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Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....hat 'if the allegation is true the learned Advocate for the complainant petitioner may take steps in the concern tribunal for their security in the Court and other places but on that ground it is not proper to transfer the case but old maxim justice should not only be done, but should manifestly and...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Mst. Parvin Rahman…………......Petitioner Vs. Moniruzzaman and others…………...Respondents Judgment June 5, 2008. Result The petition is di......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311...Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....sed. In cross-examination, he denied the suggestion that accused Mannan did not hoard diesel/kerosene for the purpose of artificial crisis and did not sell the same at a higher price and without proper investigation he submitted charge sheet against the accused. 21. These are all of the ev......ni, Assistant Attorney-General - For the Respondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by th...... Osman Gani, Assistant Attorney-General - For the Respondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 pas..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......ioner (In Writ Petition No. 479 of 2007) Suheli Mahmood………………………………………..Petitioner (In Writ Petition No. 5182 of 2007) Vs. Bangladesh Biman Corporation and others…………………………………… Respondents Judgment June 4, 2008. ......vision held that the order of retirement from service made in respect of the appellant according to the provision of Regulation 11A(2) of the Regulations was without lawful authority and was of no legal effect. He further submits that Regulation No.11A was added to the Regulations on February 5,..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....used. In cross examination he denied the suggestion that accused Mannan did not hoard dieÂsel/kerosene for the purpose of artificial crisis and did not sold the same at a higher price and without proper investigation he submitted charge sheet against the accused. 21. These are all of the ...... Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this ApÂpeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed by the l......man Gani, Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this ApÂpeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....03 passed by the Joint District Judge, Second Court, Sylhet in Title Suit No. 22 of 1998 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party’s No. 1-6 as plaintiffs filed the said Suit in the Court of Subor...... (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Afzal Hossain Ahmed J Abul Kashem-al-Asad……………………… Petitioner Vs. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: Th......f law resulting in an error in rejecting the application filed by the defendant/ petitioner under Order VII, rule 11 of the Code. In this regard we like to observe that by now it is a well settled legal proposition that in considering an application or a prayer made by a party the court will see..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....he Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, i......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ......llip;…………………………Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a tot..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....r suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali possession of the properties sought to be partitioned, ......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be......to "policy of the law". And "policy of the law" cannot be to deprive a person from his legitimate share in the ejmali property. The aim of public policy shall always be to ensure and safeguard the legal right of a person which might have accrued to him under a statute as well as under the perso..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....f Md. Sharifuddin Vs. RP Singh, AIR 1961 (SC) 1312, a case under section 24 of Administration of Evacuee Property Act, 1950, 'any person' under section 24 of the Act has been defined the person whose property has been declared as evacuee property by the Custodian…………………………(10) ......ourt Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Haque Azad J Abul Kalam Azad (Md.)……….......Petitioner Vs. State and another……………….....Opposite parties Judgment May 22, 2008. Result: ...... for Taka 3,50,000; the complainant placed all those cheques for encashment one by one on 9-8-2006, 10-8-2006 and 22.8-2006 but the cheques were dishonored for insufficient fund. The complainant sent legal notice through his learned Lawyer for payment of those cheques' amount. The petitioner gave re..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......am J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others……………………………………………………………………………........rising out of Gulshan PS Case No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 are hereby declared to have been taken and continued without any lawful authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
....Advisor could not find time to give any policy guidance. This question of citizenship could never be decided in statutory forum. It is well settled that constitutional question can only be decided in properly constituted writ petition under Article 102 of the Constitution.
39. Mr. Rafiqul Islam M...... in: 60 DLR (HCD) (2008) 407.
...... as voters and accordingly, on 14-06-07 wrote to Chief Adviser; but no decision has yet been communicated to the Election Commission by the Government and consequently, the Urdu-speaking people are illegally excluded from the process for registration of voters.
9. He narrated to us the deprivatio..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....n purchaser (Ali Ahmed) got possession of the auction purchased land on 20.01.1954 through court. Ali Ahmed being in possession of the auction purchased land (hereinafter referred to as the suit property) for more than 12 years mutated his name in the Government record and paid rents accordingl......d in: 29 BLD (HCD) (2009) 347. ......, Dhaka on 12.08.92 with the defendants was the basis of the said decree. Rasheda Begum went to Pakistan Via Nepal after liberation of Bangladesh, so the alleged bainapatra was fraudulent and was not legally enforceable in respect of the suit property, Rasheda Begum had no right, title, interest and..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....respondent-Bank from Saddharan Bima Corporation does not fall within the definition of "FY" (loan), thus, the Adalat committed illegality in refusing to return the paint for presentation before the proper Court and as such the impugned order is liable to be declared to have been passed without l......lso Reported in: 28 BLD (HCD) (2008) 503. ...... Rin Adalat, Chittagong (Annexure-C) rejecting an application under Order VII rule 10 read with section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2, National Bank Ltd. as plainti..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
.... by this Court. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in this appeal. 14. P.W.1, SI Ataur Rahman, is the informant of this case. He dep......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain...... Court did not apply his judicial mind in analysing the deposition of P.Ws. and their cross-examinations and that the learned trial Court has based his Judgment on surmises and conjectures and not on legal evidence on record. He further submits that the prosecution has miserably failed to prove the ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
.... by this Court. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in this appeal. 14. P.W.1, SI Ataur Rahman, is the informant of this case. He dep......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......Court did not apply his judicial mind in analysing the deposition of P.W.s. and their cross-examinations and that the learned trial Court has based his judgment on surmises and conjectures and not on legal evidence on record. He further submits that the prosecution has miserably failed to prove the ..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......s also Reported in: 13 BLC (HCD) (2008) 572. ......o why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a company represented by its Chairman, filed instant writ petiti..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....ted 26-9-2000 passed by the Assistant Judge, Sadar, Kurigram in Other Suit No. 35 of 1999 should not be set aside and, or, such other or further order or orders pass as to this Court may seem fit and proper. 2. Opposite Party No. 1 as plaintiff filed Other Suit No. 35 of 1999 in the Court of As...... excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert......g upon this Court, unless it is shown that there are misreading or non consideration of material evidence on record in arriving at such finding. The judgments of the Courts below are not tainted with legal infirmity and perversity justifying interference by this Court. After examining the record of ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
....o.335608 on the basis of
said license and held the pistol by renewal of the license time to time. It is
further stated that the petitioner needed the pistol for the safety and
security of life and property of his family.
8. It appears the
impugned order dated 27.03.02 issued by respondent N......Road, Chakbazar, PS-Pachlaish,
Chittagong……………………………………………….Petitioner
Vs.
Secretary, Ministry
of Home Affairs, Government of Bangladesh, Ramna, Dhaka and
others………………………………………………………………………..Respon......icense.
5. After
cancellation of the license and seizure of the license, arms and ammunition,
the respondents did not take any step for reÂturning them. Consequently, the petitioner
served a legal notice through his lawyer on 03.07.02 for return of the arms,
ammunition and license but rece..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....e name of all other purchasers including the pre-emptor there was no relation
between the old Khatian and the new
B.P. Khatian and at that time the
opposite party No.2 Biren proÂposed to sale the property to the contiguous land
owners but the petitioner was not interÂested to purchase the said......d. Dabirush-Shan J
Most. Rafika Begum……………………………………………………………..Petitioner
Vs.
Md. Mohammad Ali
Sheikh being dead his heirs Most. Asia Bewa and
others……………………………………………………………………………â€......Âsition
and Tenancy Act was appropriate secÂtion for filing the pre-emption suit for
agriculÂtural land. The learned lower appellate court and the trial court was
erred in law and comÂmitted illegality for not considering this legal aspect of
the case. The miscellaneous case under Section 24..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ......ith at least two years experience as a qualified Town PlanÂner. 16. He further submits that the impugned circular/notification dated 7-2-2004 has been issued without lawful authority and is of no legal effect, inasmuch as the said promotion of the respondent Nos. 5, 6, 7 and 8 were made vide imp..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....rder. Mr. Mohammad Ali further submits that the judgment of the learned S.S.C. Judge is not based on correct evaluation of the facts and materials on record and as such the impugned judgment is not a proper judgment which is liable to be set aide. The learned Advocate in support of his submissions r...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......isional Application and other connected papers including plaint, impugned judgment and deposition of witnesses submits that the learned S.S.C. Judge on misconception of law and facts most illegally and mechanically dismissed the suit even though the plaintiff made out a clear case for bona..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
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