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Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....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.......fore, the proceedings are liable to be quashed. Proceedings in Criminal Case No.116 of 1986 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.......………………………………………..Respondent Judgment May 29, 2000. Lawyers Involved: Md. Miftahuddin Chowdhury, Advocate—For the Petitioner. Shueb Ahmad, Assistant Attorney-General—For the State Respondent. Criminal Miscellaneous Case No. 2786 of 1995. Judg......lice force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowered to promulgate such order. The learned Magistrate was of the opinion that petition..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....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. ......ncome or property was held by the institution for any other purpose. The income that has been derived out of ‘Arong’ and BRAC printers were not kept apart for application in other purposes. It is according to Mr. Ahmed a 100% charitable institution. He submits that sub-rule (1) and (2) of sixth ...... are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......ect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, Dhaka, Bench-3. As the same question of law and fact is involved these two reference applications are being disposed of by this single judgm..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....ing the impugned order holding that the issues involved in the two suits are not directly and substantially the same and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Islam further submits that the learned Assistant Judge erred in law in holding that the......its own merit, which course is usually adopted by the Courts for avoiding any possible conflict of decision. For the reasons stated above, I do not find any substance in this revision and the same accordingly fails. In the result, the Rule is discharged without any order as to costs. The or...... Qazi Ebadul Hoque J Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faz......ned order, the petitioner moved this Court and obtained the present Rule. 6. Mr. Mahmudul Islam, the learned Counsel appearing for the petitioner, submits that the learned Assistant Judge erred in law in passing the impugned order holding that the issues involved in the two suits are not directly..Category: Property Law | Date: | Hits: 57
....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.......sented —the Respondents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to se......ents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents......e 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 bank matters which gives special statutory protection against disclosure of facts r..
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. ......Gun Repairing Works. Subsequently, the name was changed from “Calcutta Gun Repairing Works” to “East Pakistan Small Arms” and the authority concerned was requested for correcting their record accordingly. Since the Baitul Mokarram Managing Committee did not care to change their record in thi...... 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. ......dge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title..Category: Property Law | Date: | Hits: 116
....he petitioner has asserted that the Chairman, Water Development Board did not comply with the request of the petitioner.
18. The petitioner failing to obtain favourable reply sent notice demanding justice on 9-12-96 through his lawyer and requested the respondent No. 3 to dispose of the review pe......works and submitted to the then Sub-Divisional Engineer. The Sub-Divisional Engineer in turn forwarded the same to the Executive Engineer. The Executive Engineer in his turn approved the estimate and accordingly, some bills were prepared and 3 (three) Nos. of bills were entered in the measurement bo......…….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin Ahmed vs. Province of East Pakistan, 26 DLR 27.......laint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former p..
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....appeal below erred in law in allowing pre-emption without considering the fact that the case was barred under the principle of estoppel, waiver and acquiescence and the same has occasioned failure of justice. The learned Advocate further submits that in view of the fact that the petitioner have made......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......y the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the State Acquisition and Tenancy Act, 1950 in the Court ...... No.4 Naheruddin sold the case land measuring 0.51 decimals to opposite party Nos.1 to 3 by kabala dated 30-7-76 at a consideration of Taka 5000.00 without serving any notice upon them as required by law. On obtaining the certified copy of the impugned Kabala the pre-emptors filed the pre-emption ca..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....l for, if we interfere on the said point, we will be left with no option other than to send the matter back on remand to the trial court for writing out a proper judgment, in which event, the ends of justice will be defated. 12. Now turning to the merit of the case, we noticed that Monu Mia (P.W.......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......volved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) Judgment S......about 8 a.m. the occurrence took place towards the northern side of the house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurrence and at one stage they attacked Fazir Uddin..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......eal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the writ-respondent N......t Appellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others…………......he impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the rule absolute in part declaring that by not holding election according to law the action of the respondent has become illegal and directing the writ-respondent Nos.1, 3 to 5 ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......other……………………..Respondents Judgment February 1, 2011. Case Referred To- State Vs. Zakaria Pintu, 62 DLR (AD) 420. Lawyers Involved: Shashanko Shekor Sarker, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. AKM Shahid......l Miscellaneous Case No.25185 of 2010, directing the respondents to surrender before the Court of Chief Judicial Magistrate, Jhenaidah, within 8(eight) weeks from date with a further direction to the law enforcing agencies not to arrest or harass or disturb them in any manner presumably in connectio..Category: Criminal Law | Date: | Hits: 55
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs have no right of redemption and accordingly dismissed the suit. On appeal in Title Appeal No.689 of 1999 the appellate Court dismiss...... 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to appeal is di...... right of redemption shall accrue after 12 years from 1936, date of mortgage deed and the suit has been filed within a period of 60 years. Accordingly both the courts below committed a gross error of law in construing the President's Order No. 88 of 1972 and in holding that the mortgage deed was exe..Category: Property Law | Date: | Hits: 60
.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
.............Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner.
Not Represented-the Respondents.
Civil Petition for Leave to Appeal No. 549 of 2007.
Judgment
Mohammad Fazlul Karim J.- The petition for Leave to Appea......ted the suit contending that the Government has legal right and title to the aforesaid properties of hats Bazars and jalmahals for which tender notice were issued by the Government in accordance with law; that each year Government has been issuing tender notices and leasing out the aforesaid hats an..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......as suspended for derailment of Loco No.6102 of 73 Up train on 7-2-1984. He states that the incident was beyond his control. During suspension more than one enquiry was held regarding the incident and according to the enquiry report the petitioner was found not responsible for the accident. But for s...... Lutfor Rahman……….. Petitioner Vs. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddin Ahmed vs. Secretary to the President, People’s Republic of Bangladesh and others 42 DLR 1. Lawyers Involved: Md.......al Law Order 9 of 1982 signed by the Secretary, Ministry of Communication. 3. The petitioner obtained this Rule upon such facts challenging the order on the ground the same has been passed without lawful authority and to dispose of the review application filed by him on 29-8-85 before the Review ..Category: Employment/Service Law | Date: | Hits: 78
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....rder of conviction and without noticing and considering the vital fact and that the ingredients of section 493 of the Penal Code were totally absent in the case and the same has occasioned failure of justice. 6. Mr. BN Elias has taken me through the impugned judgments. In the peculiar circumstanc...... accused petitioner, being carried away by an emotional approach to a legal question. 14. Law requires that a Court or a Tribunal adjudicating any judicial matter before it must administer justice according to law end must not allow itself to be influenced by emotions or personal notions, however...... Court Division (Criminal) Present: Gour Gopal Saha J Hanif Sheikh (Md.)…………Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs......ndered herself to the carnal desire of the accused, no offence under section 493 of the Penal Code has been made out and, as such, the impugned order of conviction and sentence is not maintainable in law. The learned Advocate further submits that the learned Court of appeal below was manifestly wron..Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....d Courts below without properly discussing and considering the material evidence on record erred in law in passing the impugned order of conviction and sentence and the same has occasioned failure of justice. The learned Advocate further submits that the learned Courts below failed to consider the l......il and cruel manner that their intention to entrage the modesty of the victim is manifest. It is fun fortunate that the learned Magistrate has been too lenient to the accused persons in the matter of according sentence in a case involving heinous offences. Since this is a very old case, I refrain fr....... Petitioner Vs. State…………….Opposite Party Judgment August 2, 1998. Lawyers Involved: Faisal Mahmud Faizee, Advocate — For the Petitioner. Kh Mahbub Alam, Assistant Attorney- General — For the State. Criminal Revision No. 740 of 1995. Judgment Gour Gopal S......r. Faisal Mahmud Faizee, the learned Advocate appearing for the petitioners, submits that the learned Courts below without properly discussing and considering the material evidence on record erred in law in passing the impugned order of conviction and sentence and the same has occasioned failure of ..Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......98. Judgment Qazi Shafiuddin J. - These two review applications being Review Application Nos.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order date......d. 6. In these two review applications it is stated that the Appellate Tribunal did not consider the declaration form and further the Special Bench so constituted was not formed in accordance with law who heard that appeal, as such, the order passed by the Tribunal is coram non-judice. On these t..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......tion of Ben-Lub Pte Ltd. (vide annexe-A to the writ petition) showing her shares to the extent of only 15% therein. 3. Mr. M. Moksadul Islam, the learned Advocate for the petitioner submitted that according to section 5 (GaGa) of the Bank Companies Act, 1991 the petitioner does not come within th......ultana J Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- Major Monjur Quader (Rtd) Vs. Bangladesh Bank and others, 59 DLR, 451; Mahmudur Rahman and an...... included in the CIB report. We have perused the writ petition and the papers submitted therewith, considered the submissions of the learned Advocates for both the parties, and carefully examined the law and decisions cited by the learned Advocate for the petitioner. Section 5 (GaGa) of the Bank Com..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....xecuting Court issued the warrant of arrest without any prior notice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......n Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Shaheb Bazar, Rajshahi and others, 15......tice to show cause as required under Order XXI rule 37 of the Code of Civil Procedure and also in violation of the principle of natural justice, and as such the impugned order has been passed without lawful authority. 5. On the other hand, Mr. Md. Golam Mostafa, the learned Advocate appearing for..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......anking document for the purpose of investigation of offence under sections 403/406/408 and 409 and sections 421 to 424 (both inclusive) and sections 465 to 477 (both inclusive) of the Penal Code. But according permission for seizure of any banking documents is not available in the law. He then submi......tion Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul Karim with Aneek R Haque, Advocates-For the Petitioner. Probir Neogi, Assistant Attorney-General-For the Respondents. Writ Petition No. 984 of 1994. Judgment Md. Munsurul Ho......mo No. 619/5 Cr dated 29‑5‑94 (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner is a banking company incorporate..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....versity other than the Universities the names of which were mentioned in the schedule of the said notice published in the Bhorer Kagoj on 7-3-97. Publication of the notice was followed by a demand of justice notice served upon the respondents requesting to withdraw and cancel the notice in vain. ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ...... Judgment: February 14, 1999. Result: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Mrs. Farah Mahbub, Advocates — For the Petitioner. K.M Saifuddin Deputy Attorney-General - For Respondents. Writ Petition No. 1611 of 1997. Judgment AM Mahmudur Rahm......ice No. SHA/14/13-Be-Bee- 4-97-55 Sheekhya dated 6-3-97 published in the Daily “Bhorer Kagoj” on 7-3-97, so far as it relates to the petitioner, should not be declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International..Category: Others | Date: | Hits: 104
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