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Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......by the learned Munsif and the order dated 21.1.86 passed by the learned District Judge are hereby set aside and the order dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40......; others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 34......rtificate produced by the plaintiff on 13.9.84 in support of his illness. He argued that they arrived at this decision by misreading or non-reading of the medical certificate which is an error of law. 7. Mr. Abdul Kuddus Miah, the learned Advocate appearing on behalf of the opposite party s..Category: Procedural Law | Date: | Hits: 95
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......y the Government directing his detention for three months. The grounds of detention were served on 9.3.87. According to the detention order the detention was made in the interest of public safety but according to the grounds served, the detention was made on the ground of non-payment of the loan due......J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddi......Besides that, for the non-payment of the loan specific misc. case as well as criminal case were brought and for that reason also the detention under the Special Powers Act can not be sustained in law. Further there was no order for detention after expiry of the previous extended term which exp..
Category: Banking Law | Date: | Hits: 151
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ...... Rattan & Others..............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar S...... on 7.10.78 at 6.15 P.M. at Barman P.S. The informant further said that he identified three dacoits at the T.I. Parade and his daughters P.W. 2 Rawshan Ara Begum, P.W. 3 Rasheda and his daughter-in-law Farida also identified dacoits at the T.I. Parade. The informant and his two daughters also id..Category: Criminal Law | Date: | Hits: 49
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....sly. The letter writer did not describe himself either as an Advocate or as a litigant or as a writer or scholar in law. He was a non-descript person venturing into the field of administration of justice. The contemner Nos. 2-4 ought to realise that even though it has become an unfortunate pract......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......J State.....................Petitioner Vs. MA Monir & Others..........Contemner Opposite Parties Judgment August 26, 1987. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General - For the State. Mozammel Haque Bhuiyan and AMM Rahim- For the Contemner Nos. 2-4....... 5 of the 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the reputation of the entire judicial system in the estimation of..Category: Criminal Law | Date: | Hits: 35
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....necessary, because Article 104 of the Constitution provides that "the Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the a......Notary Public or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country." The certified copy of the death certificate does n......afa Kamal J Md. Mozammel Haque J Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, wi......of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country." The certified copy of the death certificate does not answer any of ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....ent Court in a declaratory Suit of this nature as to the legality or illegality of the same which the Courts below have failed to exercise by taking a wrong view of the law occasioning a failure of justice which need be cured in exercise of the power under this Court's Revisional jurisdiction. ......n remand to the trial Court with this observation as herein above, for trial and to dispose of the matter after hearing the parties, within a month of the receipt of this order. 23. This Rule is accordingly made absolute. The judgment and decree of the Courts below are set aside and the case is......Ali & others..........................Petitioners Vs. Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216;....... 7. Mr. Miah Abdul Gafur, the learned Advocate appearing in support of the Rule having taken me through the judgments of the courts below and the records had submitted that it has always been the law that even if there is a bar in law in hearing a matter the court would have power always to exam..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....er liable for the offence of committing abetment. Non-consideration of such a vital element of law while convicting the present accused petitioner, has caused serious prejudice occasioning failure of justice and therefore the order of conviction and sentence are liable to be set aside, Accordingly...... Magistrate on consideration of the evidence, facts and circumstances of the case found that the accused Obud and the present petitioner Belal are guilty under section 324 and 324/34 respectively and accordingly he convicted and sentenced them as mentioned above. Being aggrieved and dissatisfied wit...... The State………………………………..Opposite Party Judgment June 25, 1987. Lawyers Involved: Surendra Kumar Sinha, Advocate - For the Petitioner. Fazlul Hoque, Assistant Attorney General - For the State. Criminal Revision No. 47 of 1985. Judgment Qazi Shafi Uddi......juries and he took her to Dhaka Dakshin Hospital and from there to Sylhet for medical treatment. The informant who is a school teacher at first was reluctant to lodge an FIR because going to Court of law would entail the prestige of his family and the future of his daughter. But subsequently on 15..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......ed High Powered Sachib Committee headed by the Cabinet Secretary to examine the actual requirements of the posts, to be transferred for the development projects to the revenue budget and to recommend accordingly and the present case has been sent to the said committee. 4. Mrs. Nahida Yeasmin, lea......angladesh Soya Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management, 22 BLD (2002) 379; Golam Mustafa Vs. Bangladesh, 4 LG (2007). Lawyers Involved: Mrs. Nahida Yeasmin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record- For the Petitioners. (In both the cases...... the special project of development budget and they having not obtained any legal right to be absorbed in the revenue budget, the writ petition not being maintainable the High Court Division erred in law in making the Rule absolute. The learned Deputy Attorney General further submitted that out of t..Category: Employment/Service Law | Date: | Hits: 86
....f Appeal below for proper adjudication of the matter admitted the deed of contract into additional evidence and in doing so, it had committed no error of law resulting an error occasioning failure of justice. The High Court Division considered the pros and cons of the matter and rightly affirmed the......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......, Advocate-on-Record-For the Petitioners.
Mahbub Ali, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1.
Not Represented-For Respondent No.2.
Civil Petition to Leave to Appeal No.1060 of 2009.
(From the judgment and order dated 27.10.2008 passed by the ......the judgment of the Court of Appeal below.
5. Mr. Bivash Chandra Biswas, learned Advocate-on-Record appearing for the petitioners, argued that the learned Judge of the High Court Division erred in law in affirming the judgment of the Court of Appeal below in failing to consider that since the pla..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....bout the subsequent sale by said Jabiullah Siddique inasmuch as the petitioner is in possession of the said property. The petitioner filed the writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide and discri......ircumstances, we do not find any merit in the leave petition and hold that the impugned judgment and order has been passed in accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010)......or the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition i......he writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary, mala fide and discriminatory action and is illegal, without lawful authority and of no legal effect and that the property has been sold at a shockingly low valu..Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....y forthwith, if not wanted in connection with any other case. 30. Before parting with the case, we are bound to repeat that the Judges of Higher Courts are left with no choice but to do evenhanded justice and to uphold the principle of the rule of law. All citizens are equal before the law irresp......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......d others 27 DLR 122; Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin, Advocates—For the Petitioner Obaidul Hasan Shaheen, Deputy Attorney General— For the Respondents. Writ Petition No.1481 of 2001. Judgment Md. Shamsul ...... In the cases of Habiba Mahmud vs. Bangladesh and others 45 DLR (AD) 89, Abdul Latif Mirza vs. The State 31 DLR (AD) 1, Md. Khair Ahmed vs. Bangladesh and others 40 DLR 353, Abdul Latif Mirza (now a law maker) vs. Government of Bangladesh, 31 DLR (AD) 1; Ranabir Das vs. Secretary, Ministry of Home ..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....conclusion of the Courts below that the preemptor ceased to be a co-sharer in the land in question and, as such, his application for preemption was rightly found to be not maintainable. No failure of justice has occasioned by the decision. 30. In the result, the Rule is discharged with costs....... opposite party No.1. Number of documents was produced by both the parties, which were marked as exhibits. 11. The learned Subordinate Judge found the preemptor not a co-sharer in the land and accordingly, disallowed the application. On appeal therefrom at the instance of the preemptor, the l......il with Shihabuddin Mahmood, Advocates—For the Opposite Party Nos. 1, 4 and 6. Civil Revision No.1585 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the preemptor upon making a revision application under section 115 of the Code of Civil Procedure against judg......ad section 24 of the Non-Agricultural Tenancy Act, 1949 and submits that the preemptor is still a co-sharer in the land of CS plot No.139 appertaining to CS Khatian No.2 and the Courts below erred in law in disallowing preemption on the view that the preemptor is not a co-sharer in land. Elaborating..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......condemned prisoner Banez Member. The learned Advocate for the condemned prisoner assails this confessional statement of Motiar Rahman and submits that the condemned prisoner was not properly examined according to the provisions of law. It transpires that while examining under section 342 of the Code...... 280. Lawyers Involved: TH Khan with Subrata Saha, Md Jahurul Islam- For Condemned Prisoner Nos. 1‑5. Md. Khurshid Alam Khan‑ For Condemned Prisoner No. 6. Syed Abu Kowsar, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General and Monowara Khatun, Assistant Attorney......la alias Baniz Member preferred Jail Appeal No. 2531 of 2000. This judgment will dispose of the Reference and the Appeals preferred by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑00 AM Md. Shamsu Sikde..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....2. The Revisional application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision occasioning failure of justice that the claim of the plaintiffs in the plaint is that the disputed place is a part and parc......tian No.5168 described in the schedule ‘A’ in the plaint originally belonged to Rajani Mohan Kaibarta Das, Monhar Kaibarta Das and Radhika Mohan Kaibarta Das and CS Khatian was prepared correctly accordingly. Monohar Kaibarta Das died childless, subsequently Radhika Mohan Kaibarta Das and the so......ate—For the Opposite Party Nos. 1 and 2. Civil Revision No. 1597 of 1999. Judgment Md. Abdus Salam J.- In this Civil Revision a Rule was issued calling upon the Opposite party Nos. 1 and 2 to show cause as to why the impugned order No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, le......ut hearing the plaintiff-petitioner, should not be set aside. 2. The Revisional application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision occasioning failure of justice that the claim of the plain..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......tion) Present: Nazmun Ara Sultana J Kowsar Chowdhury ……….………………….Petitioner Vs. Latifa Sultana ……………………………Opposite Parties Judgment October 28, 2001. Lawyers Involved: Mujibar Rahman, Advocate—For the Petitioner, Md. Korban......Magistrate granting a maintenance of Taka 400 per month to the daughter of the plaintiff-appellant-opposite party the present suit is not maintainable at all and that the appellate Court has erred in law is decreeing the suit of the plaintiff for maintenance. 6. I have heard the learned advocates..Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168....... in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......rnment Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income Tax Act, 1922. The assessing officer rejected the claim of exemption of tax under the said provision of law on the ground that it extends loan on a nominal service charge interest and, as such, it is inco..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......of indicative value and declaring the same arbitrarily for the purpose of assessment of the Customs duty, VAT and other charges on the consignment of the petitioner, in question. 2. The petitioner according to SRO No. 214-ATN/93/1527/Shulka dated 28-10-1993, wherein the value of the questioned Su......reme Court High Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. ......that the age old methods determining the normal price various adjectives i.e. indicative value, enhanced valuation price, recorded value, loaded value, Commissioner’s value, etc have no sanction in law and, as such, we direct the respondents not to use such attributes or any other adjective so far..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ty. In the interest of a disciplined and civilised society, wilful disobedience and disregard to court’s order should be dealt with seriously. For keeping public confidence in the administration of justice by upholding the majesty and dignity of Courts also any disregard or wilful disobedience to ......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......t: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291. Lawyers Involved: M Saleem Ullah, Advocate — For the Petitioner. Quamr......ested and non-resident property. The respondents did not prefer any appeal against any of the above judgments of the courts till date. Thus having two judgments in his favour from competent courts of law the petitioner applied to the Ministry of Housing and Public Works for formal release of the pro..Category: Property Law | Date: | Hits: 38
....ass the award at all and, as such, the learned Court below ought not to have rejected written objection and thus committed an error of law resulting in an error in the decision occasioning failure of justice.
9. In fine, the last point canvassed before us, by Mr. Mahbubey Alam is that under secti...... in the instant case falling under section 8(a) of the Arbitration Act, 1940 the award passed by the opposite party No.2 as the sole Arbitrator was illegal, void and no award in the eye of law since, according to opposite parties No. 2’s own showing in the application (plaint), he did not obtain a......ravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Cases Referred to-
Overseas Cotton Co. vs SM Fazail and Co, PLD 1958 (WP) Karachi 27; 8 BLD 369 and 49 DLR 335.
......r since rejection of written objection ipso facto cannot non-suit a defendant and forfeit a defendant’s right to cross- examine the plaintiff and his witnesses and contest the cause on questions of law. According to him, since the arbitration agreement exists between opposite party No.1 and RAJUK ..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ...... of Parliament in convening meetings of Thana Parishad co ordination committee, other than those called for disaster management. Then again, Annexures A and C speak only of member of Parliament which according to the respondents includes member of Parliament from the reserved seats also. Therefore, ......iaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- Administrator, Delta Construction Ltd Vs. Chairman, 2nd Labor Court 28 DLR 365; Ezhar Ali Mongol Vs. Goal Ras......be consulted by the Thana Nirbahi Officer for convening a Thana Parishad co ordination committee meeting and in fact the member from the reserved seats was consulted. Lastly, there is no violation of law as Annexures A and C, are only circulars creating no legal right. Therefore in the absence of in..Category: Administrative Law | Date: | Hits: 462
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