to the learned counsel, though depr......y nor even the injustice of state laws redressed by it.”
13. According to the learned counsel, though deprivation of life is constitutionally permissible, a sentence of death must be given according to the procedure established by law. Under this principle it is argued that the provision ......d heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar nature of offences in the Ain of 2000 shall be applicable.
There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a se......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)
....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 ......g to CS Khatian No. 107 of Mouza Keraniganj at present Tejgaon Industrial Area originally belonged to the respondent No. 5, Bhawal Raj Court of Wards Estate in 16 annas permanent Zamindary rights and accordingly CS Khatian was prepared in the name of Bhawal Raj Court of Wards Estate. The petitioners...... Government of Bangladesh and Others…………….............Respondent Judgment April 30, 2015 Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) ......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)
....een taken effect to. He also submits that the Executing Court empowered in law to correct any error or omission under sections 151 and 153 of the Code and section 57 of the Ain to secure ends of justice. There was no illegality in allowing the application filed under sections 151 and 153 of the......ter which required to be proved by adducing evidence which is not permissible under the writ jurisdiction. It is also stated that the property described in the schedule to the Plaint in suit was according to the Deed of Mortgage and Power of Attorney. Further it is stated that the property sold......ailable against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) Case Referred to- Bhavan Vaja Vs. Solauki Hanuji Khodaji Mansong, AIR (1972) SC 1371; Hemanta Kumar Ghosh Vs....... 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 ......s to show 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 a......hellip;…………………………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra ......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)
....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. ......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. ...... 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 not......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)
....r of exercising the inherent power by the High Court Division, the requirement is to see whether continuance of the proceeding would be abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed……(45) Non implicatin...... 44. The learned Counsel appearing for the petitioners of all the petitions, submit that strong prima-facie arguable case have been established against the accused respondents in all the cases and accordingly the learned Divisional Special Judge, Chittagong took cognizance against them, the High ......roper Circumspection and Great Care in Exercise of it’s Inherent Jurisdiction— In the matter of exercising the inherent power by the High Court Division, the requirement is to see whether continuance of the proceeding would be abuse of the process of the court or that......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)
....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 ......Lawyers Involved: TH Khan, Senior Advocate, (AM Mahbub Uddin, Advocate, appeared with him), instructed by Md. Tauflque Hossain, Advocate-on-Record—For the Petitioner. Mahbubey Alam, Attorney-General, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.1 . Khu......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)
....that a review of an earlier order is not permissible unless the Court is satisfied that material error, manifest on the face of the order, undermines it’s soundness or results in miscarriage of justice. A review of judgment is a serious step and the Courts are reluctant to invoke their power e......ses of charge No.3, One of the Shohagpur witnesses, P.W.13, in her evidence claims to had known the petitioner 3/4 months after the war ended, when he was walking in front of her house, although according to the prosecution he was in jail at that time, Golam Mostofa was targeted as he was ......; The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka…………………&he......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
.... of the Act, as separate proceedings ought to have been initiated;
(6) show-cause notices for demand of duties, taxes, etc. were not served upon the petitioner violating the principle of natural justice and therefore, the impugned orders are unlawful and liable to be struck down.
8. Howeve......shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......
(Special Original Jurisdiction)
Present:
Zinat Ara J
JN Deb Choudhury J
Ananda Shipyard & Slipways Limited.....................Petitioner
Vs.
Commissioner Customs Bond Commissionerate, Dhaka…………….Respondents
Judgment
......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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