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....ut no one appears for the opposite parties.
6. Learned Advocate for the petitioners submits that the trial Court committed error of law resulting in an error in the decision occasioning failure of justice in not complying with the provision of Order 22 rule 3 of the Code of Civil Procedure, passi......g the prayer to vacate the order dated 16-3-1993 passed by the learned Assistant Judge Ghoraghat Police Station, District Dinajpur in Other Class Suit No.3 of 1994 dismissing the suit for default and accordingly, the impugned order dated 17-6-1999 is hereby set aside and the trial Court is directed ......1993.
Judgment
Md. Shamsul Huda J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat......or default they filed application under section 151 of the Code of Civil Procedure for vacating the order dated 13-6-1993 as it being a nullity and being passed in violation of mandatory provision of law and for accepting the petition filed by the petitioners for substituting them as plaintiffs in p..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......the plaintiff is a not a citizen of Bangladesh because of his leaving this country and staying in India. 5. The trial Court dismissed the suit under conception that the onus was upon the plaintiff according to the provision of President’s Order No.149 of 1975 to prove that he was a permanent re......n) Present: Abu Sayeed Ahammed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, ......s the citizenship of Bangladesh or it was ceased or he is no more a Bangladeshi Citizen. 8. Mr. SS Halder, the learned Counsel for the appellant submits that in view of the different provisions of law and decisions given by the High Court Division and the Appellate Division and also some other hi..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......nd the said deed was not a mortgage deed. It was an out and out sale deed and the allegation of returning the suit land by the defendant Nos.4 and 5 is false and fabricated and the suit land has been accordingly recorded in the SA Khatian in the names of the defendants 4 and 5 correctly. Defendant N......Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Advocate—For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General—For the Respondents. Second Appeal No.114 of 1978. Judgment Abu Sayeed Aha....... They have also not been examined. One Hari Sadhan has been examined as P.W.2 who could not prove the genuineness of the endorsement as to its contents. 14. It is a dispute involving the point of law more than facts, to be decided whether the transfer by Exhibit 2 was a mortgage which took place..Category: Property Law | Date: | Hits: 85
....hapter “Administration of Civil Justice” provides that:
“The officer dealing with matter or suit will in the first instance endeavor, upon the viva-voce examination of the parties, to make a justice award between them. Witnesses should not be sent for, except when the officer is unable with......ty Commissioner to decide civil rights of the parties on taking evidence. A person or persons to constitute a ‘Court’ who must be entrusted with judicial functions of deciding litigated questions according to law. A judicial decision presupposes an existing dispute between the parties and involv......17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, suspected huge financial irregularities during the period 1988 in Timber Extraction Pro......aid order, petitioners moved this Court under section 115(1) of the Code of Civil Procedure.
6. Dr. Rafiqur Rahman, learned Advocate appearing for the opposite party, raised a preliminary point of law that no revision petition under section 115(1) of the Code of Civil Procedure lies against the d..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......e plaint, but he ultimately did not contest in the suit as to his allegations that he is the benamdar of Mir Abdul Mannan (the defendant No.9) and Harendra Kumar Bhuiyan (the defendant No.10) who are according to the defendant No.1 actually made purchasers of the suit land in auction in the said OD ......judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the tit......section 7 of the PDR Act no legal sale could took place of the suit property is not correct and the plaintiffs’ purchase is not hit by section 8 of the PDR Act. Mr. Bhuiyan also submits on point of law that sections 7 and 8 of PDR Act should be read with Rule 6 of that Act and, according to Mr. Bh..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... judgment a nullity and without jurisdiction. The defect, if any, is a procedural and technical one not affecting the merit of the decision of the case………….(20) Administration of criminal justice If offenders like the convict-appellant goes scot free without the result of criminality,......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ...... Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the f......publicae Supreme Lex, the safety of the State is the Supreme Law, society and innocent public are to be protected from criminals, offenders and armed cadres who are menace to public peace and rule of law. Social stability and order are required to be regulated by punishing offenders, criminals, terr..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
...., I do not have any hesitation to hold that the order of the Court of appeal granting mandatory injunction is most unjust and arbitrary, and such order has no doubt resulted in serious miscarriage of justice and therefore, cannot be sustained in law. 20. In passing, Natural Gas is no doubt very i......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......l Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory i......ion dated 11-8-99 of the Titas Gas to prepare gas bills on the basis of load of 26715.31 cubic meter per month at the pressure of 8 PSIG and that the bill dated 17 issued on such basis are illegal, unlawful and with an ulterior motive to harass the plaintiff and therefore, not binding upon the plain..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......other accused persons guilty of the charge under sections 302/149 of the Penal Code and also the appellant Milon and the accused Md. Kamal guilty of the charge under section 307 of the Penal Code and accordingly, convicted and sentenced them as mentioned above. 6. The informant P.W.1 Nazi-al Isla......ir Hossain (Md.) alias Alamgir Hossain and another Vs. State, 49 DLR 590; Saad Ahmed Vs. State, 35 DLR 41. Lawyers Involved: MA Quddus, Advocate—For the Appellant. Shueb Ahmad, Assistant Attorney-General with Alhaj Md. Mahmud Hossain Assistant Attorney- General —For the State. Crimin....... 23. Mere non-examination of nearby shop-keepers or a neighbour cannot be held to be fatal to the prosecution case if there are eye-witnesses of the alleged occurrence. It is a sound principle of law that it is not the quantity of witnesses but quality of evidence that matters much to convict an..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....ut seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismissing the suit upon such erroneous view which has resulted in failure of justice. He then submits that the Court of appeal below without reversing the findings of the trial ......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......esent: Md. Abdur Rashid J Abdus Sukur (Md.) and others……….…Petitioners Vs. Bhasani Mandal and another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR......e duly admitted without any objection and proved, but the Court of appeal below without seeing the documents on record held that the execution of those documents were not proved and thus, it erred in law in dismissing the suit upon such erroneous view which has resulted in failure of justice. He the..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......ischarge of 40 bags of rice from the said vessel respondent No.1 refused to take delivery of the balance cargo on board the vessel on the ground that the quality of the cargo of rice supplied was not according to the contract specifications. Although the said vessel was all along ready and willing t...... Bangladesh & others……….Respondents Judgment May 16, 2001. Lawyers Involved: M Hafizullah with Md. Ohiullah, Advocates—For the Petitioner. Obaidur Rahman Mostafa, Deputy Attorney-General with Mashfiqur Rahman, Assistant Attorney-General—For Respondent No. 1. Writ Pet......er, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the territorial waters of Bangladesh should not be declared to have been passed illegally and without any lawful authority and why the respondent No.2 and/or respondent No.3 should not be directed to take d..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....t out”. 44. Therefore, in the facts and circumstances of the case as stated above we are inclined to reduce the sentence of death of the condemned prisoner Shamim @ Shahin Sikder for the ends of justice. In the result, the reference is rejected. The Criminal Appeal No.1107 of 1997 preferred ......f the prosecution witnesses adduced in this case. 29. Thus it appears that the informant P.W.1 is not eye-witness to the occurrence. He stated that P.W.s 4 and 8 narrated the occurrence to him and accordingly, he lodged first information report. So P.W.s 4 and 8 are the only eye-witnesses in this......ther of deceased Alak Dutta, lodged ejahar with Kotwali Police Station, Barisal stating, inter alia, that his deceased brother Alak Dutta along with their neighbours Kazi Jasim and another Jasim went to Barisal Medical College Hospital to see a patient at about 11-00 PM on 27-10-93 by a motorcycle. ......ection 34 of the Penal Code are not attracted in the present case and, as such, the convictions of other convict appellants in this case under sections 302/34 of the Penal Code are not sustainable in law. It is further submitted that in the inquest report only one injury was found at the back of the..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......s to come to often to Bangladesh and therefore, without going for the visa so frequently he applied for work permit from the Ministry of Industries for employment certificate and the certificates was accordingly issued to him by the said Ministry on l4-5-90 for a period of 2 years effecting from 1-5......ted against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this pe......n with USA and Bangladesh he cannot take advantage. It has been further stated that any person leaving Bangladesh has to take tax clearance certificate from the Deputy Commissioner of Taxes under the law for travel abroad and he has been simply requested to take such clearance and the Director-Gener..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......ferred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357; Dacca Match Factory Vs. Bangladesh Match Factory, 30 DLR 244; De Cordova and others Vs. Vick Chemical Coy, Vol. LXV...... 6. Mr. Habibul Islam Bhuiyan, learned Senior Counsel for the appellant submits that the trial Court though found that the plaintiff has got a prima facie case for temporary injunction but erred in law in refusing the prayer for injunction on the wrong view of the matter, firstly, that if the plai..Category: Intellectual Property Law | Date: | Hits: 230
....e any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will ......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......QMH Md. Ayub Ali Vs. Bangladesh 47 DLR (AD) 71; Bangladesh Vs. Md. Abdul Jalil, 49 DLR (AD) 26.
Lawyers Involved:
SS Halder, Advocate—For the Petitioner.
Dr. Kazi Rezaul Hoque, Assistant-Attorney-General—For the Respondents.
Writ Petition No. 2512 of 1995.
Judgment
Syed Mahmud ......First Court of Settlement, Bangladesh Abandoned Buildings, Segun Bagicha, Dhaka in Case No.176 of 1987 (Ka-21-Gulshan Area, Dhaka) should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts leading to the issuance of ..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......taldas Tirathdas 41 ITR 367; Kerala Vs. Travancore Sugars and Chemicals Ltd. 90 ITR 3O7. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Appellant. MA Rahim Bhuiyan, Assistant Attorney-General— For the Respondent. Reference Application No. 23 of 1993. Judgment Syed A......ce No. XLIII of 1985 is in fact, a charge created on the income or created an obligation to be discharged by application of the income earned by the assessee. In that view of the matter it appears in law for our answer and in that view of the matter we reformulate the following question i.e. whether..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ed for the negligence committed by the lawyer or for the ill advice of the Advocate. The learned Advocate further submits that in dealing with a condonation application the principle that substantial justice shall take preponderance over technical consideration should always be kept in view in decid......dvised her to file an application for rectification of that order under section 173 of the Ordinance instead of filing a reference application under section 160 of the Ordinance before this Court and accordingly, an application was filed under the aforesaid section of the Ordinance which was registe......of 159 days in filing the reference application under section 160 of the Income Tax Ordinance, 1984. 2. It is stated that the petitioner is a pardahnashin lady and a housewife and she was assessed to tax under section 82(2)/93 of the Income Tax Ordinance, 1984 on total income of Taka 11,61,555.00...... and she was also not keeping good health seeing the murder of her husband and the aforesaid order was misplaced by her which was however re-traced by her subsequently and handed over the same to her lawyer on 26-3-2000. Thereafter, an application was filed before the Tribunal under section 173 of t..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......ented-the Respondents. Criminal Revision No. 511 of 2000. Judgment Md. Abdul Aziz J. - In this Rule the opposite parties including Kabir Ahmed impleaded as opposite party No.2, were directed to show cause as, to why the order dated 25-5-2000 passed by the learned Sessions Judge, Chittagong ......rmant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Station implicating 32 persons including the present petitioners alleging that on 7-7-99 they forming an unlawful assembly and being armed with deadly weapons, namely, cut-rifle, kirich, etc. attacked the ho..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....fice of the respondent for getting the plan amended otherwise action will be taken under the Building Construction Act. Having received the aforesaid memo Annexure-D the petitioner served a demand of justice notice on 5-11- 98 requesting the respondents to withdraw the notice but without any result....... is that the petitioner obtained an approved plan on 31-7-89 for construction of 2 storied building over the plot in question, the area of the plot is more or less one katha. No construction was made according to the plan approved on the said date. Thereafter the petitioner submitted a revised plan ......ur Rahman, Advocates—For the Petitioner. Shah Khasruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রা......use as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plo..Category: Property Law | Date: | Hits: 114
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......ethod of accounting. But relying on the previous assessment orders reduced the receipts from commission receipts from Taka 15,000 per person to Taka 8,000 per person and modified the assessment order accordingly. Here also the Appellate Joint Commissioner of Taxes failed to appreciate the legal aspe......
Sagorika and Co. (Pvt.) Ltd..……………………Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone.... Respondent.
Judgment
August 23, 1999.
Cases referred to-
1975 BTD 221 (HC); 1977 BTD 18 and 163 (AD).
Lawyers Involved:
MA Noor, Advocate—For ......rcumstances of the case the computation of income of the applicant by the Deputy Commissioner of Taxes relying purely on surmise and conjectures and not on any material or evidence was sustainable in law and whether the learned Taxes Appellate Tribunal was legally justified in upholding such arbitra..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......ashava has been marked as Annexure-F. The respondent No.4, Deputy Secretary vide his letter dated 22-3-98 asked the respondent No.2 to delimit the Lalmohan Pourashava into 9 Wards in place of 3 Wards according to section 21 of the Ordinance of 1977 within one month but before the expiry of the perio......al Government Rural Development and Co-Operative and others…………………….Respondents. Judgment July 7, 1999. Result: Both the writ petitions are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Lawyers Involved: ....... Muzammel Hossain J.- Rules in Writ Petition No.1787 of 1998 and Writ Petition No.2259 of 1998 have been heard analogously and are being disposed of by this single judgment since common questions of law and facts are involved in both the Rules. 2. In Writ Petition No.1787 of 1998 Rule was issued..Category: Election Law | Date: | Hits: 97
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