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.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......s heirs Md. Naimuddin and others 1983 BLD (AD) 1 = 35 DLR (AD) 31.
Lawyers Involved:
Rafiqul Huq with Afreen Mahiuddin, Advocate — For the Petitioners.
Nusrat Jahan, Assistant Attorney-General — For the Respondents.
Writ Petition No. 4101 of 1999.
Judgment
...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
...... contention he has referred to the case of Jabed Ali Vs. Abu Sheikh, being dead his heirs Md. Naimuddin and others reported in 1983 BLD (AD) 1 = 35 DLR (AD) 31. He next submits that the decision of a meeting under the chairmanship of the Secretary of the Ministry of Works is not the law and cannot p..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
.... body of Asaruddin. The injury was ante-mortem and homicidal in nature. 23. In cross-examination he stated that the nature of the injury indicated that the victim was likely to lose his speaking power on receiving it. He found the margin of the wound clear cut. He further stated that margin of ................ Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour ...... learned Additional Sessions Judge was perfectly justified in convicting and sentencing the accused appellant on the basis of the most cogent and reliable evidence and, as such, the impugned judgment calls for no interference by this Court. Point for determination 8. The only point for det......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....urt presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes it clear that there is power of "review" both in cases where judgment has been delivered but not signed and cases......ed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to the parties to cause any alteration, addition and modification in the judgment……&h......er formality, except notice to the parties and a rehearing on the point of change should that be necessary, provided it has not been signed. Another is that after signature a review properly so‑called would lie in civil cases but none in criminal; but the review, when it lies, is only permitte...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
.... Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court The Power of the High Court Division envisaged in section 439 of the Co...... The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara,......because of administering and dispensing real and substantial justice, the Court alone exist and there is no species of injustice where the High Court Division cannot correct where its interference is called for. Hencefoth, the Judicial Inquiry will be performed by metropolitan Magistrate Dhaka ......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....ndhra Pradesh High Court in the case of B Sheshaiah Vs. Veerabhadrayya, AIR 1972 Andhra Pradesh 134. The ratio decidendi of the cases is that on general principles and in the exercise of its inherent power, an executing Court can entertain and give effect to a claim to set-off even in cases which do......……….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Calcutta 409...... the circumstances, the application of the petitioner dated 27-8-90 deserved consideration. But the executing Court wholly misconceived the purport of the application and rejected the same both technically as well as on merit. The executing Court was, on the above facts, wrong to hold that the petit......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....must be taken with utmost care that it is not used on occasions or in cases to which it is not appropriate. In the case of Md. Samiulla Khan and another vs. State 15 DLR 150 it has been held that the power of contempt should be used sparingly and only in serious cases and the court should not be eit...... The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt......onour the mandate of the High Court Division. Thereafter, the contempt petitioner through their learned Advocate issued notice on 4-7-1999 and also on 30-11-1999 upon the present appellant and others calling upon them to honour the mandate given in the judgment of the High Court Division but in spit......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....consequences affecting the person or property or other right of the parties concerned". This rule applies even though, there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for in such cases this requirement is to be implied into i......lip;……………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without giving them an opport...... into the relevant law, unless its application is excluded by express words. A duty is cast on every Administrative Tribunal to act with due regard to the principles of natural justice, unless specifically exempted from such a limitation" 45. In the case of University of Dhaka Vs. Zakir, A......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....nd fare Table Rules have not been followed prior to the issuance of time table to MV Miraj. To this the respondent has submitted that the time table issued in favour of MV Miraj was in exercise of power given to the respondent to issue such time route permit when required in public interest Rule...... Rules provided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6) Lawyers Involved: ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......such timetable because during summer WAPDA Ghat becomes a middle station and they also requested respondent to cancel the timetable for smooth operation of Water Transport. It was also decided in a meeting of the Bangladesh Inland Water Transport Authority that relevant rules and practice were n..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....gh Court Division or Court of Session and in the case of person released by itself any other Court may cause any person who has been released on bail to be arrested and may commit him to custody. The power to take back in custody an accused who has been enlarged on bail has to be exercised with care......on (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused pet......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......n 2‑5‑2000 and directed accused-petitioner to surrender to court below. In cancelling bail on allowing Miscellaneous Case Sessions Judge held that it stood proved that the accused-petitioner held meeting on 3‑5‑2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting mig..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....ry and that the defendants have failed to show any reasonable basis for such valuation, these concurrent findings of fact based on evidence cannot he disturbed by this court in exercise of revisional power. The learned Advocate further submits that plaintiff No. 1 being a registered co-operative soc......p; others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. Maksudur Rahman, Advocate—For the Opposit......eneral— For the Petitioner. Maksudur Rahman, Advocate—For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK Sinha J. - This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 11-3-1999 of the l......nt per month for each quarter. Plaintiff No. 1 subsequently prayed for the Government on behalf of its members of the society for permanent lease of the said semi-pucca houses. In pursuance thereof a meeting was held on 12-9-90 by the members of plaintiff No. 1 society, which was presided over by th..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....e of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. &hellip......ivil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. …&hell......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....986 was filed in the Appellate Division. The Appellate Division in the above decision considered the case of Amjad Ali Vs. Ali Hossain and another reported in 15 CWN 353 in which it was held that the power to direct inspection includes the power to direct the preparation of an inventory, if the Cour......azzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain ......dash; the Petitioner. ASM Wahidul Momen Chowdhury, Advocate—For Opposite Party Nos. 1-2. Civil Revision No.1906 of 1998. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and order dated 13-5......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
.... and a representative of each of the parties.
4. Anyone who wants to rule persons first tries to humiliate them, to trick them out of their rights and their capacity for resistance, until they are powerless before him as animals.” Wrote Eliar Caneth, winner of the Nobel Prize in 1981, in his bo...... I agree.
Ed.
This Case is also Reported in:
......of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the district of Naogaon, was forced to marry her husband’s paternal cousin Samshul on a so-called fatwa by Hazi Azizul Huq that her marriage had been dissolved consequent to an incident of ab......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......late Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......eated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit under the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") for a period of 9 years commencing from 1st of October, 1983 subject to ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....e Code of Criminal Procedure, so far only as they are not inconsistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunal and such Special Tribunals shall have all powers conferred by the Code on a court of session exercising original jurisdiction. The effect of t......….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. Mohammad Mostafa, Assistant Attorney-General— For the State. Criminal Revision No. 1411 of 1994. Judgment ARM...... Criminal Revision No. 1411 of 1994. Judgment ARM Khairul Haque J.- This Rule, under section 561A of the Code of Criminal Procedure, was issued at the instance of the accused-petitioner calling upon the opposite parties to show cause as to why the proceeding of the Special Tribunal Cas...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
.... Development Board’s Order, 1972 (President’s Order No. 59 of 1972) and submitted that the said Order does not contain any provision that in a matter of this kind the concerned Ministry has any power to issue a direction to the said Board or that the said Board has a duty or obligation under...... Result: The appeal is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either ......n information and knowledge. But to issue a mandatory direction on a Board requires a backing of some law which the concerned Ministry does not have. It was, therefore, totally inappropriate and uncalled for the High Court Division to opine that the writ petitioner was not required to go for arb...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168. ..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
....ce of safe custody is violative of the Jail Code and no one in jail shall be denied access to a lawyer of her own choice and why a declaration should not be given that there is no law in Bangladesh empowering any Investigation Officer, or any other person to pray before any Court to put a victim gir......5 BSCR (Vol. VIII) 112.
Lawyers Involved:
Tania Amir, Advocate—For the Petitioner.
Md. Abdur Rashid with Subrata Chowdhury Advocates—For Respondent No. 6.
Momtazuddin Ahmed, Deputy Attorney-General with AM Aminuddin, Assistant Attorney General—For the Respondents.
Writ Petition......ney-General with AM Aminuddin, Assistant Attorney General—For the Respondents.
Writ Petition No.1563 of 1998 with Review Petition No. 7 of 1999.
Judgment
KM Hasan J.- This Rule was issued calling upon the respondents to show cause why the direction should not be given upon the respondent......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....al charge by the police without a warrant is proved to be imminent and certain. All that the learned Attorney-General has submitted relates only to the conditions and circumstances under which the power for granting pre-arrest bail should be exercised by the Court. He submits that the power is a......pellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an ...... on account of some local public commotion or other circumstances it is not possible for the petitioner to appear before the lower Court for seeking bail. The petitioner must, however, remain physically present in Court before his application for bail can be entertained. The Court, if it grants ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....t act on its own but acted at the request of the Government. Moreover, petitioner was in the habit of seeking remission of interest taking loan from different Banks in different names by misusing his power as director of different Banks and, as such, Bangladesh Bank did not act either in an arbitrar......……….Petitioner Vs. Agrani Bank and others.................................Respondent Judgment April 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshay...... For the Respondent No.1. Writ Petition No.1656 of 1998. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Mr. Fazlur Rahman and Co (Pvt.) Limited calling upon the respondents to show cause as to why respondent No.1, Agrani Bank should not be dire......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....terated on the first point of leave what was stated above in the leave granting order whereas Mrs. Rabeya Bhuiyan, learned Advocate for the respondents, only maintenance, submitted that the Court has power ex debito granted. justiciae to alter the decree in order to do justice between the parties an......ellip;……… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay see......uo; and wrongly held that a divorced woman is entitled to maintenance till she remarries. The term ‘Mattaa’ means certain benefits, privileges and gifts in any form by whatsoever name you call it, is incumbent on the ‘righteous’ as enjoined by Allah in the Holy Quran. ‘......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
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