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Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....sideration was extraneous to the principles governing an interlocutory injunction. Such order of injunction therefore cannot be sustained in law, which has no doubt resulted in serious miscarriage of justice. Consequently, this appeal has got merit. 21. In the result, the appeal is allowed wit......e and an approval of a plan for construction of a commercial building thereupon. 12. Further plaintiff’s case is when said defendants purchased 23 decimals and got PS Khatian No. 426/1 recorded, accordingly. Thereafter, BS Khatian No. 188 prepared in the names of the defendants appears to compr......f temporary injunction from making any construction in schedule-I land. 3. Mr. Abdul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also ci......ul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction aga..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
.... to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law, resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the case as it thinks fit.” The section......se, the Miscellaneous case No. 18 of 1994. He filed a Counter Affidavit. He maintained that he had known of the transfer of the case land to the pre-emptee only on 14-10-1996 and not any earlier. So, according to him, the case was filed within time and not barred by limitation. He has also maintaine......or the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Revision No. 4354 of 2001. Judgment AKM Shafiuddin J. - The dispute between the parties relates to a piece of land measuring 0.02¾ acres. It will be referred to, hereinafter, as the case land. It......rocedure and obtained the instant Rule. 7. The petitioner is represented before this Court by Mr. Enayetur Rahim, the learned Advocate. He has submitted that the learned Subordinate Judge erred in law in not considering the appeal on merit. He argues that, when an appeal is properly brought befor..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ...... not be quashed. 2. The learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque......usa Alam and State……………….. Opposite Parties Judgment August 17, 2000. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Petitioner. Fazlul Hoque Chowdhury, Assistant Attorney-General — For the Opposite Parties. Criminal Miscellaneous Case No. 4958 of 1999. Ju......99 passed by the learned Magistrate taking cognizance under section 138 of the Negotiable Instruments Act, is set aside. The learned Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also R..Category: Criminal Law | Date: | Hits: 28
....settled that in proper cases the Court is entitled to take note of the subsequent events and grant relief to the parties accordingly, if so doing it can shorten litigation and best attain the ends of justice."
23. Besides, we find in the case reported in PLD 1948 (PC) 73, the Privy Council held t......ance of security deposit a Division Bench was of the view.
"It is now well-settled that in proper cases the Court is entitled to take note of the subsequent events and grant relief to the parties accordingly, if so doing it can shorten litigation and best attain the ends of justice."
23. Besi...... Division
(Civil Revisional Jurisdiction)bes
Present:
Md. Abdur Rashid J
Syed Mahmud Hossain J
Bangladesh Shipping Lines Ltd………………..Petitioner
Vs.
Commissioner of Customs, Chittagong and others.............Opposite Parties
Judgment
July 21, 2002.
Cases Ref......being of the view that proposed amendment was contrary to the nature and character of the main suit.
5. Mr. Niaz Mahmud, learned Advocate for the plaintiff, submitted that the Court below erred in law in refusing the prayer for amendment on wrong assumption that the proposed amendment will result..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......f Abu Bakkar for damaging her pulse and accused assaulted her son for the same. Her son died sitting on the verandah two days after the occurrence. Thereafter she lodged the ejahar which was recorded according to her statement and she put her LTI. In cross-examination PW 1 stated that her son went t......ons Judge Perojpur on Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15 days more 2. Prose......her PWs as to inflicting of injuries by the accused, as discussed above. The above finding of guilt of the appellants by the learned Sessions Judge is thus erroneous and wrong and not maintainable in law. The impugned judgment is thus liable to be set aside. We find merit in the appeal which must su..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......ed J Aumullaya Chandra Haldar…………………….. Petitioner Vs. Md. Mohsin Ali Mandal & others ………………Opposite Parties Judgment March 6, 2002. Case Referred to- Akhlasur Rahman and others vs. Serazuddin and others, 42 DLR (AD) 189. Lawyers Involved: ......la in question and if the consideration written in the kabala is deposited along with the statutory compensation such deposit cannot be considered to the insufficient or inadequate in accordance with law. So, the submission of the learned Advocate for the petitioner is acceptable on this point. 1..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......alat and 15 ors…….. Opposite Parties Judgment April 24, 2002. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For Opposite Parties No.1 to 4. Criminal Revision No. 1002 of 1997. Judgment Amirul Kabir Chowdhury J. - At the insta...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496....... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496....... costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......ribunal and by the impugned order the Taxes Appellate Tribunal maintained the order of the Commissioner of Taxes (Appeals). 3. The applicant in the above facts formulated the following question of law: “a) Whether in the facts and circumstances of the case, the learned Taxes Appellate Tribun..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... opportunity to controvert the allegation, the Court directed the bank authority (respondent No. 2) to realise Taka 16,000 from the writ petitioner. He further submitted that the principle of natural justice had been violated by not giving any opportunity to the writ petitioner to explain his positi...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......ssir Husain J
Syed Mahmud Hossain J
Delwar Hossain (Md.)………………….Petitioner
Vs.
Government of the People’s Republic of Bangladesh and others...Respondents
Judgment
October 25, 2001.
Cases Referred To-
HM Saya & Co. vs. Wazir Ali Industries Ltd. and Habib......2 of the Constitution is for speedy relief and is for the vigilant and not for the indolent ones like the petitioners and is to be sought immediately after the grievance is caused, it is well settled law that laches and delay disentitle one to such remedy.”
13. On the point of delay reliance ma..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......Munsurul Hoque Chowdhury J Saidur Rahman……………………Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Ra......ribunal, Dhaka for holding trial who then framed charge against the appellant under section 4(2) of Act 26 of 1957 to which the appellant pleaded not guilty and claimed to be tried in accordance with law. 3. During trial prosecution examined in all 6 witnesses in order to prove the charge and non..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....remedy, it would not bar the exercise of power under section 152 of the Code by the Court. Section 151 preserves the inherent power of the Court to make such order as may be necessary for the ends of justice. It may be noted that provisions of the Code are generally meant to have the ends of justice......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......Mahbubur Rahman (as defendant No.1) and 118 others for partition of 1.45 acre of land including the laid covered by the previous suit claiming a share of 19 gondas and odds as described in schedule-B to the plaint. The claimed to be in possession of the very same land by way of purchase from defenda......he application submitting that if the decree holder Mahbubur Rahman felt aggrieved by the order dated 22-10-2001 he could have preferred an appeal or prayed for review of the order in accordance with law. Without taking any such step, the application made under section 151 of the Code is not maintai..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......t, Ramna, Dhaka and others.......Appellants. Vs. Md. Anowar Hossain..................................Respondent Judgment July 21, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record- For the Appellants. Saheed Ala......to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal there-against has been rejected without considering the aforesaid provision of law. 3. The rule issued therein was contested by the writ-respondent No.1, Bangladesh represented..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....nd that it appears from Annexures-A and B (নথি নং সলঃ মিস-৯০/২০০৯(রীট) to the additional paper book filed on behalf of the respondent No.1 the Ministry of Law, justice Parliament Affairs (Case Division) that on discussion on the back ground of the lease and co......addressed to the Secretary, Ministry of Land opined that there is no legal bar in the execution and registration of the lease deed in reference after withdrawal of the Civil Appeals, now pending, and accordingly the said two civil appeals (namely C.A. Nos.149 and 150 of 2005) can be withdrawn. Copy ......e appeals). Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity..............Respondents (In both the appeals) Judgment August 18, 2010. Lawyers Involved: M. K. Rahman, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants (In both the appeal......ng the process of the registration of the deed of permanent lease of 1.68 acres of khas land in favour of the writ petitioner shall not be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling upon the respondents..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
.... any title upon the land of the defendant petitioner and as such, a wrong consideration as to the possession of the plaintiff over the suit land by both the Courts below caused total miscarriage of justice and also caused failure of justice. 5. It appears that the instant suit is for Specific P......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed b......intiff is liable to be dismissed. 4. Mr. Asad Hossain Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division are bad in law and fact for its total non-consideration and misreading of evidence and misinterpretation of l..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... 2010. Lawyers Involved: A.Q.M. Safiullah, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.954 of 2009. (From the judgment and order dated the 17th day of March, 2009 passed b...... denied plaintiffs claim of title as alleged in the plaint. 4. Mr. A.Q.M. Safiullah, learned Advocate, appearing for the petitioners submitted that the High Court Division has fallen into error of law in making the Rule absolute in Civil Revision Case setting aside the judgment and decree of th..Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......rently found by the Commissioner of Taxes Appeal and the Taxes Appellate Tribunal that allowing of the over draft by the bank is Apparent from the bank statement submitted by the assessee company and accordingly they found that the Deputy Commissioner of Taxes was not legally justified in adding the......bul Huq J Commissioner of Tax……….. Applicant Vs. Chowdhury Apparels (Pvt.) Ltd…….. Respondent Judgment June 27, 2001. Lawyers Involved: Sarder Jinnat Ali, Assistant Attorney-General — For the Applicant. AFM Ferojuddin Bhuiyan, Advocate — For the Respondent. ......passed by the Commissioner of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appellate Tribunal w..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....rpose of the Ordinance. 8. In the above view of the matter, we find that the learned Subordinate Judge has correctly rejected the prayer of the petitioner, which has not resulted in any failure of justice. 9. In the result, the Rule is discharged however without any order as to costs. The orde......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......ch 23, 2002. Cases Referred To- Bashirrullah Munshi vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183; Arifa Begum vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam Akhtar Chowdhury vs. Administrator of Waqf and others, 36 DLR 56. Lawyers Involved: Md. Shofiqul Islam, Advocate—For the P...... 151 of the Code to grant a restraining order of injunction or stay in respect of further proceedings of a suit pending before the Family Court. So, he submits, the learned Subordinate Judge erred in law in refusing to grant an order of injunction or stay. In support he cites the Single Bench decisi..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......n, Advocate—For the Respondent No. 31. Writ Petition No. 308 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be made directing respondent Nos. 2 and 4 to hold f......70. In other words there is no power of review. Therefore the subsequent decision of the Election Commission, if any, to accept the alleged result declared by the Presiding Officer, has no basis in law and must be struck down. 11. For all the reasons given above we hold that the petitioner has ..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....r participation in the strike that the authority had by way of punishment passed the orders which were for all intents and purposes orders of dismissal which offended against the principle of natural justice as having been passed without any show cause notice. There is no dispute that the Bank servi......laintiff Md. Shahabuddin of the other suit lies in the Labour Court presumably for the reason that the employees of the Bank fall within the definition of the "worker" under the Labour Laws. He has accordingly allowed the appeals and dismissed the suits. The instant Rules have been issued at the i......evisional Jurisdiction) Present: DM Ansaruddin Ahmed J Md. Shahabuddin...................................Petitioner Vs. The Janata Bank, Bangladesh represented by the Managing Director & others...........Opposite Parties Judgment November 30, 1988. Cases Referred to- ......evision Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferred by petitio..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... the petitioner was prevented by sufficient cause from appearing before the court at the time of hearing of the Misc. Case No. 342 of 1980 and thereby committed an error of law occasioning failure of justice. Mr. Amirul Kabir Chowdhury the learned Advocate appearing on behalf of the opposite parties...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... Rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte order dated 10.4.1982 allowing the Miscellaneous case No. 342 of 1980 stating, inter alia, that the pre-emptor-opposite parties Nos. 1 to 3 in collusion with the process server suppressed the summons of the ......of the land under pre-emption through court. 3. Mr. Abdul Momen Chowdhury in support of this Rule vehemently urges before me that there was no service of summons on the petitioner in the eye of law and the learned Court below was wrong in dismissing the Misc. Case No. 81 of 1983. He further ..Category: Property Law | Date: | Hits: 29
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