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Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....rs. Not represented- the Opposite parties. Civil Revision No. 2571 of 1998 with Civil Revision N0. 2572 of 1998. Judgment Md. Abdur Rashid J.- This order will dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, ...... evidence, oral and documentary, on record cannot also be sustained in law. In the circumstances, impugned judgment and decree cannot be sustained in law. 9. In the result, both the Rules are made absolute. No costs. The impugned judgments and decrees are hereby set aside. Judgment and decree of ..Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....3. Lawyers Involved: Md. Abdus Sobhan with Mir Moklesur Rahman and Nasrin Parvin, Advocates‑ For the Petitioner. Dr. Rafiqur Rahman with MA Baki, Advocates– For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued callin......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ..Category: Civil Law | Date: | Hits: 70
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....ned Deputy Attorney-General, pointed out before this Court the provision of section 19 Gha of the Jaruri Khamata Bidhimala 2007 as amended by SRO No. 30-Ain/2O67, hereinafter referred to as "the said Rules", and submitted that in view of the aforesaid provision of the said Rules this Court is preclu......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... Md. Idris Khan, Advocate—For the Petitioner. MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FM......pany, so far as it relates to the forfeiture of the security money, is declared to have been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes Court suit No. 13 o......tion 10 read with section 151 of the Code and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 10. In view of the above, the Rule is made absolute. The impugned order dated 24-10-2001 passed by the Court of Small Causes in SCC suit No. 13..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....rty, Advocate—For the Petitioner. Md. Monsur Rahman, Assistant Attorney-General-For the State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and ......acquitted. Appeal is the legitimate right of a convict, such right should not be withdrawn merely on the ground of limitation. We find substance in the Rule. 5. In the result, the Rule is made absolute. Delay of 5187 days in preferring Criminal Appeal No. 86 of 2005 pending before the learned..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......evidence regarding her recovery. Let us now consider how far the prosecution could prove the complicity of the appellants. On careful scrutiny we find that the prosecution case against the appellants absolutely rest on the evidence of PW 1. 23. PW 1 testified that on the night following 22-9-..Category: Criminal Law | Date: | Hits: 82
....ul Islam, Deputy Attorneys-General with Sathika Hossain, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2390 of 2005.
Judgment
Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Depu......horities.
14. For the aforesaid reasons, impugned order imposing fine on supposed evasion of tax for no offence committed cannot be sustained in law.
15. In the result, the Rule is made absolute with cost. Impugned order imposing fine of Taka 43,84,398.56 by respondent No. 6, Deputy Co..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....
Abul Kalam Maijuddin, Advocate—For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1)......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....ates—For the Petitioners. Hasan Foez Siddique with Munshi Md. Ali, Advocates—For the Opposite Parties. Civil Revision No. 990 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the judgment and decree dated 24-3-2004 passed by the learned Joint Distric...... the decision occasioning a failure of justice in decreeing the suit and also in maintaining the decree passed by the trial Court. I find merit in the Rule. 18. In the result, the Rule is made absolute, however, without any order as to costs. The impugned judgment and decree dated 24-3-2004 p..Category: Property Law | Date: | Hits: 34
....l with Abdus Samad Kamal, Assistant Attorney-General and Md. Zafar Imam, Assistant Attorney-General—For Respondent No. 2.
Writ Petition No. 4345 of 2004.
Judgment
ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Amirul Islam calling upon the respondent......he Police Regulations of Bangladesh which safeguards the elements of natural justice. As such, the impugned orders should be declared to have been passed without lawful authority and the Rule be made absolute.
7. The respondent No. 2 Inspector General of Police filed Affidavit-in-opposition sworn..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ue Zahir with AKM Enayet Hossain and KM Jabir, Advocates—For the Petitioner, Md. Badruddoza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision....... In the facts and circumstances discussed above, we are of the opinion that the Court of Settlement acted without lawful authority in dismissing the petitioner's case. Accordingly, the Rule is made absolute without any order as to costs. The impugned order dated 24-10-2001 (Annexure F to the Writ ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....s Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 3976 of 2000. Judgment Farid Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the inclusion of the pet...... to exclude the case property from 'Kha' list of the Bangladesh Abandoned Property and the said judgment is not lawful and the same has got no legal effect. 11. In the result, the Rule is made absolute without any order as to costs. The Judgment and order dated 28-5-2000 passed by the Court o..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....Petitioner. Md. Khalequzzaman with Minal Hossain, Advocates —For Opposite Party No.1. Not represented —the State. Criminal Revision No. 351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite partie......might be civil liabilities. He further submits that the impugned judgment dated 2-8-2005 affirming the judgment dated 6-8-2001 is not at all legal and proper and, as such, the Rule should be made absolute and appellant-petitioner be acquitted. In this connection, learned Advocate has cited some ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....nd Abu Ahamed Akhtaruzzaman, Advocates—For Respondent No. 6. Abdur Razzaque, Advocate—For Respondent No. 5. Writ Petition No. 4190 of 2005. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the notice dated 13-6-2005 publ......nd to pay more than Taka 1800 for each SIM and the respondent No. 6 is bound to deliver the SIM Cards to the petitioners at the contracted price of Taka 1800. 14. In that view, the Rule is made absolute so far as it relates to the petitioners' SIM Cards. The petitioners are entitled to get the..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....dvocate—For the Petitioner. Mohammad Hossain, Advocate—For the Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Session......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....r. Amirul Islam with Munshi Ahsan Kabir, Advocates— For the Opposite Parties. Civil Revision No. 1218 of 2005. Judgment Md. Abdur Rashid J.- Vendor (seller) obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against ......ession fell seriously in error of law in allowing the prayer for preemption by impugned judgment and order, which, no doubt, resulted in failure of justice. 27. In the result, the Rule is made absolute with cost. Cost is assessed at Taka five thousand only. 28. Impugned judgment and or..Category: Property Law | Date: | Hits: 28
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....esent: SK Sinha J Md. Abdul Hafiz J Moezuddin (Md)…………………..Petitioner Vs. State………………………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal......Sinha J Md. Abdul Hafiz J Moezuddin (Md)…………………..Petitioner Vs. State………………………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); Ki..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—For the Petitioner. (in both the Rules) MA Jalil with Ranjit Kumar Dhar, Advocates-For the Opposite Party. (in both the Rules) ......existence of a relationship of landlord and tenant between the defendants and the plaintiff, which, no doubt, resulted in serious miscarriage of justice. 48. In the result, both the Rules are made absolute with cost. Cost is assessed at Taka 5,000 in each of the Rules. Impugned judgment and decre..Category: Property Law | Date: | Hits: 35
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