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Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......ct involved in adjudication of the suit and recorded the impugned order by applying his judicial mind. The said order does not appear to have suffered from any patent illegality and flagrant error of law warranting any interference by this court in the exercise of Revisional authority under section ..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....n is not filed according to law i.e. aforesaid two Articles, it is liable to be dismissed under Article 58(a) of the People's Order 1972. He further submits that the Articles 50 & 51 is the mandatory provision for election petition and if above Article is violated, the Election Tribunal shall dismis......prayers in the Election Petition but according to Article 51(2), the petitioner can claim any of the relief stated in aforesaid Article. So the election petition of the petitioner is not according to law and the said his petition and it is liable to be dismissed according to Article 58(a) of the Peo..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......Kabir has taken 3 (three) points before me. Firstly, he submits that there being no prescribed time limit for filing and deciding the partition suit the learned Assistant Judge, committed an error of law in rejecting the prayer for amendment under Order VI rule 17 of the Code of Civil Procedure inas..Category: Property Law | Date: | Hits: 34
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......n in this Court and obtained the present Rule. 10. Mr. Md. Nazibar Rahman, the learned Advocate appearing on behalf of the petitioner, submits that the learned District Judge committed an error of law resulting in an error in his decision occasioning failure of justice in not properly adverting t..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....n the discretion of the Arbitrator and the Tribunal appear to be fair and equitable. 8. As against the aforesaid submissions, the learned Deputy Attorney-General, has submitted that in view of the provision of clause (2) of Article 42 of the Constitution petitioner’s application under Article 1......he Arbitrator and the Tribunal to act independently and to exercise their discretion freely have been denied. It has also been contended that petitioners’ guaranteed right of enjoying protection of law and to get proper compensation in respect of land acquired and that to seek redress as against t..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....Farooqui, the learned Counsel appearing for the petitioner, has first1y submitted that the impugned notices have been manifestly issued without lawful authority inasmuch as the combined effect of the provisions of sections 94, 155 and 156 of the Code of Criminal Procedure is that the police cannot d......lding No. 21 Motijheel Commercial Area, Dhaka. The Rule Nisi was issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the ..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......hat regard being had to the fact that the prosecution proved its case by most consistent and overwhelming evidence and the learned trial Court relied on it, the learned Court of appeal below erred in law in acquitting the accused persons on mere hypothetical considerations, totally ignoring the evid..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......and only. 11. Defendant No. 1 opposed the plaintiffs case by filing a written statement. 12. His case, in brief, is that, the suit was barred by limitation. The contract became unenforceable in law after 31‑3‑1986. The suit was also bad for mis-joinder and non‑joinder of parties and caus..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......00 when accused appellant brought her back to Dhaka and the police arrested them. This witness has stated in cross-examination that the accused appellant Shahid is her maternal uncle being brother-in-law of her uncle and he is known to her from before. This witness has stated in cross-examination th..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....f the Ain and that there is chance of different kinds of mode of trial of the case in view of sections 5 and 6 of the Ain in violation of Articles 27 and 31 of the Constitution and that the aforesaid provisions of the Ain conferred unbridled and arbitrary power to the Government to transfer any case...... of 2003 from the First Court of Additional Sessions Judge, Noakhali to Druta Bichar Tribunal, Chittagong. 2. In Writ Petition No. 6047 of 2003 the petitioner challenged the vires of the aforesaid law, in particular sections 5 and 6 thereof, and also challenging the aforesaid SRO transferring Dou..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....tiff in proof of negotiation of the concerned letter of credit were not disproved or denied by the DW 1. He found that the documents were sent to the defendant on 19‑5‑1986 but since there was no provision in the letter of credit as to when the documents were to be sent to the defendant, he held...... was caught in distress on 18th March, 1986, as such, they prayed for dismissal of the suit. The learned Judge framed the following issues: 1. Is the suit maintainable? 2. Is the suit barred by law of limitation? 3. Is the plaintiff entitled to the decree as prayed for? 4. Is the plainti..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
.... to arrive at his findings and conclusion. He even failed to discuss the evidence of the expert, that is, the doctors, and the judgment written by the learned Magistrate is not in conformity with the provision of section 367 of the Code of Criminal Procedure and, as such, no judgment in the eye of t...... interest of 0.6 decimals of paddy land under Nilphamari Bazar Khatian No. old 152, present 96, plot No. 2376 and that on 30‑10‑1996 at about 7‑00/7‑30 AM the accused petitioners forming an unlawful assembly and armed with deadly weapons trespassed into the said paddy land, cutting away ripe..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... It thus gives wide powers to the Court to examine any witness as a Court witness at any stage of the case but this discretion has to be exercised with caution and circumspection, consistent with the provisions of the Code and the principles of criminal justice. It is only for the purpose of just de......ese powers to advance the cause of the prosecution or that of the defence and whenever it passes an order that puts one part in a position of advantage vis‑a‑vis the other, it commits an error of law to be struck down, in revision by the superior Court. In no circumstances, the Court should aban..Category: Criminal Law | Date: | Hits: 37
....factory. It is Ferdous‑Ara Khanam who, for her own interest has been continuously pursuing her neighbours against the petitioner's factory. Since the impugned order was not passed Linder any of the provisions of Bangladesh Paribesh Sangrakhan Ain, 1995 the question of preferring appeal under secti......nt No. 3 directing the petitioner to stop the manufacturing of Muri (puffed rice) and to transfer the factory to any other vacant place (Annexure E) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....s authority was obliged to levy customs duties on the auction price and not on the basis of the Tariff Value. Dr. Zahir also submits that the respondents by making assessment of the ship violated the provisions of section 27 of the Customs Act inasmuch as they have not taken into consideration the e...... well as on some other components of the vessel as evidenced by Annexure D(1). The learned Advocate further submits that making the demand pursuant to Annexure D(1) is also illegal and not tenable in law. Dr. Zahir further submits that as per SRO No. 173/Ain/97/1723/ Custom, dated 8‑7-1997 the r..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
.... the charge thereunder. The appellant be set at liberty, if not wanted in any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 7. ...... of the goods. But the Police did not arrest Mohadeb. Even according to the evidence of PW 8 Investigation Officer who stated in his cross-examination that he did not try to find out Mohadeb. Learned lawyer of the appellant further urges that no such evidence was ever led by the prosecution leading ..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
.... self same averments i.e. suppression and non service of summons has rightly been held by the courts below barred by res judicata and consequent thereupon has quite legally rejected the plaint as per provision of Order 7 rule 11(d) of the Code of Civil Procedure. 6. On perusal of the material por......ইতে পারে তাহা পাওয়ার ডিক্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground of res judicata in that facts and matters upon which Other..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....e plaintiff from service by order dated 12-9-89. The learned District Judges clearly found that the plaintiff was dismissed from service by the impugned order dated 12-7-89 without complying with the provision of Clause 12 of the Ordinance. 10. The learned Advocate appearing for the petitioner ha...... School. 3. Defendant No. 4 contested the suit by filing written statements denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law and the plaintiff has no cause of action. It was also alleged that the plaintiff indulged in var..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....At the hearing Mr Khurshed Alam Khan, the learned Advocate for the petitioner, submits that there has been no mention in the judgment of both the courts below about proper observance of the mandatory provisions of section 342 Cr.P.C. He contends that one 342 Cr.PC statement of the accused is found l......d at the trial to support the allegation. He contends that the charge under section 4 of Dowry Prohibition Act, 1980 was not brought home at all and, as such, order of conviction and can not stand in law. Both the courts below committed error in its respective decision occasioning gross failure of j..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... audited by chartered accountant accompanied by a certificate of correctness in prescribed form the same should be taken to be as correct and should be accepted and in the present case following this provision of law the Deputy Commissioner of Taxes had accepted the disputed returns. Once returns ar......ure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall not be declared to have been made without any lawful authority and of no legal effect. 3. Facts relevant for disposal of the Rule are, that the..Category: Fiscal/Taxation Law | Date: | Hits: 132
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