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Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
.... 2 could not understand the contents of the same and, as such, 1.88 acres of land has been left out and, as such, the plaintiff No. 2 has sustained a substantial loss and injury and thus, for ends of justice he may kindly be allowed a separate decree for 1.88 acres of land in addition to 0.87 acres ...... loss and injury and thus, for ends of justice he may kindly be allowed a separate decree for 1.88 acres of land in addition to 0.87 acres of land already given to him. 4. The plaintiff-petitioner accordingly, prayed for amendment of the plaint under Order VI rule 17 of the Code of Civil Procedur......udgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the r......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
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....9 BLD (AD) 20=51 DLR (AD) 159 and the Appellate Division took the view that High Court Division has inherent power to pass necessary order to prevent abuse of the process of the court and for ends of justice under provisions of section 561A of the Code of Criminal Procedure. This is quite natural th...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......s. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropoli...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....ibar 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 to the trial Courts finding regarding prima facie and arguable cas......whom there was a rent decree in Rent Suit No. 889 of 1942. Md. Mahbub Hossain Prodhan purchased the suit land along with other land in auction on 11-12-1942 in Rent Execution Case No.1955 of 1942 and accordingly, got delivery of possession through Court on 5-5-1943. Said Mahbub Hossain being the own......dinate Judge, 2nd Court, Panchagarh, in Other Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff in......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)
....uisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59 acres in mouza Barui......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ...... Surendra Kumar Sinha J Shahjahan Ali Khan (Md) and others……………Petitioners Vs. Government of Bangladesh and others..................................Respondents Judgment October 26, 1999. Cases Referred To- Province of East Pakistan and others Vs. Sirajul Hoque Patw......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)
....man or the persons claiming under him as his heirs. Since the petitioner was not given vacant possession by the said Shamsur Rahman property of Jaleel Brothers the respondent No. 7 issued a demand of justice notice demanding vacant possession by evicting the persons therefrom and for which the petit......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......ecember 3, 2000. Case Referred To- Durga Das vs Emperor, AIR 1943 Lahore 28. Lawyers Involved: MI Farooqui with Ruhul Quddus, Advocates—For the Petitioner. Hasan Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7......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)
....ntly wrong in acquitting the accused persons on illegal and irrelevant considerations without discussing and considering any evidence adduced by the prosecution and the same has occasioned failure of justice. The learned Advocate further submits that as the final Court of fact the learned Additional......ars that the learned trial Court on consideration of the evidence on record was satisfied that the guilt of the accused persons was proved beyond reasonable doubt and he convicted the accused persons accordingly, of course, the judgment of the trial Court lacks in certain essential findings in respe......n and sentence passed by the Magistrate of the Second Class, Manikganj in CB Case 54 of 1998 convicting the accused opposite parties under section 379 of the Penal Code and sentencing them thereunder to suffer RI for one month and to pay a fine of Taka 500.00 in default, to suffer RI for a further p......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. ......icle 113 of the Limitation Act and the contract was not subsisting at the date of institution of the suit. Learned Subordinate Judge therefore, fell in serious error in decreeing the suit. The appeal accordingly, succeeds. 70. In the result, the appeal is allowed with cost. Impugned judgment and ......a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 Md. Seraj-ud‑Dowla instituted Title Suit No. 176 of 1991 in the 2nd Court of Subordinate Judge at Dhaka, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specif......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.......ter the close of the prosecution evidence the accused appellant was examined under section 342 of the Code of Criminal Procedure when he again pleaded his innocence and desired to adduce evidence and accordingly, examined DW 1 Shirin Akhtar. 5. The defence case, as it transpires from the examinat......d. Joynul Abedin J Mir Hashmat Ali J Shahidul Islam (Md) alias HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the......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)
.... a statute, if any, in favour of the accused in the matter of holding his trial. Taking into consideration of the above provision of law and the facts and circumstance we are of the view that ends of justice would be met if the respondents are given a direction in the matter and accordingly, we dire......he Code of Criminal Procedure, and also under section 9(2) the Procedure of Summary Trial under Chapter XXII of the Code has been made applicable thereby depriving the accused of getting a fair trial according to the general provision of the Code of Criminal Procedure which were available to him if ......omar Kundu, Advocates-For the Petitioner (In Writ Petition No. 5951 of 2003). Md. Saifuddin Khaled, Advocate-For the Petitioner (In Writ Petition No. 6047 of 2003). Adilur Rahman Khan, Deputy Attorney‑General with Razik‑Al‑Jalil, Assistant Attorney-General-For the Respondents (In both th...... 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)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......ere not bound to pay the money on the letter of credit because in delaying to send the documents, the terms and conditions of the letter of credit were not fulfilled. This witness further stated that according to Article 46 of the UCP the documents have to be forwarded before the expiry date for pre......ue J KM Khaled J National Bank Ltd. and others.....................Appellants. Vs. Habib Bank Ltd. and others..............Respondents Judgment February 18, 2002. Cases referred to- Bankers Trust Co. vs. State Bank of Indict (1991) 2 Lloyd's Report 443; Hing Yip Hing Fat Co....... 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)
.... be necessary and desirable". 14. In the case of Kashem vs. State, 40 DLR (AD) 294 their Lordships observed that "with the change of time and circumstances attending the administration of criminal justice, time has come and experience also demand that the High Court Division (Revisional Court) wi......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ...... Gour Gopal Saha J Abdus Salam Mamun J Abul Hossain and others……………..Petitioners Vs. State and another……..Opposite Parties Judgment July 16, 2003. Cases Referred to- Mosleuddin (Md) vs. State, 42 DLR (AD) 160; Kashem vs. State 40 DLR (AD) 294; Abdus Salam vs....... 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)
.... 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 decision of a case that the Court can have resort to sec...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......ellate Jurisdiction) Present: Gour Gopal Saha J Zubayer Rahman Chowdhury J Shahinur Alam @ Shahin ..................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul Islam @ Montu vs. State, PLD 1975 Lahore 1431. Law......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
....petitioner reiterating the facts as stated in the writ petition and stating further that since the respondents acted illegally, mala fide and in an arbitrary manner violating the principle of natural justice the instant writ petition is very much maintainable within the meaning of Article 102 of the...... through Mr. Md. Amirul Islam Khan, Inspector, Directorate of Environment who on inspection of the factory within the knowledge of the petitioner found the allegation made by the inhabitants true and accordingly, submitted report to that effect. Respondent No. 2 having found that the factory in ques......u Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of Environment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul......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)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......case the petitioners submitted that the scrap vessel LDT is the total weight of the vessel including the belongings and is inclusive of generator and the other items mentioned in Annexure 'D'(1) but, according to the respondents, a vessel is usually built with some constituent materials in the docky......Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: D...... 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. ......Mohadeb. 10. Mr. Moula further submits that the appellant was a carrier only. It was carried by him for one Mohadeb who was the real owner 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 ......…………………………………...Respondent Judgment November 17, 2002. Lawyers Involved: Basheratul Moula, Advocate‑For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal A...... 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)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......its 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 Suit No.14 of 1988 has been filed being not the same or similar to the facts and matter upon which Miscellaneous Case under Order 9 rule 13 CPC was filed for settin......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)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......science teacher of the school was zealous of the professional success of the plaintiff and was harbouring grudge against him and for the vindication he brought false allegations against the plaintiff to the effect that he had given higher marks to some of his favourite students and thereafter served...... 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)
....ibition 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 justice. Impugned order of conviction must be set aside and the convict should be acquitted and set ......appearing for the State respondent submits that 342 Cr.P.C. statement was not properly recorded as evident from the record and for that case may be sent to the trial Court for recording the statement according to law. He also admits that P.W.1 is the sole witness of occurrence not corroborated by ot......4 DLR (FC) 53; Aminul Haque Vs. Crown 3 DLR (FC) 58; Nurul Islam Vs. State 18 BLD 695 (14-20). Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Shoeb Ahmed, Assistant Attorney-General—For the State. Criminal Revision No.63 of 1999. (From judgment and order date......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)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......its books of account for the tax assessment year 1989-90 as was done in earlier years. The petitioner submitted tax return along with its profit and loss account as required to be filed in Bangladesh according to banking rules and in the said profit and loss account the expenditure incurred by Head ...... July 31, 2001. Lawyers involved: Dr. M Zahir with Md. Firoz Shah with AHM Mizanur Rahman and Afreen Mohiuddin, Advocates—for the Petitioner Syed Abu Kowser Md. Dabirush-Shun, Deputy Attorney-General—for the Respondents. Writ Petition No. 2285 of 1998 Judgment Md. Monsurul......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
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
......
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Referred to-
Talekhal Progressive Fishermen’s Co-operative Society Ltd. vs. Bangladesh, 1981 BLD (AD) 10......2(……..)/1628. dated 23-9-1997, Annexure “D” to the writ petition and the letter dated 14-8-2000, Annexure “D 1” to the writ petition should not be declared to have been passed without any lawful authority and of no legal effect, The Rule was also in terms as to “why the respondents sho..
Category: Fiscal/Taxation Law | Date: | Hits: 108
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