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Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......the amount fixed by them as the maintenance per month. Neither of the parties adduced any evidence upon which amount monthly maintenance can be determined and fixed. Nevertheless we are not precluded from determining the amount. It is in the record that the petitioner is a typist in the Ministry of ......nds. 15. Firstly, the learned Judges in the Privy Council were non‑muslims and they were anxious to decide such issues in accordance with the laws as propounded by the Muslim jurists rather than independently disregarding the Muslim jurists. 16. Secondly, Article 8(1A) of the Constitution ...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..Category: Family Law | Date: | Hits: 528
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......3. Perused the impugned judgment of the learned Additional Sessions Judge. It appears that the learned Additional Sessions Judge sitting on appeal did not apply his mind at all in order to come to an independent decision regarding the merit of the appeal. He started his judgment in English and after......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......dents, namely, respondent Nos. 3‑5, have promptly filed affidavit‑ in-opposition to such supplementary affidavit praying for recording that the Rule so issued earlier has become infructuous apart from raising some questions on maintainability. 4. All these questions and the writ petition shal...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......eople shall be effected only under, and by the Authority of, this Constitution Therefore, the petitioner being a citizen of Bangladesh and voter is a member of the whole people of Bangladesh and is a source of power along with other citizens of the country and this power which possessed by the peopl..Category: Constitutional Law | Date: | Hits: 344
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......…….....Respondents Judgment December 13, 1988. Result: The appeal is dismissed. Lawyers Involved: Farmanullah Khan - For the appellant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at th......ubmitted that the suit was barred by limitation as it was not filed within 3 years from the date of knowledge of the plaintiff and the lower appellate Court in not deciding the question of limitation independently the judgment of the lower appellate Court is violative of the provision of Order 41, R......ings on all material issues. 7. In deciding the question as to whether a transaction is a benami one or not, certain ingredients of benami transaction are required to be examined viz., the motive, source of money for the kabala, the custody of it and the conduct of the parties in relation to the ..Category: Property Law | Date: | Hits: 86
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ...... depose and accordingly deposed as DW 1. Thereafter he was again examined under section 342 of the Code of Criminal Procedure and repeated his claim of innocence. 6. The defence case as it appears from the trend of cross-examination of the prosecution witnesses was that of innocence of the accuse......was Metropolitan Magistrate at Chittagong he recorded the statements of the accused Salim under section 164 of the Code of Criminal Procedure on 14-6-2000. He gave 3 hour time to the accused to think independently. He identified the confessional statement Exhibit 9 and his signature thereon Exhibit ....... 32. In his cross-examination he stated that his sister Ayesha had no relation with the accused Salim nor he stayed in any night in their house. He denied the suggestion that as his mother had no source of income she was dependent on the accused. 33. PW 12 Md. Shajahan in his deposition state..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....u and others Vs. The State of Gujarat, reported in AIR 1971 (SC) page 1064 it has been observed as follows: "Even if there is no infirmities in the evidence of a young boy, it is desirable to seek corroboration of his evidence in view of his tender age." 14. From the above decision it is abund...... in the attached drain towards the north west corner of the western bank of their tank situated to the west of their house; that Aktar Hossain, Abdul Malek were at a little distance towards the north from the victim. Meanwhile at about 1 AM the accused persons namely one Gadu Mia alias Gadu son of S......after the occurrence. It is well‑settled that there is no absolute rule of law or even a rule of prudence which has ripened into a rule of law, that a dying declaration unless corroborated by other independent evidence, is not fit to be acted upon and made the basis of a conviction. In this connec......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....edibility of their testimony. We also find no reason to disbelieve the testimony of the P.Ws. on material particulars regarding time, place and manner of the alleged occurrence which finds sufficient corroboration from the evidence of other independent and disinterested prosecution witnesses coupled......son of Ismail Hossain, Ashraf, son of Abul Hossain Sarder, Abul Kalam Azad son of late Jabbor Sarder and 10/12 others came to the bank of that Dighi and asked the aforesaid accused persons to refrain from planting banana plants and releasing fries in the Dighi when the accused persons disregarded th...... appearing for the condemned prisoner-appellant and other-appellants submits that the prosecution could not prove it’s case beyond all reasonable doubts by adducing sufficient reliable evidence and independent witnesses. Mr. Islam has further submitted that the prosecution withheld some important ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... Wapda embankment by the southern side of Khararia Bazar accused-petitioner armed with bhela in his hand and accused Sharfuddin Molla also armed with a bhela in his hand and accused Rustom Molla came from behind and the petitioner abused the informant calling him, “Son of pig, you are going to bri...... of anything to show in support of the same. In the case of Atikullah Khan Masud Vs. State reported in 15 BLD (AD) 14 it has been observed that contention of the appellant that the Magistrate was not independent in the exercise of judicial function was not correct. 9. We have already noticed that......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......nting authority or Screening Committee cannot be called in question but the ruling in Zafrul Ahmed's case, 12 DLR (SC) 9 will be attracted and such finding by such authority is therefore not immune from challenge. The learned Judges distinguished the decision in 21 DLR (SC) 16 and 25 DLR (SC) 94 o......etirement of a person in the service, if the order of termination is made before the 1st July, 1959. This provision is a part of a supra constitutional law (Continuance in Force) Order, 1959. It is independent of any other law and has an overriding effect as its says; "nothing in this article or i......etired compulsorily on the ground of inefficiency under the powers quoted in the impugned order. Yet, while reaching its conclusion it totally lost sight of the nature and extent of that power. The source of the power for retiring the respondent compulsorily, as quoted in the Governor's order, c..Category: Employment/Service Law | Date: | Hits: 196
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by the Certificate Officer, Chittagong, for arrear rent dues from H.E. Percival, the recorded tenant, transferring land of P.S Plot No.108 of P.S Khatian No.14. ......isions cannot be avoided or bypassed by saying that it is not a case of subdivision but it is 'separation and amalgamation'. An undivided share in a joint tenancy cannot be amalgamated with other independent holdings of a co-sharer without first getting his undivided share separated from the joi......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ereafter he was appointed as such on 13-7-1993 in the national pay Scale of taka 28000--5155. But all on a sudden the petitioner was given posted to the post of Upper Division Assistant relieving him from the above post of section Officer (Protocol) by the impugned order dated 1-4-95. Being aggrieve......d order dated 1-4-95 relieving him from the protocol officer and restituting him to his earlier post as Upper Division Assistant is illegal in view of the terms of appointment dated 13-7-93 having an independent appointment with higher pay scale in the post of higher cadre. It has been further argue......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......title is also involved which cannot be tried by the Court of Small Causes. The defendant filed and application under section 28A of the S.C.C. Act before the District Judge for withdrawal of the suit from the Court of the S.C.C. Judge. The learned District Judge observed: "It is to be decided fir......same ''as if such suits were not cognizabls by a Court of Small Causes'. Thus the procedure is also altered and the procedure laid down in the Small Causes Courts Act are no longer applicable. This independent and new remedy provided for by section 28-A has not been made revisable under section 25...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......rty Nos. 1-6 as plaintiffs filed SCC Suit No.1 of 1983 in the then Court of Munsif, 2nd Court and the SCC Judge at Serajganj against the defendant-petitioner for ejectment of the defendant-petitioner from the suit premises alleging that the defendant-petitioner had been in possession of the suit pre......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......8. Now it is well settled that tie power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication. It will, therefore, be necessary to trace the source of power either in the Small Cause Courts Act or some other provision of law under which the ..Category: Procedural Law | Date: | Hits: 82
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....Court in decreeing the suit. The learned Single Judge found that Tamijur Rahman, the son of plaintiff Pearjan has given a genealogy, which was not challenged in cross-examination, and that fact found corroboration from the recording of the khatian Ext.3. The first appellate Court, did not take note ......ndent Nos. 2 to 6. Civil Appeal No.11 of 1976. (From the Judgment of the High Court in Second Appeal No.996 of 1964). Judgment Kemaluddin Hossain J. - This appeal on special leave arises from a judgment of a Single Judge of the Dacca High Court, reversing the decision of the first Appel......arned Judge next, held that, the-impugned kabala in favour of appellant Altafur Rahman was under challenge, and it was a document executed by a purdahnasheen lady, and so the onus that the lady got independent advice as to the nature and effect of the transaction into which she was entering, and t......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......udgment of my brother Shahabuddin Ahmed, J. 2. Leave was granted to consider the question whether there was any criminality in the action of taking advance by way of over-draft by the petitioner from the Janata Bank, Karikhara Branch, Sharupkati, District Barisal. 3. In view of our proposed ......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......to the possibility of repayment by the borrower and all the Banking Laws and Regulations are directed to the adviseability of advance to trading customers upon a proper valuation of their financial resources and assets. Whenever a security is offered, for temporary accommodation the Banker in the ..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......nd therefore, the agreement signed pursuant to that decision, is without lawful authority. 12. In order to carry on business in the demised premises the respondent no.1 has to obtain trade license from the Dhaka City Corporation (DCC) and therefore, the DCC is also required to be directed not to ...... They also refused to review decision by Greyhound Racing Club (Greyhound Racing Ltd. 1983 IWLR 1302), Lloyd corporation’s decision (Corporation of Lloyds Vs. Brigs 1993 1 Lloyds Report 176), by an independent school (R Vs. Fernhill Manor School ex-parte Brown 1992, 5. Admin LR 159, (stating that ......er or not they are activities to which the High Court’s supervisory jurisdiction through judicial review may be invoked by an aggrieved person. In the past it was mainly done by asking what was the source of the power being exercised by the decision maker whose action was impugned. Where the power..Category: Property Law | Date: | Hits: 159
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......he informed the local Chairman and Member about the occurrence. The Chairman along with the Member and Chowkider went to the house of Zafar, searched the house and recovered the stolen articles there from. They confined him and communicated the police. The said Zafar confessed that while he had comm......lved in the occurrence is not based on evidence. Moreover, learned Judge failed to consider that mere absconsion cannot form the basis of conviction unless the guilt of the accused is brought home by independent and corroborative evidence. Accused Zafar himself did not make any statement under secti......d the ejahar in the main, did not raise any allegation against the appellant or even mention his name. P.W.2 Mahbubur Rahman, a hearsay witness mentioned the appellant’s name without disclosing the source of his knowledge. No other witness mentioned the appellant’s name. He was not identified by..Category: Criminal Law | Date: | Hits: 95
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... Commissioner of Taxes assessed total income of the applicant at Taka 60,16,358 including unexplained investment of Taka 23,41,958 for construction of a two-storied house of the applicant as income from other sources. He estimated the cost of the building at Taka 1,08,11,527 against Taka 85,20,000...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......er of Taxes assessed total income of the applicant at Taka 60,16,358 including unexplained investment of Taka 23,41,958 for construction of a two-storied house of the applicant as income from other sources. He estimated the cost of the building at Taka 1,08,11,527 against Taka 85,20,000 which was ..Category: Fiscal/Taxation Law | Date: | Hits: 151
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......udhury J. - The Rule under adjudication, issued on 07.12.2010, was in following terms:
“Let a Rule Nisi be issued calling upon the respondents to show cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancie......ngladesh Awami League, Bogra District, President of Chamber of Commerce, Bogra, Director FBCCI, President Mohasthangorh Mosque, Mazar Development Committee and a renowned freedom fighter. There is an independent management committee for the Mazar and the Mosque in the subject vicinity.
18. Pursua...... meantime many other cases have been filed before the Hon’ble High Court Division by swearing affidavit at their own costs. The organization is always bearing all the cost of the cases from its own sources, which is raised from the donation of the members. The organization received no fund from ab..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......democracy in Bangladesh. Concept of a neutral caretaker government as desired by the people is a government which will be solely‑and exclusively committed to the empowerment of the electorates free from fear and pressure of the muscle and money power so that they can freely choose the government t......imilar terms stating that the Parliament passed the impugned Act amending the Constitution providing for a non‑party caretaker government for a limited period for the purpose of holding free, fair, independent and peaceful general election to the Parliament in order to have a government formed of ......ically, the Chief Justice or any Judge of the Appellate Division is far from any misgivings and they are free and should be free from any temptation. Egalitarian point of view is that the command and source of power of a Judge of such high profile is the will of the people and that is why trust was ..Category: Constitutional Law | Date: | Hits: 215
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