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Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......eased to reject the said application on the grounds that the plaintiff has sought correction of the plaint after 35 years from the date of the decree, which is not acceptable in law and is beyond the jurisdiction of his Court. Thus he rejected the application, which is now challenged before this Cou..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... of law it appears that this Court in order to satisfy itself as to legality or propriety of any order may call for the record from the Subordinate Criminal Court and examine the same and even in the absence of any application by anybody if it otherwise comes to the knowledge of the Court this Court...... application. Moreso, the power of exercising such discretion is clearly vested in the Court even if this Court otherwise comes to know of any illegality in any order of any inferior Court within its jurisdiction. In view of such position of law there cannot be any legal reason to lend a deaf ear to..Category: Criminal Law | Date: | Hits: 82
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....r consideration of the evidence or record and, as such, he has committed an error of law occasioning failure of justice. He submits that the findings of the Session Judge about the 2nd marriage are totally erroneous and, as such, it is liable to be set aside to secure ends of justice. 6. It is ...... neither appellate power, nor revisional power, nor a power of review, rather it is available for a very limited purpose to remove the wrong done for the purpose of securing of ends of justice in the absence of any other forum. It is difficult to pass an order of remand in the present forum on setti...... 6. It is contended further that since it is a case having evidence and the erroneous view taken by the Sessions Judge led to miscarriage of justice, it calls for interference even under the inherent jurisdiction of this court available under section 561A of the Code of Criminal Procedure. It is sub..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....cused petitioner in the Court of Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused enjoyed the facilities of loan but failed to repay the amount of loan on repeated reminders. The total amount of loan payable by the accused is Taka 13,51,535.98 and for repayment of part of the sa......he hearing of the case to some other date. The use of aforesaid words in the section, to my mind, cast a duty upon the Magistrate before dismissing the complaint to find out whether the complainant's absence was intentional with a view to prolong the case or due to causes beyond his control." 8. ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......has referred to the decision in the case of Tashinuddin Talukder Vs. State 25 DLR 174. The next emphatic submission made by the learned Advocate is that the learned Additional Sessions Judge assuming jurisdiction of the Special Judge passed the impugned order who has not been vested with the power o..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....hibits 1 (1) and 1(2). He states that as per showing of the informant, he has visited the place of occurrence, prepared sketch map with index, Exhibit 9 and his signature Exhibit 9/1. This witness is totally telling lies, inasmuch as, the informant admits that he knows nothing about the occurrence b......y inside a gunny bag by affixing with a cement bag, that thereafter he has heard that the boy has illicit relationship with Ershad Sikder's elder wife who used to visit Ershad Sikder’s house in his absence, that as per his showing, the divers have recovered human bones and clotted cement, that hal......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......n prosecution which must prove it to the hilt and beyond all reasonable doubt. This doubt must be a supportable and not a fanciful doubt. Plain meaning of the term "Doubt" is uncertainty of mind, the absence of a settled opinion for conviction and the attitude of mind towards the acceptance of or be......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......f the impugned Act is also violative of the petitioner's fundamental rights as guaranteed under Articles 27 and 31 of the Constitution and that the said Act gives the authority arbitrary power in the absence of any guideline and without Rules under section 12 for securing the purpose of the impugned......not have any grievance against his seniority and transfer order which are related to the Terms and Conditions of his service. His proper remedy lies in the Administrative Tribunal and not in the writ jurisdiction. He has further submitted that under Article 133 of the Constitution Government is empo..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......face of the record, whether error occurred by reason of the counsel's mistake or it crept in by reason of an oversight on the part of the Court, is not a circumstance which can affect the exercise of jurisdiction of the Court to review its decision. 8. It has been held by the judicial committee i..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250....... clause 2 of the impugned SRO dated 2‑12‑1999 seeking to deprive the petitioner of the said tax exemption purporting to give prospective effect to clause 1 of the said SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......g out of Non GR Case No. 2033 of 2001. (d) Warrant of arrest was issued against the petitioner and two others. 34. Petitioner on surrender before this court sought anticipatory bail in invoking jurisdiction under section 498 of the Code stating that the motive of the petition of complaint is n..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......ding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining party or it has acted malafide or in violation of the principle of natural justice in the absence of any such conditions the interference by the High Court Division itself becomes an act wit...... or manage or supervise or control the property when the P.0.16 of 1972 came into force. In such a situation the High Court Division can not up set the such findings of facts under its extra-ordinary jurisdiction under Article 102 of the Constitution. In the case of Government of Bangladesh represen..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......etition No.2293 of 1994 and US $ 595.00 CFFO Chittagong per metric ton for consignment covered under Writ Petition No. 2261 of 1995. 11. The Learned Advocate for the petitioner submits that in the absence of any fixed tariff value for the said imported merchandise, price has to be determined as p......cative value” has no place in the Customs Act or in any other Act. Accordingly in the eye of law, Annexure-E has no value. And on the basis of the said indicative value the Customs Authority has no jurisdiction to direct any consignee to declare the value of the Consignment as per “indicative va..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....r section 438 of the Code is legally not maintainable after the Sessions Judges have been invested with the powers under section 439A of the Code of Criminal Procedure. The learned Sessions Judge was totally confused of the scope and application of section 438 of the Code. Even after the amendment o......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......may be exercised by the High Court Division under section 439 of the Code. 2. Mr. Md. Miftahuddin Chowdhury, learned Counsel for the petitioner submits that the learned Magistrate has exceeded his jurisdiction in drawing up proceeding under section 188 of the Penal Code in violation of sub-sectio..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....us purposes in taxable territories during the previous year but is accumulated, or finally set apart, for application to such purposes of taxable territories, such income shall not be included in the total income of the previous year of the person in respect of the income provided the following cond......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145....... respondent No. 2 to seize the documents from a bank without finding any prima facie case in application, as such, the order of the learned Sessions Judge is liable to be declared illegal and without jurisdiction.
3. Mr. Huq also argued that Banks Evidence Act, 1891 is a special law dealing with ..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ...... not heard of by any of his relations. In the circumstances one Ayesha Begum, the only sister of Md. Ismail was alive and living at her residence at 9, Shirish Das Lane, Sutrapur, Dhaka, Hence in the absence of Md. Ismail said Ayesha Begum as the sole heir of Ismail used to carry on business at the ......through her mother Ayesha Begum. 13. Section 41 of the Evidence Act speaks of final judgment, order and decree of a competent Court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, and such judgment and order are not only relevant but are also conclusive both against..Category: Property Law | Date: | Hits: 116
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......within the meaning of Rule 138 (c) and (d) of Bangladesh Water Development Board (Employees) Service Rules, 1982. The petitioner further stated in his reply that the alleged works were not within his jurisdiction and the same were not entered in the Measurement Book (MB) and therefore requested the ..
Category: Employment/Service Law | Date: | Hits: 72
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