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Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....forum and power contained in the Family Court Ordinance, 1985 may profitably be noticed. Forum and Law relating to appeal is contained in section 17 of the said Ordinance of 1985. 12. Relevant provisions of section 17 of the Ordinance of 1985 are extracted hereunder: “17. Appeal. - (......eneficial so that no legal right should be denied which the appellate Court considers should be allowed within the framework of the suit. The Rule frees the Court from the tentacles of the procedural law and empowers it to do complete justice. Ends of law are justice and the paramount duty of the Co..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... issued. Mr Attorney-General frankly submitted that he is appearing in this Case as Attorney General for Bangladesh, but not on behalf of the Prime Minister. He submitted that considering the overall law and order situation in the country and the surrounding circumstances the Prime Minister made the..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....er of the victim is entitled to get custody of the victim. He was asked to enlighten us on the question whether a person put into judicial custody by a competent Court can be set at liberty under the provisions of section 491 of the Code and also on the question whether custody of a minor can be det...... the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is not being held in custody without lawful authority. 2. In this Case, the petitioner is the father of the victim of Kaligonj PS ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
.... consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceeding while rejecting the aforesaid application the impugned order is not sustainable in law in view of the provisions of rule 19, Order 41 of the Code of Civil Procedure. Mr. Ali further submits that the pla......ving given his full consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceeding while rejecting the aforesaid application the impugned order is not sustainable in law in view of the provisions of rule 19, Order 41 of the Code of Civil Procedure. Mr. Ali further s..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ...... Satkhira in Special Tribunal Case No.348 of 1996 arising out of Satkhira Police Station Case No.16 dated 11-4-96 corresponding to GR Case No.140/96 should not be declared to have been passed without lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......to the facts of the Case particularly the misappropriated amount and the goods received and manner of misappropriation, and the date of misappropriation and such a sanction is not valid in the eye of law and the prosecution must fail on that ground inasmuch as that cuts at the very root affecting th..Category: Criminal Law | Date: | Hits: 42
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....ed for default, and if he is the defendant decreed ex parte. Order IX, rule 8 of the Civil Procedure Code provides for the dismissal of a suit for want of prosecution, while Order IX, rule 6 has made provision for an ex parte decree for the default of the defendant. 4. The Title Suit No. 49/1......ellaneous Case No. 17 of 1990 arising out of the Title Suit No. 49 of 1986. The present petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecu..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....ntee his abidance. The petitioner is alleged to have committed the offence of murder in the United Kingdom for which he is liable to be extradited to that country, and is to remain arrested under the provision of Extradition Act, 1974. The matter is so grave that the Home Minister of the United Ki......rged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh and member of Balagonj Juba Dal Committee. The petitioner is a Mem..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....cused Nos.8 to 15 and 17. But it is in the evidence of PW 7, Bench Assistant of Land Acquisition Office (Rajuk Branch) that the vendors of the accused Nos.8 to 15 and 17 had already then received the provisional compensation for their respective acquired land. Accused No.16 had a different story. He......own Improvement Act Kartipakkha means the Chairman and five other members of Rajuk, and so accused No.2 had no authority to allot plots to the other accused, but in the instant Case ignoring the said law as well as the report from the office of the Additional Deputy Commissioner (LA) i.e., Ext 41 th..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....19-6-2000. 5. We have perused the relevant sections under which the order of detention is passed. The order in the instant Case was passed by the District Magistrate and, as such, the relevant provisions are sub-sections (2) and (3) of section 3 of Special Powers Act, 1974. 6. To appre...... opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah District Jail should not be brought before this Court to be dealt with according to law. 2. The learned Advocate for the petitioner, at the very outset, submits that the order o..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....onal. Sessions Judge evidently erred in law in passing the impugned judgment without discussing and considering any evidence of the witnesses examined by the prosecution in contravention of the clear provisions of law and the same has occasioned failure of justice. The learned Advocate further submi......d obtained the present Rule. 9. Mr. Khondaker Gulzar Hossain, the learned Advocate appearing for the accused petitioners, submits that the learned Additional. Sessions Judge evidently erred in law in passing the impugned judgment without discussing and considering any evidence of the witnesse..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....er dated January 31, 1991 recorded by the learned Additional District Judge, First Court, Brahmanbaria reversing an order dated November 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to b......d a reasoned and well-founded decision. The reasonings and the conclusion reached by the lower appellate Court does not at all suffer from any patent illegality, legal infirmity and flagrant error of law warranting any interference by this Court in the exercise of revisional authority under section ..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 shall not be declared to have been made without any lawful authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....usual the learned assessee advocate did not maintain any books of account and failed to produce any documentary evidence in support of his declared income and the Assistant Commissioner estimated his provisional income as lawyer at Taka 70,000.00. No basis whatsoever has been disclosed by the Assist......ii) Whether the Assistant Commissioner of Taxes has been justified in estimating the value of the property without giving any basis for such estimate and the Taxes Appellate Tribunal was justified in law to set aside the order of the learned Appellate Joint Commissioner of Taxes and ordering restora..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....Mr Manzoor Ahmad shall be the Managing Director of the company and he shall hold and remain in the said office for at least 5 years and in accordance with the rules and regulations of the company and provisions of law. The powers of the Managing Director are enumerated in articles 146 and in clause ......No.3 in his affidavit-in-opposition stated that he has no objection to the intervention by this Court on the application filed by the petitioner, as that will enable the company to be run and managed lawfully. The respondent No.3 BSRS as one of the creditors of the company has also filed an affidavi..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......r the opposite party—House Building Corporation. 6. It appears from the perusal of the revisional application together with the papers filed the including the impugned order and the relevant law, Bangladesh House Building Finance Corporation Order, 1973 (President’s Order 7 of 1978) that ..Category: Procedural Law | Date: | Hits: 78
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
.... application is not maintainable in its present form.’ 5. Mr AJ Mohammad Ali, the learned Advocate appearing for the petitioner submits that the execution proceeding is barred both under the provisions of section 48 of the Code of Civil Procedure and article 182 of the Limitation Act and th......d article 182 of Limitation Act how the objections of judgment-debtor were rejected is also not understood. I, therefore, have no hesitation to say that the execution Court committed serious error of law in rejecting the application for dismissal of the time barred execution proceeding which resulte..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....rce from July 1,1997. But from section 1(2) of the Finance Bill, 1998 it appears that the Collection of Taxes Act, 1931 shall come into force from July 1, 1998. 5. This leads us to examine the provision of Finance Bill 1998 and the Standing Order No.46/98 Cus dated 11-6-98. The contention of ......6-98 imposing the supplement duty at the rate of 40% on the basis of the proposed budget for the year 1998-1999 and the Standing Order dated 11-6-98 should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to impose the supplem..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ed und Article 102 of the Constitution calling upon respondents to show cause as to why eviction of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal......how cause as to why eviction of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Act XIV of 1970, should not be declared to be without lawful authority and of no legal effect. 2. The petitioners having lost their home and hearth..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....n of the learn Advocate for accused-petitioner with regard to of section 339C (4) of the Code, the learned Deputy Attorney-General seriously challenges the claim. At the outset ‘he submits that the provision is mandatory so far as releasing an accused on bail the words, “Unless for reasons to be......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
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