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Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ...... in military operations against Bangladesh and is being prevented from returning to Bangladesh, such person, or his dependents, shall be deemed to continue to be resident in Bangladesh.” 15. So, according to provisions quoted above, the first group of petitioners having been in the territories ......and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Mukter Ahmed Vs. Government of Bangladesh and others, 34 DLR 29; Abdul Khaleque Vs. The Court......titioners claim that they are Urdu speaking citizen of Bangladesh, permanent residents of the Mohammadpur area residing at the Geneva camp and are fully qualified to be registered as voters under the laws of Bangladeshi. But in the electoral rolls prepared and published on 27.5.2001 by Election Comm..Category: Election Law | Date: | Hits: 94
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
....th and not being hacked to death by a chinese axe and other weapons as alleged in this case. 15. The Judges are well advised to remember this aspect of humanity when they sit on the high alter of justice. They must remember that not only the livings appearing before them but the deads are also e......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque, Assistant Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdul Ma......he learned Assistant Attorney General, assails the impugned order mainly on the ground that the learned Judges of the High Court Division did not exercise their judicial discretion in accordance with law in granting anticipatory bail in favour of the respondent No.1, in the face of the direct allega..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule is disposed of with directions. Cases Referred to- HM Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 19......h international standards. 15. Arbitrary and intrusive gender-based codes for acceptable demeanour and dress also violate the rights to privacy and to free expression protected under international law, as well as the right of women to protection from violence. These obligations of the state have ..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....examined in support of case made out by defendant-opposite parties. The order under challenge, thus, suffers from patent illegality, perversity and a flagrant error of law and by the error failure of justice has been occasioned plaintiff-petitioner. 21. Before parting I like to record an observat......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......Opposite Parties. Civil Revision No. 6285 of 1991 (Dhaka). Civil Revision No. 189 of 1987 (Comilla). Judgment AK Badrul Huq J.- The fate of this Civil Revision Petition hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of C......assed in Miscellaneous Case No. 4(A) of 1986 under Order 9, rule 13 of the Code of Civil Procedure being an appealable order under Order 43 rule 1(d) of the Code the court below committed an error of law in allowing Miscellaneous Case No.13 of 1987 under Order 9, rule 4 of the Code. (ii) The case..Category: Procedural Law | Date: | Hits: 83
....bordinate Judge evidently erred in law in allowing the amendment of the plaint for incorporating new claims for damages which are evidently barred by limitation and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge and Commercial Cour......hittagong Port on 11-1-74, and it discharged its cargo mainly by lighters upto 1-3-74. Sadat Trading Corporation, was appointed for arranging clearance of the consignment from the Chittagong Port who accordingly, arranged for the clearance but out of the total consignment of 1,70,000.00 bags of ceme......der Maqbul Huq J
Gold Topps Co. Hong Kong and others………………… Petitioner
Vs.
Trading Corporation of Bangladesh and Another…………………Opposite Party
Judgment
October 30, 2000.
Cases Referred To-
Delwar Hossain Vs. Mvi Abdul Jalil Chowdhury and others, 22......ved this Court and obtained the present Rule.
9. Mr. Shamiran Das Gupta, the learned Advocate appearing for the defendant-petitioners, submits that the learned Subordinate Judge evidently erred in law in allowing the amendment of the plaint for incorporating new claims for damages which are evide..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....s of 555 named persons from Electoral Roll and learned appellate Judge committed grave error in declaring election of the office of Chairman of Union Parishad as a whole void and by this a failure of justice has been occasioned. No authority could be placed from the side of petitioner in support of ......uiry by Deputy Commissioner through Thana Nirbahi Officer and Registration Officer and Election Commission on 24-11-1997 and 28-11-1997 issued direction for cancellation of those voters and authority accordingly, cancelled those false voters from voter list. Further stand taken was that polling of a......sional Jurisdiction) Present: AK Badrul Huq J Khandakar (Md.) Shahjahan……………Petitioner Vs. Md. Atiar Rahman Monshi & others…………Opposite Parties Judgment October 22, 2000. Cases Referred To- Muhammad Zulfikar Vs. Abul Kalam Chowdhury and others, 42 D......o wards. Election Appellate Judge directed his whole energy with respect to the exclusion of 555 persons from voter list. In this event any commission of illegalities or contravention of any rules or laws election of only those centers could be declared void without touching the result of other cent..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......y to kill Noor Mohammad, still he was silent during examination under section 342 of the Code of Criminal Procedure and he did not try to disclose anything as to how the occurrence took place thought according to his confessional statement and, evidence on record, he was the only eye-witness to the ...... Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Appellant. Syed Abu Kowser, Assistant Attorney-General with Khandaker Mahboob Alam, Assistant Attorney- General—For the State. Crim......yment of fine to suffer imprisonment for 2(two) months more, mainly on the grounds, among others, that the impugned Judgment and order of conviction dated 14-9-92 are improper, unjustified and bad in law, that the FIR described the facts and commission of murder by some unknown persons and the accus..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....es. 7. The learned Advocate on both the sides submit that instead of sending the Case back to the trial Court on remand for trial afresh for the second time, the Appellate Court in the interest of justice, ought to have decided the matters himself once and for all. As such, instead of sending the......r, contending, inter alia, that in 1971, during the war of liberation there was a talk of sale of the suit land with the defendant No.1 on 15th Sraban, 1378 BS at a consideration of Taka 6,000.00 and accordingly, the defendant No.1 on of Taka 5,500 00 executed a bainapatra on 20th Sraban, 1378 BS co......hairul Haque J Abdul Samad Gazi…………Petitioner Vs. Abdul Khalil Gazi and others.…………………. .Opposite Parties Judgment December 29, 2000. Cases Referred To- Attor Mia and another Vs. Mahmuda Khatun Chowdhury and others 43 DLR (AD) 78; Bouwang Raja Challaphroo......uted the bainaptra and handed over to the plaintiff and he accepted it. Acceptance of the said instrument by the plaintiff completed the agreement between the parties, and there was, consequently, in law, a contract in writing. The plaintiff instituted the present suit praying for registration of th..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......d, should be admitted or proved to have been written by the person to whom it was attributed and next the writing to be compared with the standard or, in other words, the disputed writing. 18. So, according to the principle enunciated in the Cases referred to hereinabove it is clear that comparis......intiff’s Case in short, is that his maternal grandmother, Niroda Sundari, had been the owner of 0.26 acre of land of plot No. 30 measuring an area of 0.80 acre of land. She gifted 0.14 acre of land to the plaintiff by the registered deed of gift dated 12-9-1970 and thereafter died, leaving behind ...... resolve the point raised in the Rule it is necessary to have a glance over sections 45 and 73 of the Act which are as follows: “45. When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....5. In the background of what has been held above. I find that the learned Subordinate Judge has committed an error of law in passing the impugned order and as a result there has been a miscarriage of justice. The defendant-petitioner being a co-sharer to the suit land has a right to safeguard her at......volved on the defendant-petitioner and the defendant- opposite party No.2 as his legal heirs defendant petitioner being the daughter and defendant-opposite party No.2 being his sister in equal shares according to Mohammadan Law. While defendant-opposite party No. 2 i.e. the sister of Akhtaruzzaman w......rt of the Subordinate Judge, 2nd Court, Dhaka with a prayer for partition on the allegations, inter alia, that one Akhtaruzzaman owned and possessed 2½ kathas of land fully described in the schedule to the plaint by virtue of registered sale deed dated 28-5-1957 from one Zehadon Khatoon. After the ......on invoking section 4 can be made at any stage before the preliminary decree. 15. In the background of what has been held above. I find that the learned Subordinate Judge has committed an error of law in passing the impugned order and as a result there has been a miscarriage of justice. The defen..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......same nature and obviously, the law does not say and mean that the suits which were filed immediately before the said amendment came in, should be transferred to the Artha Rin Adalat and will be tried accordingly. 4. So, our considered view is that, all the suits which were pending before incorpor...... is also Reported in: 53 DLR (2001) 254.......w cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be declared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been..Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... the limit of any Nikah Registrar within the permissible-limit of area without any notice, even in the case of permanent Nikah Registrar. 58. In view of the above, neither the principle of natural justice nor question of vested right arises in the way of passing an order for curtailment of the ar......tion stating, inter alia that the Rule has amended the local limit of the Nikah Registrar in a city corporation or pourashava to a maximum of 3 wards and in other areas to a maximum of 3 Unions. That accordingly under law the curtailment was made appointing the respondent No.4 as Nikah Registrar for......16, 3822, 3313 of 1998, 124 of 1999, 3965, 2515, 2925, 3423, 3823, 3312, 3214, 3326, 3622 of 1998, 4946 of 1997 & 3029 of 1998). Obaidur Rahman Mostafa with Md. Moshfiqur Rahman Khan, Deputy Attorney-Generals- For the Respondent No. 1. (In all above Writ Petitions). Writ Petition Nos. 2419......22 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts are involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo ..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234....... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......……. Applicants Vs. Commissioner of Taxes….. Respondent Judgment May 29, 2000. Lawyers Involved: Khandker Faziur Quadir—For the Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment ...... Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and law are involved in these two reference applications and the parties being same they are heard toget..Category: Fiscal/Taxation Law | Date: | Hits: 64
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......contended that the dispute that arose between the plaintiffs and the defendants are relating to the business or affairs of the co-operative society and such dispute shall be referred to the Registrar according to the provision of section 86 of the Ordinance but the plaintiffs without following that ......ssan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the ......ttee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option of the defendants in the managing committee is illegal void and without lawful authority, and for further declaration that the initiation of the enquiry against the plainti..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....ision having thus been protected thereunder, the same power cannot be interfered with by an ordinary legislation and that the High Court Division is not powerless to correct any error and eliminate injustice He further submits with reference to the same that the learned Sessions Judge acting under s......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......d another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq, Advocate- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Azi......aripur PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 directing the learned Magistrate to hold further inquiry as to the naraji petition filed by the informant in accordance with law an observation made in the body of the impugned judgment setting aside the order 2-12-98 passed ..Category: Criminal Law | Date: | Hits: 40
....
9. The Trial Court, after hearing the applications and on perusal of the record, was pleased to allow the applications and order to add them as defendant Nos.4 and 5 in the suit in the interest of justice by its order passed on the same date i.e. 04-01-2001 which is impugned in the subsequent Rul......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
...... Reja, 47 DLR 170; Renu Begum Vs. Kazi Liakat Ali, 50 DLR (AD) 142; Abdul Barek Vs. Serajul Islam, 20 DLR 501; Abdul Jalil Vs. Abu Baker Siddique, 35 DLR (AD) 42; Barada Sundari Paul Vs. Assistant Custodian, Enemy Property and others; 15 BLD (AD) 95 in para 23; Razia Begum Vs. Shahebzadi Anwara Begu......is subsequent Rule obtained by the plaintiff against the order of addition is taken up first for hearing, In support of the Rule; Mr. Khondakar Mahbubuddin Ahmed submits that the Trial Court erred in law in the absence of the plaintiff in allowing the prayer for addition and without giving any oppor..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ......t accused Labu Mia was absconding. 5. The charge sheet being received by the learned Magistrate it was accepted on 8-1-2000 and warrant of arrest was issued against the absconding accused Labu Mia according to the prayer made by the Investigating Officer in the aforesaid charge sheet. On 10-1-200......wdhury J Md. Abdur Razzaque J Labu Mia……………Petitioner Vs. State……………Respondent Judgment March 29, 2001. Lawyers Involved: AKM Zahirul Haque, Assistant Attorney-General- For the Petitioner. Not represented- the respondent. Criminal Miscellaneous Ca......on Report with Nilphamari police station against 8 (Eight) accused persons specifically mentioned therein stating, inter alia, that on 20-10-2000 at about 12 noon the accused formed themselves into unlawful assembly and assaulted the informant and other witnesses and also took away Taka 1200.00 from..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....dently erred in law going beyond the decree by exempting 60% of the interest on the principal amount and by granting instilments much beyond the prescribed time and the same has occasioned failure of justice. 6. No one appears to oppose the Rule. 7. The learned Advocate appearing for the petit......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......f the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,......older plaintiff bank moved this court and obtained the present Rule. 5. Mr. MA Tariq, the learned Advocate appearing for the petitioner, submits that the learned execution court evidently erred in law going beyond the decree by exempting 60% of the interest on the principal amount and by granting..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
.... Act. In the instant Case the impugned judgment and order as it appears does not suffer from any infirmity and therefore calls for no interference by this Court. Besides, there has been no failure of justice because of the impugned order, 13. Mr Samad lastly, submits that the appellate Court ough......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......ty No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assistant Judge and ultimately to the Third Court of Senior Assista......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ...... of 1985 and from a perusal of the same it 2(45) of the Ordinance. There is an inclusive definition of “perquisite” but perquisite as such has assessee not been defined in the Ordinance. However, according to the Oxford English Dictionary perquisite means casual profit additional to normal reven......nt and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......pplicant. Md. Abdur Rahim Bhuiyan, Assistant Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard..Category: Fiscal/Taxation Law | Date: | Hits: 82
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