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Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......on of the High Court Division to the effect that "remanding the suit to the lower appellate Court to file an application for partition, if any, or to dispose of the same in accordance with law" would accordingly be beyond the scope of suit for specific performÂance of contract and the same would ch......e case, in short, are that Sharat Chandra Das, Subash Chandra Das and Satish Chandra Das were the owners of the .0606 acres of land which is the disputed land and that the said land was transÂferred to Gopal Chandra Barman and Norendra Chandra Barman. Gopal Chandra Barman built up 2 shops in 0100 a......udgment in the light of discusÂsion made in the body of the judgment and to allow the appellant to file an application for partition, if any, and thereafter to dispose of the case in accordance with law. 4. Leave was granted to consider the submissions of the learned Advocate-on-Record for the a..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
....stified in sending the case to the Court of the District Judge for its disposal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115 (1......asioning failure of justice so as to justify interference by this Court exercising revisional power under section 115 (1) of the Code of Civil Procedure. We find no merit in the Rule, which must fail accordingly. In the result, the Rule is discharged without any order as to costs. The order of st......s Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case Referred To- Bangladesh Shilpa Rin Sangstha Vs. Fashion Wear Ltd., 1998 ......ounsel appearing for opposite party Bangladesh Shilpa Rin Sangstha, support, the impugned order and contends, inter alia, that the learned Subordinate Judge and Artha Rin Adalat committed no error of law in passing the impugned order. 6. We have carefully gone thorough the impugned order and othe..Category: Civil Law | Date: | Hits: 79
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
..... The transferred land therefore still belongs to the waqf. The concurrent decree of the Court of appeal below cannot therefore be sustained in law. It has no doubt resulted in serious miscarriage of justice. 39. In the result, the Rule is made absolute. The defendants will give costs throughout......im Personal Law. 18. In Indian subcontinent, however, time to time legislation was made to register the waqfs and regulate their administration and management. The institution of Administrator was accordingly, introduced for regulation of the works of the mutawallis and for administration and man...... 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 transferring 15 decimals out of the suit land to defendant No. 1 is collusive, fraudulent, without consideration and void. The plaint case, in sho......qif and then, as the present mutawalli instituted the suit to rescue the waqf property from illegal alienation, which he was grab the waqf properties in fraud of the waqf and entitled to do under the law. The Court of appeal below was therefore wrong to affirm the conclusion of the trial Court that ..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528........ State 10 BLC 209; Sohel Rana (Md.) vs. State 57 DLR 591; 1990 Criminal Law Journal (Calcutta) 650. Lawyers involved: ABM Waliur Rahman Khan—For the Appellant. Farida Yeasmin, Assistant Attorney-General with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Cri......asked her not to say the same to others. In cross-examination, she has stated that she informed her parents after one year of the marriage. After 9 months while she stated to the father and mother in law they asked her to show the Kabinnama and so that they could ascertain, otherwise they would not ..Category: Criminal Law | Date: | Hits: 44
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......ng paid trading VAT were not required to pay advance VAT at the time of import of said goods. In the result, the Rules are made absolute without any order as to cost. The concerned Commissioner is accordingly, directed to return the bank guarantees received in the above Writ Petitions to the resp......€¦â€¦â€¦Respondents Judgment August 15, 2007. Lawyers involved: Mahmudul Islam with Mizanul Haque Chowdhury and Md Hasan Rajib Prodhan, Advocates—For the Petitioners. M Fida Kamal, Attorney General with Nahid Mahtab, Deputy Attorney-General—For the Respondents. Writ Petition No......o get proportionate return of said VAT on proof of payment of VAT as determined by the VAT authorities at the trading or supply stage against the bill of entry of the goods cleared in accordance with law. 15. We have perused the records. As the questions raised in the writ petitions are the ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....not directing an enquiry to ascertain as to whether the accused are children below 16 years of age as contemplated in section 2(f) of the Children Act, 1974 and the same has occasioned miscarriage of justice. Mr. Alam further submits that accused Mr. Rahamatullah submitted his school certificate whi......found below 16 at the time of framing of charge. It is further held that if he is found to be 16 years of age, the trial Court will proceed with Special Tribunal Case No. 12 of 1993 and dispose of it accordingly." 22. In the light of the above discussion and law and decisions bearing with th......r 45 DLR 643; Arun Karmaker vs State 2002 BLD (AD) 76 = 7 BLC (AD) 61. Lawyers involved: Md. Shamsul Alam with Shamim Ahmed, Advocates— For the Appellants. ABM Waliur Rahman Khan, Deputy Attorney-General with Shamim Ara Dora, Assistant Attorney-General—For the State. Criminal Appeal ......t appellants before the comÂmencement of trial filed an application on 27-10Â2004 claiming to be minors and, as such, the learned Speedy Trial Tribunal has no jurisdiction to try them under general law; that the learned Tribunal comÂmitted an error of law in not directing an enquiry to ascertain ..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....She also related the story to her father, the informant, and brother when they returned home that night. The informant then went to see the parents and guardians of the accused persons and prayed for justice as well as the return of the photographs and negatives. They, however, rebuked him in abusiv......r other injuries on her back or buttocks belies the allegation of rape. 13. The learned Advocate further pointed out that the prosecution failed to call as witness the informant's mother who, according to the evidence of other witnesses, lived in a hut on the same compound and also failed to......R (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. State of Punjab, AIR 1975 (SC) 1962; Ghulam vs. State, 1983 PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant Attorney-General—For the State. Md. A...... PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant Attorney-General—For the State. Md. Anowarul Islam, Advocate—State Defence lawyer. Abdul Malek, Senior Advocate with AM Mahbub Uddin Khokan, SM Shahjahan and Md. Ariful..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......the guilt of the appellants are not at all justified. Thus summing up his argument, the learned Counsel assertively argues that this is a fit case where the appellants should get benefit of doubt and accordingly, he prays that this appeal should be allowed. 11. Mr. Nikhilesh Dutta, the learn......auddin vs. State, 12 BLC 137 and State vs. Sree Ranjit Kumar Pramanik, 45 DLR 660 . Lawyers involved: SM Shahajan with Ariful Islam, Advocates—For the Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim Assistant Attorney-General—For the State-Respondent. Crimi...... no evidence as the prosecutrix Matiza Begum (PW 9) did not implicate any of the accused appellants in the instant case. Next, he submits that the trial Court most illegally and in total ignorance of law goverÂning the facts and circumstances of the present case convicted the accused-appellants onl..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....nvict is not subjected to suffer the same punishment already suffered in custody prior to conÂviction upon conviction as sentence of imprisonment twice over in the garb of administration of criminal justice. The provision of section 35A is not in conÂflict or inconsistent with the scheme of punish......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......ril 15, 2007. Cases Referred To- Gahena vs. State 20 DLR (WP) 271, Kamruzzaman vs. State 42 DLR (AD) 219 . Lawyers involved: Lucky Begum, Advocate—For the Appellant. Fida M Kamal, Attorney-General with Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim Assistant Attorne......igh Court Division, A division bench after hearing allowed the Jail appeal and remanded the case for fresh hearing with finding that the learned Tribunal did not specify as to under what provision of law adjustment of the sentence of imprisonment with the period in custody undergone by the Jail appe..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....uli was also made an accused who was subsequently discharged by the Tribunal at the time of framing of charge but surprisingly, she was not made a witness of the case causing a serious miscarriage of justice. The learned Counsel further contends that if she would have been examined as a witness then......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expediÂtiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......€¦â€¦â€¦â€¦â€¦. Accused-Appellant Vs. State………………………………………………..Respondent Judgment February 22, 2007. Cases Referred To- Mahmudul Islam alias Raton vs. State 53 DLR (AD) 1; Kashem vs. State 54 DLR 212; Billal Miah vs State 9 MLR 429; Mushfiqul ......he facts and circumstances of a particular case that the arms and ammunition alleged to have been recovered was kept by the accused himself. The long line of decisions are available on the point. The law is very much rigid and settled on this point. Regard may be taken of the decisions reported in B..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ....... 7 dated 14-2-1997 under sections 386/387 of the Penal Code and in course of interrogation of that case the accused-appellant admitted that there are firearms under his control and possession and according to his version and pointing out a revolver loaded with two cartridges and one dagger mea......hem vs State 50 DLR 356 and Nazrul Islam vs State 50 DLR 515 . Lawyers involved: Hasan Foez Siddique with AKM Monir-uz-zaman Kabir, Advocates—For the Appellant. Nikhilesh Dutta, Deputy Attorney-General with Md Rabiul Karim, Assistant Attorney-General—For the State. Criminal Appeal ......m. 18. PW 7 Akhtar Par is also a neighbour and a public witness. He was also declared hostile by the prosecution and cross-examined where he stated that the appellant is his brother's son-in-law. He also proved his signature in the seizure list as Exhibit 2/4. On cross-examination by the ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......07. Case Referred To- Zaminur Rahman vs Bangladesh, 31 DLR (AD) 171 . Lawyers involved: Mahmudul Islam with MA Hannan, Advocates—For the Petitioner. Salauddin Ahmed, Additional Attorney-General with Nahid Mahtab, Deputy Attorney-General, Sathika Hossain Advocate—For the Respon......of the petitioner, took us through the relevant provisions of the VAT Act and the Rules made thereunder and Articles 83 and 84 of the Constitution and also read definition of Surcharge in the Concise law Dictionary, Edition 1997, reprinted 2001, by P Ramananda Iiyar at page 822 and submitted that sa..Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......the petitioner entered into a Lease Agreement on 27Â10-1971 as a tenant of Flat No. Ja, China Building, 99 Peelkhana Road, Azimpur, Dhaka with its original owner, Mr. S Naseem Anwar (Annexure-A) and accordingly, the petitioner had been possessing the said flat and paid the rent regularly to its ori......WTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. AKM Salahuddin Khan, Assistant Attorney-General with Rubaiyat Hossain, Assistant Attorney-General—For the Respondents. Writ Peti......rate of Government Accommodation, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
.... determination is, whether the learned Additional District Judge, Sylhet committed any error of law in passing the impugned judgment and decree dated 15-4-2002 and which has occasioned any failure of justice. 16. In order to arrive at a correct decision on the contention of the learned Advocate o......he learned Counsel for the petitioners apply in full force in the present case. We, therefore, find substance in the submissions of Mr. Zafor Ali, the learned Assistant Attorney-General and these are accordingly, sustained. 33. The impugned judgment and decree passed by the learned Additional Dis......en's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Opposite Parties. Ci......l District Judge, without consiÂdering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and that the impugned judgment and decree is not tenable in law, therefore, the same is liable to be set aside. 12. Mr. Zafor Ali, cited the decisions in the..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....the instant case are not similar to those of the cases referred to above. So, the learned Assistant Judge appears to have misapplied the law, resulting in an erroneous decision occasioning failure of justice. 11. In the appeal against the aforesaid decision of the lower appellate Court relying on......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......il and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule at the instance of the pre‑emptor petitioner is directed against the impugned judgment and order dated 30‑7‑1995 passed by the......rst preference over the claim of pre-emption. But the facts in the instant case are not similar to those of the cases referred to above. So, the learned Assistant Judge appears to have misapplied the law, resulting in an erroneous decision occasioning failure of justice. 11. In the appeal against..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....it filed by the defendant-petitioner and the suit filed by the plaintiff-parties are not on same subject matter and the issues of all these suits are also not the same and, as such, no miscarriage of justice has been committed. 9. On the contrary, the case of the defendant-petitioner, in brief, i......eived by her and also agreeable to decide the question of further claims of the plaintiffs-opposite parties along with compensation by way of Arbitration as contemplated in the lease of agreement and accordingly, refused to grant injunction and dismissed the CPLA No..6 of 1996 on 10-1-96 for enablin......— For the Opposite Parties. Civil Revision No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court,......e, Dhaka on 16-6-95 seeking a declaration of their lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from their shops except through due process of law. The plaintiffs-opposite parties also filed an application under Order XXXIX rules 1 and 2 of th..Category: Civil Law | Date: | Hits: 77
.... Senior Assistant Judge or Assistant Judge from which no appeal lies; and if such Court appears to have committed any error of law resulting in an error in such decree or order occasioning failure of justice, the High Court Division may revise such decree or order and, make such order in the suit or......r passed in any proceedings like preemption proceeding, suits or proceedings of which the value exceeds four lac taka will lie to the Joint District Judge having unlimited pecuniary jurisdiction. But according to the provision of sub-section (1) of section 21, appeal from a decree or order passed by......g an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioners from the suit properties till disp......Code of Civil Procedure as amended by the Code of Civil Procedure (third amendment) Act, 2003 and in determining the revisional jurisdiction of the District Judge with reference to other provision of law namely, Civil Courts Act, 1887 as amended, the Suit Valuation Act and the provisions of the Civi..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......e same time we do make our direction to register the Sessions Case 248/2002 as the case under Nari-o-Shishu Nirjajtan Daman Ain, 2000 and issue warrant against the rest accuseds. The revision case is accordingly, disposed of." 6. It is settled principle of law that naraji is a fresh complaint. Th......pposite Party Judgment April 5, 2005. Lawyers involved: Habibul Islam Bhuiyan, Senior Advocate with Md. Aminul Haque Helal, Advocate—For the Petitioners. Helaluddin Mollah, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General—For the State-Opposite Party. Mir ......”For the Applicant. Criminal Miscellaneous Case No. 5519 of 2003. Judgment Sharifuddin Chaklader J.- This Rule calls for a simple question to answer, whether the learned Sessions Judge under law is empowered to take cognisance of the offence while disposing of a revision arisen from Naraji ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......ng reasons, the impugned order of the Taxes Appellate Tribunal cannot be sustained in law. Facts and circumstances of the case demand fresh assessment in the light of our observations. 27. We accordingly, answer the questions in the negative against the revenue department and for the respond......be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......llate Tribunal, which by impugned order dismissed the appeal giving however some solace in the form of reduction of certain disallowances. 2. In the circumstances, the following quesÂtions of law were referred to this Division for deterÂmination: (i) Whether, in the facts and on the ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....r's compliance with applicable legal requirements and to issue import permit as applied for by the petitioner. It is also stated that the impugÂned omission is violative of the principles of natural justice and also of the fundamental rights of the petitioner as guaranteed by Article 40 of the Cons......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......inal Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2...... J.- This Rule was issued calling upon the respondents to show cause as to why the impugned omission shall not be declared to be in violation of Articles 27, 31 and 40 of the Constitution and without lawful authority and as to why the respondents shall not be directed to issue import permit to the p..Category: Business or Commercial Law | Date: | Hits: 219
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