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Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......rred his said properties in favour of the defendant No.4, the alleged revocation of the gift by a deed of conciliation registered on 11-11-1982 allegedly by defendant No.3 was illegal and without any lawful effect, ‘consequently the deed of sale (Exhibit 4) did not confer any right, title or inter..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......ill show the complicity of the three petitioners in the conspiracy to kill the four political leaders, who lost their lives in the safest of all places in the country where human life is protected by law and ensured by security from the state. He submits that there is every chance of the petitioners..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....quirement of section 164 of the Code of Criminal Procedure. The recording of the statement on a foolscap paper and mere omission of endorsement cannot be considered as fatal defect. The breach of the provision of law, if any, is a technical one and by that the evidentiary value of the confessional s......confessional statement recorded by the Magistrate was recorded on a foolscap paper and it did not bear any endorsement as is required under section 164 of the Code and the statement is not tenable in law and the confession is no confession in the eye of law. (iii) In the First Information Report ..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......erned. We are, therefore, of view that the Rule has become infructuous. Petitioners may however pray for bail from the Court below which will be at liberty to consider their prayer in accordance with law. In the result, the Rule is discharged. Bail granted to the petitioners is recalled. They are..Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....h, the proceeding adopted and constituted by the learned Sessions Judge as well as by the learned Additional Sessions Judge, 5th Court, Dhaka is without jurisdiction. It is also submitted that as per provision of section 5A of the Prevention of Corruption Act only the inspector of police is empowere......scribed under section 409 of the Penal Code committed by the public servant is one of the schedule offences of the Criminal Law Amendment Act 1958 and, as such, only the Special Judge is empowered by law to try such cases under section 5 of the Criminal Law Amendment Act 1958 and, as such, the proce..Category: Criminal Law | Date: | Hits: 62
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... may apply to the Board for removing such difficulty, and upon such application, the Board shall endeavour to extend to the entrepreneur necessary assistance." (Underlining is ours) From the above provisions of law it appears that the petitioner-company was registered with the Board of Investment......rketed the products without making any communication with or reference to the BOI and, as such, the registration was liable to be cancelled and the respondent No.1 has cancelled it in accordance with law, for, the condition No. 3 of the registration letter was a condition-precedent for the petitione..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....ent of casualness should be allowed to creep in and the Magistrate should be fully satisfied that the confessional statement which the accused wants to make is in fact and in substance voluntary. The provisions of sub section (3) of section 164 is mandatory and therefore he is required to fill up Co......ional statement of accused Babul Miah were voluntary and true. This judicial confessional statement of accused Babul Miah which has been marked as exhibit 11 has also been recorded in accordance with law. It is a well settled principle of law that the confessional statement of an accused if voluntar..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......nt and order dated 9.11.2006 of the High Court Division passed in Civil Revision No. 3747 of 2002 making the Rule absolute. Since the facts of the above cases are more or less similar the question of law involved are also same and both the petitioners are heard together and disposed of by this judgm..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......nce and materials on record, we do not find any cogent reason to interfere with the decision of the High Court Division, which appears to have been based on materials on record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismi..Category: Property Law | Date: | Hits: 71
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....r appeared in person in this writ petition. He has drawn our attention to Article 142 of the Constitution which deals with amendment of the Constitution. His submission is that if the preamble or any provisions of Articles 8,48 or 56 or this Article, namely, Article 142 is amended, then the bill sha...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..Category: Constitutional Law | Date: | Hits: 199
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ...... has been filed by certain greedy person in the name of the plaintiffs and that many of the named plaintiffs are fictitious persons and that the suit land vested in the defendant No.1 by operation of law following acquisition of title by the government on the basis of an agreement dated 23.02.1977 a..Category: Property Law | Date: | Hits: 58
Abdul Majid Pramanik and others Vs. Md. Sorhab Ali and others, 2010, 39 CLC (AD)
....mission of Mr. A.F.M. Mesbahuddin, learned Senior Counsel, appearing for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 1.......he High Court Division dismissed the claim of pre-emption on the ground of maintainability of the petition and in that view of the matter, the learned Single judge of the High Court Division erred in law in interfering with the judgment of the Court of Appeal blow allowing pre-emption. 5. There i..Category: Property Law | Date: | Hits: 54
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....gain in a review application filed by the defendants and the learned Subordinate Judge passed in the impugned Judgment, which is beyond his jurisdiction as the application was not filed following the provisions of Order 47 rule 1 of the Code of Civil Procedure, hereinafter referred to as the Code. ...... desires to obtain a review of the decree passed or order made against him may apply for a review of judgment to the court which passed the decree or made the order.” From the above provision of law it appears that in order to maintain application under Order 47 rule 1 of the Code the following..Category: Property Law | Date: | Hits: 59
Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)
....corporate or of any other body or organisation constituted or established under any law”. These definitions are by no means exhaustive, rather descriptive. 11. Let us now examine the relevant provisions with regard to the Nikah Registrar in order to decide whether they are public servant or ......ted by the Government by fees or commission for the performance of any public duty. b) in the service or pay of a local authority or of a corporation, body or authority established by or under any law or of a firm or company in which any part of the interest or share capital is held by or vested ..Category: Criminal Law | Date: | Hits: 50
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., as such, the basis for levy of duty in exercise of delegated power in the present case is without lawful authority. Further, it was argued that sub-section (7) of section 25 is independent of other provisions of the section and there being no guideline for determination for fixing tariff value the......customs duty on the basis of Tariff value instead of registration value pursuant to import particular registration scheme on the ground that imposition and levy of duty upon such basis is without any lawful authority. 2. The petitioner, a firm, carries on business of import of Caustic Soda. It op..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....e Division held that after attainment of the decree in finality the judgment debtor has no right to redeem the mortgaged property and, that the power under section 57 is only available when the other provisions of the Ain are not exhaustive. 11. In the present case the writ petitioner is not cla......a Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No. 25 of 2001 (arising out of Mortgage Suit No. 72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ..Category: Civil Law | Date: | Hits: 183
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... of Zadavpur Islamia Dakhil Madrasah, when its Managing Committee suspended him from service with effect from 21.10.1999. No subsistence allowance was given to him, which he was entitled to under the law. Subsequently he was dismissed on 16.10.2004, which the Appeal and Arbitration Committee of Bang..Category: Criminal Law | Date: | Hits: 68
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....referred Title Appeal No.50 of 1986 before the District Judge, Natore. Ultimately the learned Sub-ordinate Judge (now Joint District Jude), Natore heard the appeal and on careful consideration of the provisions of law, concurred with the findings of the trial Court and dismissed the appeal by judgme...... Appeal No.50 of 1986 before the District Judge, Natore. Ultimately the learned Sub-ordinate Judge (now Joint District Jude), Natore heard the appeal and on careful consideration of the provisions of law, concurred with the findings of the trial Court and dismissed the appeal by judgment and decree ..Category: Property Law | Date: | Hits: 54
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 2003); Chapter VI Scope of applicability of the Civil Procedure Code in an execution proceedings under the Artha Rin Adalat Ain, 2003 Chapter VI of the Artha Rin Adalat Ain, 2003 specially the provisions regarding execution under of the Ain and any of the provisions of the Ain has no conflict....... 4. The executing Court heard the application and rejected the same by the impugned order dated 5.4.2010 in a short slip manner only on the ground that the Artha Rin Adalat Ain, 2003 is a special law and there is no scope to give permission for selling the property under the provision of the Cod..Category: Procedural Law | Date: | Hits: 95
Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)
....after submitting final report against him and that there being specific cases pending against the detenu he may be dealt with suitably in those cases and, as such, question of detaining him under the provisions of the act does not arise. The statements mentioned in the grounds, according to the lear......s to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful authority. 2. The aforesaid detenu was arrested on 6‑1-2003 under section 54 of the Co..Category: Criminal Law | Date: | Hits: 55
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