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Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... case of the petitioner. In that view of the matter it was held that the detention of the petitioner was outside the purview of law and was illegal. 10. With respect, if we may say so, we are in full agreement with this proposition of law that has been propounded by the Indian Supreme Court. Th......nts could in such in contingency take recourse to the Prisons Act if the detenu was really acting in a manner which was contrary to the discipline of the prison. 9. Prisons Act deals with the management, administration, discipline, conduct and all other affairs regulating the life of the prison..Category: Criminal Law | Date: | Hits: 1
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ...... giving exemption of paying VAT it is only the Government who can do the same as it has been done by the Government earlier which appears from Annexure- "D" series of the petition. 15. We are in full agreement with the submission of the learned Senior Counsel that by legal fiction as it has bee......der, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization, persons or group of persons registered as an indentor and holding sole agency, dealership or distribution right from a supplier abroad. The indentors render services abroa..Category: Fiscal/Taxation Law | Date: | Hits: 51
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......itance from Arman Mir and Jamiruddin Mir.
3. The defendant Not. 2, 19, 35 and 43 by two separate written statements contested the suit. They have alleged that Arman Mir and Jamiruddin Mir were not full brothers but they were step brothers; they lived in a different village; Arman Mir first came o...... 35 and 43 by two separate written statements contested the suit. They have alleged that Arman Mir and Jamiruddin Mir were not full brothers but they were step brothers; they lived in a different village; Arman Mir first came over to this village and settled down and acquired the properties; there..
Category: Procedural Law | Date: | Hits: 25
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ses in lengthy cross-examination were unshaken with regard to the occurrence of killing Abdul Motlib and, as such, the learned trial Judge rightly arrived at a finding that the prosecution has successfully proved the allegation of murder against the condemned prisoner Moinuddin and accordingly, aw......at 09-30 PM the condemned prisoner Moinuddin, accused Hashmat Ali, Harun, Habibur Rahman and Kala Chand entered into the house of Abdul Hoque and then accused Moinuddin started abusing in filthy language Abdul Hoque and at one stage he fired at the right side of the belly of Abdul Hoque and thereaft..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ...... Mongla Port Authority-respondent No.2. All the issues were settled long ago and the constituted Attorney of the petitioner has duly received all bills against two works orders from the respondent in full in final settlement of the company's claim. Further he received a cheque being cheque No.2030......lls of the petitioner of the remaining amount of the running account bill No.5 for construction of remaining works of ICE and Denting Shop within the Workshop Complex at permanent Port Site, Mongla, Bagerhat and final bill for the said work and final bill for the construction of Equipment Workshop a..Category: Alternative Dispute Resolution | Date: | Hits: 96
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
.... show that some form of marriage which is not valid and legal was gone through with fraudulent marriage or an apology for a marriage which in the context of the social and religious background of the woman would cause a belief in her mind that she was lawfully married wife of the accused. To prove......ase No.9-C of 1993 (TR No.149 of 1992) framing charge under section 493 of the Penal Code against the petitioner. 2. Facts, in brief, are that the petitioner cohabited with the prosecutrix deceitfully her belief of lawful marriage, thereby committed the offence under section 493, of the Penal......992) framing charge under section 493 of the Penal Code against the petitioner. 2. Facts, in brief, are that the petitioner cohabited with the prosecutrix deceitfully her belief of lawful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, charge under se..Category: Criminal Law | Date: | Hits: 126
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......roperty in his share being dated 10.01.1976 long after the starting of the enemy property proceedings had nothing to do with those proceedings. The learned judge further found that the plaintiffs had full knowledge of the proceedings since 1972 and since the suit was not brought within one year from......s Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh..Category: Property Law | Date: | Hits: 64
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......ontract at the end of such, period. If the consumer continues to take gas after the expiration of 30 days succeeding of the said notices all the terms and conditions of the contract shall remain in full force and effect excepting only as to the new price, which new price shall be treated as though......fect and 30 days' notice has not been given. It can hardly be disputed that plaintiffs have a prima facie case for getting the declaration prayed for. We refrain from saying anything more at this stage lest this should prejudice any of the parties. The main question in this appeal is whether the p..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......he defendants are defaulters to the plaintiff bank for loan outstanding amounting to Taka 2,31,06,370.48 and are severally and jointly liable to be declared bankrupts/insolvent. The petitioner is the full brother of the contesting defendant No.2 and respondent No.4 in this writ petition. The petitio......r. Idrisur Rahman, further submits that the respondent bank being a secured creditor acted malafide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence, the proceeding is without..Category: Procedural Law | Date: | Hits: 114
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......ower conferred under section 33(7) of the Ain, 2003 passed an order conferring title of the petitioner's mortgaged property upon the bank and directed to issue a certificate to that effect. We are in full agreement with the impugned order of the Artha Rin Adalat. 13. Moreover, we find that the im......as to why the impugned order dated 24-8-2006 (Annexure-E to the writ petition) passed by the Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful a..Category: Civil Law | Date: | Hits: 139
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......ner alleged in his plaint, inter alia, that he by registered kabala dated 23‑4‑59 purchased the suit land in the names of his minor sons namely, defendant Nos.1 and 2, who were 8 and 1½ years of age at that time to avoid his creditor and has been possessing the same since then by constructing d..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......ourt virtually did not pass any order regarding title of either party. As the judgment is unanimous so it cannot be challenged in the ordinary Court. So, the instant suit is not maintainable. I am in full agreement of the aforesaid views of the trial Court. 19. The Court of appeal below completel....... 186 of 1991 in the Court of Senior Assistant Judge, Noakhali, impleading the petitioner as defendant for declaration that judgment and order dated 6-3-1991 passed by No. 3 Noanni Union Parishad Village Court, of Sadar Upazila, District Noakhali, in Village Court Case No. 21 of 1990 in respect of 0..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......ration after its execution. 15. In order to ascertain which of two kabalas in the names of the pre-emptor and pre-emptor No.2 was of earlier date, let me have a glimpse over the table below giving full particulars of both the kabalas of the pre-emptor and pre-emptee No.2. Particulars......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... and in Subash Kumar Vs. State of Behar, AIR 1991 SC 420, the Supreme Court observed that “right to life guaranteed by article 21 includes the right of enjoyment of pollution-free water and air for full enjoyment of life”. The Supreme Court has used the right to life as a basis for emphasizing t......lains, rivers, water bodies, Sub-Flood Flow Zone (SFFZ) etc. to protect the safety, health and welfare of the common people from negative environmental impact and to protect and preserve natural drainage system to ensure their continual and proper functioning. Any interference with the same as earma..
Category: Environmental Law | Date: | Hits: 434
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... of pre-emption proceeding and with an ulterior motive did riot lay any written objection against Pre-emption Miscellaneous Case. b. Plaintiff-opposite party and Second-Fourth opposite parties are full brothers and purchasers of land under Pre-emption proceeding. c. Pre-emption Miscellaneous C...... a. Summons of the Pre-emption Miscellaneous Case had not been at all served upon plaintiff-opposite party and the same had been fraudulently suppressed. Second-opposite party Torab Ali is not the agent (Karjkarok) of plaintiff-opposite party and, as such, Second opposite party got no legal autho..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... ahead of AV Dicey in projecting the untrammeled power of the British Parliament, suggesting that the British Parliament is so sovereign that it can even, theoretically, if it so wishes, make a man a woman and vice versa, emphatically wrote that this epistemology can not extend to a country with a w......rt of Appeals. Here, however, the pressure is greater and more constant, and it relents little even during summer months. One, therefore, to a large extent relies on experience and an innate and, hopefully, developed proper judicial reaction. One had better be right! Good health is an absolute requi......d not be passed.” 2. The petitioners, stating that they are the president and secretary respectively of the organization named “Human Rights And Peace For Bangladesh”(HRPB), which body is engaged in promoting and defending human rights, working to establish rule of law and supporting the vi..Category: Constitutional Law | Date: | Hits: 413
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......er bringing the allegations of shortage of fertilizers, meantime seized by police on 02.02.2000, which, ex facie shows the falsity of the subsequent case filed on 13.02.2000; and that after holding a full-fledged trial the learned Judge of the Special Tribunal No.3, Bogra, passed Judgment andorder d......s passed as to this Court may seem fit and proper. 2. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) briefly are that, one Md. Rowshan Ali, Manager Agrani Bank, Saptapadi Market Branch, Bogra lodged an F.I.R. on 13.02.2000 with Officer-in-Char..Category: Criminal Law | Date: | Hits: 97
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......al; that Abdul Kader Mia died leaving behind the plaintiffs as his heirs while he was in service; that Abdul Kader Mia in connection with his service posted different station in which he assigned his full brother defendant No. 2 to look after the suit property; that the defendant No.2 with ill motiv......ocate argues that at the relevant time if Abdul Kader Mia was found to be minor he could not be allowed to execute and register the kabuliyat in favour of the then Government. He also argues that the age of Abdul Kader Mia as mentioned in the service book (exhibit-9) was not correct and in that view..Category: Property Law | Date: | Hits: 146
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......proceedings against the committee. After the so called election of the executive members was held, no schedule whatsoever was declared for holding the second phase of election for constitution of the full executive committee including the President and Vice-presidents. Authenticity of annexes-C, C1,......n No.9394 of 2010 for its hearing analogously with Writ Petition No.9390 of 2010 and the issues involved in both the writ petitions are related to the affairs of National Association of Small and Cottage Industries of Bangladesh (hereinafter called NASCIB), these two writ petitions have been heard a..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ...... Road No.1, Block-Ka, Section-6, Mirpur, Dhaka measuring 200 square yards of land or thereabout by a letter of allotment dated 17.2.1994. On receipt of the said letter of allotment, she deposited the full premium amounting to Taka 9,000/- (nine thousand) only on 20.2.1994 by treasury chalan No.ঠ/......ued in favour of respondent No.7 Kofiluddin in respect of the same plot. Thereafter, several correspondences were made between the said Abeda Khatun and the Housing and Settlement authority. At one stage they (Abeda Khatun and Kofiluddin) were asked to appear before the Assistant Commissioner of Hou..Category: Property Law | Date: | Hits: 82
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