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Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....k Application No. 1 of 2001 and many other cases pending between the petitioner and the said company and effect of this order that amounts to contempt of Court inasmuch as it obstructed the course of justice. In support of his contention Mr. Samad relies on the decision reported in 15 DLR (SC) 355, ......o. 3 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued against the contemner-opposite party No. 1 to show cause as to why he shall not be committed for contempt of Court and punished accordingly for disregarding and flouting the order date 29-3-2001 passed by this Court in Trade Mar......) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... for the same cause and in that view of the matter this contempt proceeding is not maintainable. The learned Advocate for the contemner finally submits that the contemner is a public servant and is a law abiding citizen and was a Magistrate, First Class and it is beyond imagination that he would com..Category: Intellectual Property Law | Date: | Hits: 181
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
.... by the opposite parties appellant-bank in defiance of the terms of the agreement, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice. He further submits that the learned Subordinate Judge committed an error of law in the deci......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ...... Present: Md. Abdur Razzaque J Santi Bhusan Deb……………………… Petitioner Vs. Principal Officer, Samabaya Bank Ltd ……………………Opposite Party Judgment October 25, 2001. Lawyers Involved: Abdul Latif, Advocate—For the Petitioner. Abdul Baset M......rom him as he was a defaulter and the petitioner was further asked to hand over the vacant possession of the premises to them. Thereafter, in response to that notice, the petitioner-respondent sent a lawyer’s notice on 27-6-1991 and rent of 5 months on 24-7-1991, which were refused by the opposite..Category: Property Law | Date: | Hits: 34
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......t, title and possession in the land as described in the schedule ‘Ka’ of the plaint on the basis of the kabala deed No. 3935 dated 9-8-1993 and rectification deed No. 6179 dated 9-12-1993 alleged to have been executed and registered by the defendant No. 2 Mosammat Mehera Khatun in favour of the ......isional application before this Court and obtained this Rule. 7. Mr. Rokanuddin Mahmud, the learned Advocate for the petitioner submits that the learned Subordinate Judge has committed an error of law, at least, in not allowing the prayer for comparison of the LTIs of Mehera Khatun along with her..Category: Property Law | Date: | Hits: 28
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217..............Tariq, Advocate—For the Petitioner. Not represented—the Opposite Parties. Civil Revision Nos. 1127-29 of 1993. Judgment Md. Tafazzul Islam J.- In all these Rules more or less similar law points are involved and so these Rules are taken up together for hearing and disposed of by one ..Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......rt of Settlement, Dhaka and others 45 DLR 304; Bangladesh vs. Feroz Ahmed and others 1 BLC (AD) 149. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner Reba Kaniz, Assistant Attorney-General—For the Respondent. Writ Petition No. 1540 of 1988. Judgment MM Ruhul Ami......show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should not be declared to have been passed without any lawful, authority and is of no legal effect or such other or further order or orders passed as to th..Category: Property Law | Date: | Hits: 37
Kashem Vs. State, 2001, 30 CLC (HCD)
....allow countless absurdities landing us in the wonderland. We must not be oblivious of the fact that procedural laws are enacted in aid of the substantive laws and are designed to advance the cause of justice and not to obstruct it, No technicalities should, therefore, be allowed to stand in the way ......to the facts and circumstances of the case and the evidence on record and passed the impugned order of conviction and sentence on assigning cogent reasons. We find no merit in the appeal, which fails accordingly. 25. In the result, the appeal is dismissed and the impugned order of conviction and ......…Appellant Vs. State………………Respondent Judgment July 15, 2001. Lawyers Involved: Firozur Rahman Mullah, Advocate—For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha ......ll justified in convicting and sentencing the accused appellant on the basis of the evidence of only police personnel and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned Advocate further submits that in view of the fact that the prosecution has failed t..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)
.... of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......he writ petition, pending before the High Court Division. The parties may take steps for expeditious disposal of the said Writ Petition on merit, if so advised. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) ......ocal Govt. Rural Development and Co-Operatives, (LGED) Local Government Division, Dhaka and others…………..Petitioners Vs. Sarwar Kamal……………………. Respondent Judgment October 28, 2010. Lawyers Involved: Mahbubey Alam, Attorney General instructed by B. Hossain, Ad...... 3. Mr. Rokanuddin Mahmud, the learned Counsel appearing for the Writ Petitioner, submits that the Writ Petitioner is an elected Councilor and he has been performing his duties within the ambit of law. As such, being aggrieved by the impugned order dated 20.10.2010, issued by the Ministry of Loca..Category: Civil Law | Date: | Hits: 104
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
....or recovery of khas possession in the suit property, the question of wilful disobedience or violation does not arise and the same has resulted in error in the impugned decision occasioning failure of justice. The learned Advocate further submits that since there is no provision for adducing any evid...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......d. The learned Assistant Judge further found that since the petitioner has not adduced any evidence for proving wilful violation of the decree of permanent injunction, the petitioner was not entitled to any relief in the case. 6. Being aggrieved by the aforesaid impugned order, the petitioner mov......r, the petitioner moved this court and obtained the present Rule. 7. Mr. Garib Newaz, the learned Advocate appearing for the petitioner, submits that the learned Assistant Judge seriously erred in law in dismissing the petitioner’s execution case on the erroneous view that since the plaintiff p..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184....... was held on the order of Police Commissioner, Khulna Metropolitan Police. According to him, such Police officer had no authority to issue a direction for holding further investigation in a case. So, according to him, the proceedings against the present petitioner who was made accused on the basis o...... Cases Referred To- Rahamatullah Vs. State 48 DLR 158 ; Golam Mustafa Vs. State 47 DLR 563. Lawyers Involved: Md. Abdus Sobhan, Advocate—For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 1100 of 1999. Judgment Md ......-section (1)”. 5. From the above provision it is quite clear that in this provision nothing is mentioned as to under whose order further investigation may be held. When it is not provided in the law itself as to under whose order a Police officer may hold further investigation, we are of the vi..Category: Procedural Law | Date: | Hits: 65
Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)
....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......n. Sultan Bhuiyan also lodged information with the local police station that deceased Johynab Banu died by committing suicide by taking poison and un-natural Death Case No.8 dated 19-3-84 was started according to the said information of appellant No.2. On hearing the same P.W.5 Sajiran went to the h...... Vs. State…………………………………… Respondent Judgment January 4, 2000. Lawyers Involved: Amjad Hossain, Advocate—For the Appellants. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J......e of death of the deceased while the husband of the deceased (appellant No. 1) himself was found absconding without any explanation. He neither gave any information to the police nor to his mother-in-law that her daughter has died by committing suicide by taking poison or to any local people. He thu..Category: Criminal Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
....rain of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularly, i......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ...... Md. Abdul Hye J State……………………………………………….….Appellant Vs. Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 261; Tulsi Gangota Vs. E......sion of crime but the train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by societ..Category: Criminal Law | Date: | Hits: 82
Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)
....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......IR lodged by the father of the victim or in the statements of the victim of her father, the informant, recorded under section 164 of the Code of Criminal Procedure. 4. In such view of the matter, according to the learned Advocate, the order of detention is absolutely illegal which is also motiva......Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: Golam Mohammad Chowdhury, Advocate—For the Petitioner. ......ties to show cause as to why the detenu Abul Hossain Mia @ Abul Hossain Pada & Abul Pada detained in Dhaka Central Jail should not be brought before this Court to be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal w..Category: Criminal Law | Date: | Hits: 44
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
.... invoking the Courts inherent power under section 151 of the Code and the learned Subordinate Judge committed a substantial error of law resulting in an error in the decision occasioning a failure of justice in not vacating the order staying the execution proceeding. (b) provision of Order 21 rul......ers on courts but only saves their inherent power to make orders necessary for the ends of justice or to prevent abuse of the process of the court. Under the section Court can act ex debito justitiae according to equity, justice and good conscience of a cause but always in consonance with sound judi...... AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, the petitioners challenge the correctness of a decision recorded by the learned Subordinate Judge in refusing to vacate an order staying a Small Causes Court Execution Case whereupon Rule was issued calling upo......ns pressed into service on behalf of the petitioners are as follows: (a) The order staying the proceeding of the Execution Case having been rested upon a total misconception and misapprehension of law and fact, the said order can be easily vacated by invoking the Courts inherent power under secti..Category: Civil Law | Date: | Hits: 66
....in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......espect of the Assessment made by the Deputy Commissioner of Taxes.
2. The DCT in assessing the income tax of the applicant disallowed certain expenses in the profit and loss account and added them to the profit disclosed. The Deputy Commissioner of Taxes disallowed Taka 2,04,750.00 in the Survey ......Taxes and the subsequent modification of the said order by the Appellate Joint Commissioner of Taxes and affirmation of the said appellate order by the Taxes Appellate Tribunal cannot be sustained in law in view of the fact that in passing the assessment order the Deputy Commissioner of Taxes relied..
Category: Fiscal/Taxation Law | Date: | Hits: 65
.... appointment of temporary Nikah Registrar for No. 4 Bakai Union along with other areas.
3. Being aggrieved by the aforesaid notice the petitioner served a legal notice to the respondents demanding justice by way of rescinding the decision of the aforesaid impugned notice by Annexures ‘A’ and ......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......DLR (AD) 82.
Lawyers Involved:
Abdur Razzak, Advocate—For the Petitioner.
Abdul Baset Majumder with Md Momtazuddin Fakir Advocates—For the addition of Party.
Sufia Khatun, Assistant Attorney-General—For the Respondents.
Writ Petition No. 2371 of 1995.
Judgment
Md. Abdul A......ts to show cause as to why the Impugned Memo dated 13-4-95 Annexure ‘A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation o..
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......10th Kartick, 1344 BS. Neither party has entertained any doubt as to the validity of the hukumnama by which the suit land has been transferred. Admittedly, Firoz and Abu Sufian were full brothers and according to the plaintiff the suit land was settled in the name of Firoz alone and since Firoz and ......1-1998 and 11-2-1998 respectively passed by the Senior Assistant Judge, Narshingdi in Title Suit No. 64 of 1996. 2. Jagadish Chandra and Ramesh Chandra gave a permanent settlement of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu S......by defendant-appellant-petitioners and obtained present Rule. 5. Mr. Abdul Wadud Bhuiyan, the learned Advocate for the petitioner, has submitted that the learned Courts below committed an error of law decreeing the suit. The learned Judge has committed mistake in not finding that the suit is not ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202......./92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......ion Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references they were heard together and are being disposed of by this j..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....rror of law in reversing the judgment and decree of the trial Court without having regard to the frame of the suit and the evidences on record which is an error in the decision occasioning failure of justice. 9. Learned Advocate further submits that the appellate Court committed error of law in h......, inter alia, that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other land measuring 8.12 acres of land according to legal shares. Jamina Khatoon daughter of late Abdul Majid became owner in possession of...... Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 3054 of 1994 Judgment Md. Mamtazuddin Ahmed J.- This Rule was issued calling upon the opposite parties Nos.1 and 2 to show cause as to why the impugned Judgment and decree dated 11-7-1994 and 18-7-1994 respectively ......possessed after filing of the suit and in decreeing the suit and directing the eviction of the defendants having regard to the provision of section 55 of the Specific Relief Act committed no error of law but the appellate Court committed error of law in reversing the judgment and decree of the trial..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......ppellant intimating that due to mistake of the workers some other goods of similar nature, that is DOP, was filled up in the drum instead of finishing agent. Customs duties were paid by the appellant according to the invoice, letter of credit and other shipping documents but at the time of taking de......f credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......d in inflicting a fine of Taka 30,00,000 upon the person who imported the goods when penalty has been inflicted for making false declaration and whether the customs authority was authorised under the law to impose any penalty for violation of the provision of section 32 of the Customs Act in view of..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....re setting aside the tender of the petitioner without any prayer in Writ Petition No. 2172 of 2004 or in C.A. No. 175 of 2007 in C.P. No.290 of 2007 is erroneous and liable to be reviewed for ends of justice. 15. It appears that while disposing of the appeal this Court considered attending circum......e both the auctions and the judgment of the High Court. 16. In such view of the matter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......gment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Division in Civ...... and Memo No. RAJUK/Estate 2827 Star dated 14.08.2003 issued by the respondent No.5, Annexures-F and F-1 to the Writ Petition respectively, should not be declared to have been issued and made without lawful authority and to be of no legal effect. 4. The Rule was subsequently modified as under:- ..Category: Others | Date: | Hits: 81
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