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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......tioner by the impugned Annexure-A. Hence, the Rule is liable to be discharged. 9. Although the first contention raised by the learned Counsels for the petitioner is not directly connected with the questions involved in the Rule but an answer to that is necessary for adequate and effective disposa......on referred to and relied on the decision in the case of Mr. Khandker Delwar Hossain, reported in 19 BLD (AD) 276. Mr. Nabi also submits that the contention of coram non judice, in the context of the facts of the present case, is totally misdirected and misconceived and, as such, the Election Commis..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......the Constitution has been threatened by the impugned action.
The respondent No.1, Housing and Building Research Institute in its Affidavit-in-opposition contended amongst others, that the lands in question is not a khas land of the Government but a project land acquired for Housing and Building R......e without lawful authority and of no legal effect.
2. Respondent No.1 contested the Rule and has filed Affidavit in opposition. The petitioner subsequently filed supplementary affidavit.
3. The facts relevant for the purpose of disposal of the Rule are that the petitioner has been residing in ..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......ff. The specific case of defendant No.1 was that the deed of agreement a forged and manufactured. The plaintiff was a contractor under the defendant No.1 and he was entrusted to complete the house in question and in the absence of the defendant No.1 the plaintiff got opportunity to enter into the su...... and decree dated 18th July, 1996 and decree signed on 23rd July, 1996 passed by the Subordinate Judge, First Court, Bagerhat in Title Suit No.52 of 1993 should not be set aside, etc. 2. The short facts relevant for the purpose of disposal of this Rule, is that the defendant- appellant-petitioner..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... 173. So, the purpose of section 205c is that the after receiving charge-sheet of an offence which is exclusively triable by a Court of Session shall send the record of the case to that Court and the question of acceptance or rejection of the charge-sheet naturally will be decided by the Court which......n respect of the same occurrence and several investigations were held and different Investigating Officers gave different opinions regarding the occurrence and the persons involved. Considering these facts, both the Courts held the view that further investigation was necessary. 6. The present pet..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... under section 19(f) of the Arms Act for keeping illegally in his possession one kiris and two knives. The learned Advocate for the petitioner at the very outset has made very lengthy argument on the question whether a knife and a kiris can be considered as arms under section 4 of the Arms Act, 1878......omestic purpose, falls within the category of arms. Further, it was held that the question particular instrument would fall within the category of ‘arms’ should be decided on consideration of the facts and circumstances of the case. 7. We have also noticed that in the cases referred to above,..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......AKM Shahidul Huq, Tania Siddiqua and Chamon Akhter, Advocates — For the Opposite Party. Civil Revision No.1118 of 2000. Judgment AK Badrul Huq J.- A judgment of reversal has been called in question by petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying a petition......n Petition is whether the principle of promissory Estoppel is attracted in awarding a decree in favour of petitioner. 3. For the purpose of answering the said question posed portrayal of essential facts may conveniently be noticed and stated. 4. Petitioner of Civil Revision Petition as plainti..Category: Property Law | Date: | Hits: 83
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......ly communicated to the petitioner Memo dated 23-12-1997.
6. We have heard the learned Advocates on both sides, the petition and the papers therewith and also the affidavit-in-opposition.
7. The facts of this case stand as one of the naked examples of high-handedness on the part of the concerne..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......he letter dated 5- 9-83 of defendant No.2. Thus the apparent dispute between the parties seems to rest on the mode of payment. Subject to the disposal of the suit on merits at the trial where all the questions will be gone into threadbare, it appears that the plaintiff has put in Taka 2,02,690. The ......g for respondents No.2, has also drawn our attention to two other decisions of this Court. The case of Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42 does not help Mr. Mohammadullah in the facts of the instant case. In this case, the scope of injunction has been examined from different pe..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ...... AM Abdus Sattar Advocate—For the Respondent. Reference Application Nos. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed...... press that. 7. In the other set of reference applications i.e. in Reference Application Nos.222-223 of 1991 the following common questions have been framed for our decision: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is legally justified in trea..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
.......1 should not be declared to have been passed without any lawful authority and of any legal effect and why they should not be directed to cancel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was ......ent Government to buy the same, and in the subsequent decision acceptance of the tender of a tenderer who failed to comply with one of the conditions of the tender notice was found to be illegal. The facts and circumstances of the said cases are clearly distinguishable from the facts and circumstanc..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......ants. 5. It appears that charge was framed on 27-11-94 and only two witnesses were examined and several dates passed but prosecution could not produce the remaining witnesses. In such circumstance question is, whether the appellant petitioners are entitled to bail under the provisions of sub-sect......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ......ffect. 2. Referring to the provisions of section 138 of the Customs Act, 1969 and also the documents annexed with the Writ Petition, learned Advocate for the petitioner submitted that the cargo in question being frustrated cargo and the Commissioner of Customs having earlier permitted the petitio......ainst the impugned order. We therefore, find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 206. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... impleaded but he submits that in case of plaintiffs’ failure to implead any co-sharer, the suit may be dismissed on the ground of maintainability. 10. Since this is a suit for partition, in the facts and circumstances of the case, I am of opinion that it was proper on the part of the learned C..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199....... his contention that bail cannot be cancelled or withheld as a measure of punishment learned Advocate relied on the decision reported in PLD 1972 (SC) 81. 12. Since we have found that there was no question of cancellation of bail and the petitioners were charged under sections 302/149 being armed......rence. Since petitioners were not granted bail by the learned Sessions Judge on merit and allowed bail on the assurance of their senior lawyers that they would not misuse the privilege of bail in the facts and circumstances of the case as noticed above it is not correct to say that they did not misu..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....g in account opening form of current deposit account No. 2400 in the name of Salimuddin. Accused Abdur Rob verified and authenticated that signatures knowing full well that these signature were never identical. Accused Abdur Rob also caused lodgment and retirement of the two OBCS in question and fac......h, Pabna under the authentication and release of accused Shamsul Bari. It was alleged that in violation of the definite office instructions of the bank, the documents for collection of the cheques in question were given directly to the account-holder by hand instead of sending the same by post. The ......amrul Huda and the relevant IBCAS remained in his custody but subsequently these were surreptitiously caused to be removed for the purpose of destroying evidence of forgeries and fabrications. In the facts and circumstances of the case, the complicity of the accused appellants must be found to have ..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......plication, an affidavit was filed on behalf of respondent No. 1 14. Mr. Md. Nazibur Rahman, learned Senior Advocate for the respondent No. 1, submitted that after dismissal of the suit even on the question of title the application did not deserve consideration otherwise the plaintiff would be all......ound to fail in the form as framed. The suit was decreed by a single Judge. 26. On careful perusal of the plaint we find that learned Advocate could not be sure as to how to seek the relief in the facts and circumstances of the case. There is more than one amendment by both parties. Even thereaft..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......l Procedure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs institu..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......e of the same value and advantage, such division by the Commissioner cannot be said to be inequitable. 24. In the judgment of the appellate Court, we could not find any consideration on any of the questions raised. He just stated the grounds taken in the memorandum of appeal one after another and......gment of reversal as the appellate Court failed to comply with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he submits that without considering the facts and circumstances of the case and the evidence on record the learned District Judge allowed th..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......the Martial Law Regulation No. 1 of 1982. Clause (6) of Regulation 3 of the said Martial Law Regulation No. 1 of 1982 created positive prohibition for any Court including the Supreme Court to call in question in any manner any judgment and order of conviction and sentence or proceeding of a Martial ......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......rty in other Suit No. 151 of 1992, the ex-parte decree obtained therein was not binding upon the plaintiff. 46. We have perused the record and heard the learned Senior Counsels at length. The main question facing us is, whether the learned Subordinate Judge was justified in decreeing the suit in ......r Counsels at length. The main question facing us is, whether the learned Subordinate Judge was justified in decreeing the suit in its entirety. Fate of the suit appears to depend more on law than on facts. 47. On 8-1-97 the plaintiff Instituted the suit for a decree for declaration of his title ..Category: Property Law | Date: | Hits: 71
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