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Harun and others Vs. State, 1998, 27 CLC (HCD)
.... with the order of the Sessions Judge. The Revisional Jurisdiction conferred upon the High Court Division under section 439 of the Code can be exercised only in exceptional cases when the interest of justice requires interference for correction of a manifest illegality or for the prevention of gross......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33.......State ……Respondent Judgment March 9, 1998. Lawyers Involved: MA Wahab, ANM Gaziul Huq, Md. Delwar Hossain and M A Wahab Miah, Advocates - For the Petitioners. MA Rouf, Assistant Attorney-General with Moharnmad Mushfiqur Rahrnan Khan Assistant Attorney–General - For the Responde......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
....sed its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except in exceptional cases where such interference is called for in the interest of justice. Learned Additional Attorney General has failed to make out such a case. We find no merit in......l cases where such interference is called for in the interest of justice. Learned Additional Attorney General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......The State..................................Petitioner Vs. Md. Ariful Islam @ Arif.................Respondent Judgment September 28, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....stration certificate, Clause 3 becomes redundant and has no force of law. He further submitted that in cancelling the registration, the respondent No. 1 has not complied with the principle of natural justice so far it relates to giving a personal hearing to the petitioners and thus the impugned orde......condition No. 3 of the registration certificate, but it appears that the Company has marketed its products namely, "Crown" and 'Hunter", without prior obtaining the required licence from the BSTI and accordingly, asked the Writ petitioners to produce the BSTI licence as required under condition No. ......J Crown Beverage Ltd. and another..........................Petitioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hoss......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)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......is statement is true and voluntary and to act upon it. Therefore, the learned Judges of the High Court Division are perfectly justified in taking the exculpatory portion of the confession is true and accordingly disbelieved it as not voluntarily made. 19. Considering the facts and circumstances o...... Judgment April 7, 2010. Cases Referred To- Balmakund Vs. Emperor, AIR 1931; Nishi Kant Jha Vs. State of Bihar, AIR 1969 SC 422. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prat......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. ....... Dag No.3123 was rightly recorded in the name of Jibonnessa in S.A. Parcha and the owner of the rest 26 decimals of land having left the country before partition and the said land was never sold and accordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection t......zur Rahman, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 1498 of 2007). Not represented- Respondent Nos. 2-17 (In Civil Petition No. 1498 of 2007). Syeda Afsar Jahan, Deputy Attorney General, instructed by Zainul Abedin, Advocate-on- Record- For Respondent Nos. 1-2 (In Civ......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.......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.......lved: Ibrahim Khalil, Advocate-on-Record- For the Petitioner Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-14. Civil Petition for Leave to Appeal No.1786 of 2009. (From the judgment and order dated 26.05.2009 passed-by the High Court......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
Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)
....ssive possession and that because of such permissive possession the plaintiffs are not entitled for declaration of title through adverse possession as prayed for, and that on the principle of natural justice and equity the plaintiffs are entitled to purchase the suit land at the price offered by the......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. ...... Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by the High Cou...... 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.......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....... Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not Represented- For Respondent Nos. 2-51. Civil Petition for Leave to Appeal No. 2217 of 2009. (From the judgment and order dated 6.8.2009 passed by the High Court ......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)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......ity or otherwise of the findings was not within the lookout in the petition filed under Order 47 of the Code. I do not like to embark upon the legality of the findings or otherwise of the same which, according to me, shall be a useless exercise so far as disposal of this appeal before me is concerne...... (Civil) Present: Amirul Kabir Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: ...... 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)
....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......or the Petitioner. Criminal Revision No. 1396 of 1992. Judgment ABM Khairul Haque J. - This Rule was issued at the instance of the petitioner calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of t......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)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Friends Corporation….…………..Petitioner Vs. Commissioner of Customs and others……. Respondents Judgment June 23, 1998. Lawyers Involved: AF Hasa......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)
.... deccretal amount and section 32 (2) of the Ain, 2003 would not apply in this case. Section 57 of the said Ain gives inherent power to the Artha Rin Adalat to pass necessary order to meet the ends of justice and therefore, the impugned order rejecting the petitioner’s application without depositio......earned Judge heard the Miscellaneous Case on maintainability and rejected the same by the impugned order dated 10.3.2010 on the ground that the petitioners did not deposit 25% of the decreetal amount according to section 32 (2) of the Artha Rin Ain, 2003 (in short “the Ain, 2003”). 3. The pet......……….....Petitioner Vs. The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur ......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: ......ry affidavit-in-opposition sworn on 10.2.2009 he stated that two more letters were sent to the petitioner requesting him to come to the Madrasah for drawing his subsistence allowance, and that he had accordingly prepared the bill and sent it to the petitioner. 9. In a subsequent additional affid......…….. Respondent-Contemner Judgment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas at different stages, committed gross contempt by his willful disobedience to an...... 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)
.... was violation of some provision of law, or that there was gross non-consideration of evidence on record, or that there was patent error of law resulted in an error in decision occasioning failure of justice, this Court will not interfere into the concurrent findings of facts in exercise of revision......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......awyers Involved: No one appears for either of the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-appellant, was issued to examine the legality of judgment and decree dated 28.6.1988 passed by the Sub-ordinate Judge (now...... 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
Suruzzaman and others Vs. Abed Ali and others, 2010, 39 CLC (HCD)
.... no latches and negligence on their part in pursuing the litigation. They have a very good case on merit, considering which the Hon’ble Court may be pleased to condone the delay to meet the ends of justice. 4. It appears from the record that Mr. Md. Najmul Huda, the learned Advocate filed a vak...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......s filed application for certified copy of the same on 25.9.2010 and got it delivered on 9.10.2005. Petitioner No.1, Suruzzaman was taking care of the case, who suffered from paralysis since 29.9.2005 to 2.2.2007. After recovery from paralysis, he came to Dhaka on 3.2.2007 and engaged Mr. Bhabesh Cha...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 92
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......tioner. Ali Mostafa Khan with Ms. Nahid Sultana, Advocates - for the Respondent. Writ Petition No. 3002 of 2010 Judgment Md. Ruhul Quddus, J.- This Rule, at the instance of a judgment debtor in a money decree, was issued calling in question order dated 5.4.2010 passed by Artha Rin Adala....... 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)
....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......ending 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 learned Advocates, are also vague thereby deprived the detenu of making effective r......erred To- Habiba Mahmud Vs. Bangladesh & others, 45 DLR (AD) 89. Lawyers Involved: Shafique Ahmed with Nitai Roy Chowdhury, Advocates‑For the Petitioner. Ahasan Mahbub, Assistant Attorney‑General‑For the Respondents. Writ Petition No. 871 of 2003. Judgment Amirul Kabi......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
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218....... were examined under section 342 of the Code of Criminal Procedure and both of them claimed to be not guilty. 15. Upon the aforesaid evidence, the learned Judge found the appellant only guilty and accordingly, convicted and sentenced him as stated herein before and co-accused Md. Nawsher Ali not ......To- Nannu Miah Vs. State, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-General with Saifuddin Md. Aminur Rahim, Assistant Attorney-General-For the state. Crimina......Phensidyl for chemical analysis. They arrested the appellant Badal Kumar Paul but co-accused Nowsher Ali managed to flee away. Then, he lodged a first information report under aforesaid provisions of law. 6. PW 2 ASI Abdul Hannan, PW 3 constable Mohiuddin and PW 7 constable Harun-or-Rashid corrob..Category: Criminal Law | Date: | Hits: 90
....legation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protection from arbitrary and discriminatory action.
13. All the rule......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563.......as (Bobby) and three others……………..Petitioners
Vs.
Bangladesh University of Engineering and Technology and others…………Respondents
Judgment
July 29, 1999.
Cases Referred to-
Masum Iqbal vs. BUET 49 DLR 104; Board of Intermediate and Secondary Education vs. Rumana Ahm...... any opportunity to cross-examine any witness or to rebut any allegation or to produce any witness or evidence in his support and, as such, finding him guilty and imposing penalty upon him is without lawful authority and in gross violation of principle of natural justice and due process and protecti..
Category: Others | Date: | Hits: 116
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......he Respondents. Writ Petition No. 1700 of 1990. Judgment Md. Ruhul Amin J. - Petitioner has obtained this Rule under Article 102 (2) (a) (ii) of the Constitution calling upon the respondents to show cause as to why the judgment and order dated 27-5-1990 made by the Commissioner of Taxes Dha...... Memo No. Revision-4189-90/7550-7552 dated 6-6-1990 (Annexure-C to the petition) of the office of the Commissioner of Taxes Dhaka (East) Zone. Dhaka should not be declared to have been passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of T..Category: Fiscal/Taxation Law | Date: | Hits: 77
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