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Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....the rents of the same to the Government and the SA Khatian No. 867 in respect of the above land has also been recorded in the name of this defendant No.1 and the defendant Nos. 29-33 did not hold any right, title and possession over the same; that the defendant No. 1 resides in Dhaka with her s......Possession— The defendant No. 1 has exclusive possession over the suit land and prima facie shows that she has mutated her name separately and paying regular rent to the government. Before disposal of the partition suit finally, it is sufficient to prove that the defendant No. 1......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ......s and circumstances of the case found prima facie arguable case in favour of the defendant No. 1 and allowed the application for temporary injunction by setting-aside the judgment order passed by the trial court which was not a proper order in accordance with law and fac. 18. He next submits th..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....cal board which consists of himself and Dr Akbar Ali. They held the post mortem of the deceased and found the following injuries on the person of the deceased: 1. one deep seated bruise over the right lateral aspect of neck 1" in diameter; 2. two ecchymises over the left lateral ...... Criminal Appeal No. 8657 of 2008 and Jail Appeal No. 30 of 2009. Judgment Quamrul Islam Siddique J. — The learned Sessions Judge, Rajshahi referred this matter of death sentence for confirmation under section 374 of the Code of Criminal Procedure (shortly, CrPC) to this Court. ......the notice of the Magistrate that the accused was insane and the learned Magistrate being convinced directed the jail authority to provide the accused with proper treatment. With such state of affairs the Sessions Judge should not have arrived at a decision that the accused was not insane with ......ection 164 of the Code of Criminal Procedure and Sohag under section 164 of the Code of Criminal Procedure. 7. The record was transmitted to the Court of the learned Sessions Judge, Rajshahi for trial. 8. The case was numbered as Sessions Case No.609 of 2007. 9. The learned Sessions J..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Engineer Abdul Md. Wadud Vs. State and another, 2014, 43 CLC (AD)
....se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......Abdul Mobin, Advocate, instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Mndhumnloty Chowdhury Barua, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No. 170 of 2014. (From the judgment and order dated 9-2-2014 passed by the ......se of the petitioner. We find no merit in the contention of the learned counsel. The petition is accordingly dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 174 ......heet against him. In this case the investigation officer has. found prima-facie case against the petitioner. In view of the above, the High Court Division is justified in maintaining the order of the trial Court which has legally framed charge against the petitioner on finding that the materials on ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 4
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
.... place, so the defect in obtaining the permission from the authority by P.W.1 who led the trap party is curable under section 537 of the Code…......(52) The Rule itself did not confer any right to the accused to explain his position before the the Commission or Commissioner…....(5...... and another………………………..Respondents Judgment June 10, 2014. Result: The appeal is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that...... the Bidhimala filing of the case and submission of the Police report is also illegal. So, the very cognizance taken by the Court below on the basis of the said defective report is not also legal and fair which have ultimately vitiated the trial of the case as a whole. 43. Now, to address ...... 10-4-2007 corresponding to GR No. 232 of 2007 were started. The case was investigated by P.W. 12 Md. Helal-uddin Sharif, who on completion of the investigation submitted report recommending the trial of the accused under section 161 of the Penal Code read with section 5(2) of the Prevention of..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....al is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration that the records of right of the suit land are wrong. When an invasion on the rights of a person is made on the basis of......uddin Howlader and others………Respondents Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration...... avoid all incumbrances, sue to enhance the rent of the land which is the subject of the protected interest. On proof that the land is held at a rent which was not at the time the lease was granted a fair rent, the Court may enhance the rent, to such amount as appears to be fair and equitable."...... have had any right, title and possession in the suit land. That the suit is liable to be dismissed and the decree passed in Title Suit No. 173 of 1964 also is liable to be declared void. 6. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. The app..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....trator and arbitrators shall appoint the third arbitrator who shall serve as Chairman of the tribunal. The tribunal shall ensure that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. The tribunal shall condu......practice upon the plaintiff.
As per section 10(2) of the Arbitration Act when it is found that there is arbitration proceeding, Court should keep its hands off from the proceeding pending before the Court………(50)
If a Party relies on the Contract he must rely on it......int the third arbitrator who shall serve as Chairman of the tribunal. The tribunal shall ensure that the parties are treated with equality and that each party has the right to be heard and is given a fair opportunity to present its case. The tribunal shall conduct the proceedings with a view to......C (HCD) (2010) 330
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Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....lip;………..........Respondents Judgment May 28, 2014. Result: The appeal is allowed. Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sh......-sharers each of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of a......ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... executing a nadabipatra in favour of the opposite party No.2 and that the opposite party No.2 being a co-sharer in the case land the application for pre-emption is not maintainable. 5. The trial Court dismissed the case for preemption taking a wrong view that pre-emption was sought f..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....rty (সাবালকত্ব) 15. The appellate Court after, contested hearing, concurred with the findings of the trial court. with regard to subsistence of the marriage and plaintiffs right to get payment of the unpaid dower and also the monthly maintenance of Taka 2500 as fixed by t......014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes including determination of parentage The DNA report contains the analysis ......tiff against the defendant in Nari-o-Shishu Nirjatan Case No.516 of 2007 is silent about the date or time of marriage. However it contains a statement that the complainant (plaintiff) had love affairs with the accused (defendant) for about one and half years before the marriage. 41. The ap......gment will govern both the Revisions. 4. In Civil Revision No. 4153 of 2012, the petitioner (plaintiff) Mossammat Beautiful Bibi alias Beauty has challenged the modification of the decree of the trial court by the appellate Court to the effect that the plaintiffs son Md. Biman is not entitled t..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
.... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J:- I agree.
Ed
This Case is also Reported in:
......nt
Vs.
The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent
Judgment
May 14, 2014.
Result:
The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant
The q......on formulating the following questions:-
i) “Whether, in the facts and circumstances of the case, the Tribunal was justified in rejecting the appeal of the applicant and finding that to be fair, reasonable and equitable decides that the appellant’s business income, interest income f...... Court of Bangladesh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J:- I agree.
Ed
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 9
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....that " the words of sec. 10 have been designedly used to give a wider scope than the concept of conspiracy in English law may not be accurate" and then his lordship observed that 'Lord Wright said that there is no difference in principle in Indian Law in view of section 10 of the Evide......her co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents Abd..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ......cant Vs. The Commissioner of Taxes, Taxes Zone-5, Shegun Bagicha, Dhaka…………Respondent Judgment May14, 2014 Result: The questions (i) and (ii) formulated for determination answered in the negative in favour of the assessee-applicant The q......on formulating the following questions:- i) “Whether, in the facts and circumstances of the case, the Tribunal was justified in rejecting the appeal of the applicant and finding that to be fair, reasonable and equitable decides that the appellant’s business income, interest income f......esh, is to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 14 May, 2014 | Hits: 3
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....28, 2014. Result: The appeal is allowed. Non Agricultural Tenancy Act (XXIII of 1949); Section 24 Section 24 of the Non-Agricultural Tenancy Act does not say about the right of pre-emption of co-sharers of a holding but it says about the right of pre-emption of the sh......-sharers each of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of a......sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ...... executing a nadabipatra in favour of the opposite party No.2 and that the opposite party No.2 being a co-sharer in the case land the application for pre-emption is not maintainable. 5. The trial Court dismissed the case for preemption taking a wrong view that pre-emption was sought f..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
....brahim Bhuiyan and Abdul Jabbar Bhuiyan orally gifted 4.30½ acres of land to their younger brother Abdul Gafur Bhuiyan. The Courts below took into consideration also that in all the records of right this land has duly been recorded in the name of Abdul Gafur Bhuiyan and after his death his he...... others.........................Respondents Judgment May 12, 2014 Result: The petitions are to be dismissed. Where there are ample facts and circumstance before the Court as pointed out in support of the genuineness of this partition deed and where th...... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ...... plaintiffs, therefore prayed for declaration also that the alleged deed of partition dated 15-6-1935 was forged, fabricated, not acted upon and not binding upon the plaintiffs. 7. The trial Court, on consideration of the evidence adduced by both the parties and the facts and cir..Category: Property Law | Date: 12 May, 2014 | Hits: 6
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ...... May 5, 2014. Result: Both the petitions for leave to appeal are dismissed. Cases Referred to- Mohiuddin Khan Alamgir Vs. Anti-Corr......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ......shy;dent and his wife under sections 26(2) and 27(1) of the said Act, 2004 read with section 109 of the Penal Code. After that, the learned Metropolitan Senior Special Judge, Dhaka, sent the case for trial to the Special Judge, Court No. 10, Dhaka wherein it was renumbered as Special Case No.10 of 2..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....istration) Act, 1974, empowers the Government to extend, curtail or otherwise alter the jurisdiction of a Nikah Registrar if and when necessary in the interest of the people and here Government acted rightly and lawfully in the interest of the people. He found it difficult to answer the question as ...... who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the petitioner’s father. The local Chairman requested the Respondent No.3 for appointment of the petitioner as Nikah Registrar for the said Union. The petitioner having requi...... Abul Bashar………………..............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others……Respondents Judgment ......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....d not renew the lease, the petitioner of the Writ Petition No.4608 of 2009 is not entitled to hold the premises and must vacate the same. The petitioner, a habitual defaulter, acquired no vested right in the property. 21. As steps for setting up "Shuchitra Sen Smrity Sangahashala"......ub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4......P Ruddock, 1989 1 WLR 1982; (R Vs. North and East Dewan Health. Authority ex-PCoughlan 2001 QB 213;R Vs. SOS Home Department ex-P Hargreaves, 1997 1 WLR 906; Schmidt Vs. Secretary of State for Home Affairs, 1969 All ER Vol. 1904; Laws LJ in R (Niazi) Vs. SOS for Home Department, 2008 EWCA CIV 755; R......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215. ..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....erty after disposal of the Civil Appeal Nos.201 of 1999 and 202 of 1999 pending before the Appellate Division and, as such, the plaintiff constrained to file the suit for protection of his legal rights. 4. The defendant Nos. 1-5 contested the suit by filing a written statement denying the ......he initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be bur......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ......on was actually present, whether it was sufficient to file the suit etc., being question of fact cannot be decided at the initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Cou..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Parul Nath and others Vs. State, 2014, 43 CLC (AD)
....as modified as under: "It is hereby directed that the seized gold, silver ornaments, cash money and other articles which have been deposited with Bangladesh Bank are to be returned to their rightful owners namely the 46 claimants and other mortgagors in accordance with the record main......inal jurisdiction. The Act, 1974 has provided the Tribunals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not provided the Tribunals with any power to deal w......urt Division in Criminal Miscellaneous Case No.4296 of 2006 and by this Court in Criminal Appeal No.43 of 2009 stand Accordingly. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 77. ...... Act, 1974, there is no provision as to how the property seized in connection with a case under the Act, 1974 or alamots of a case under the Act, 1974, shall be disposed of in case of conclusion of a trial or in a case which ends with the acceptance of a final report and discharge of the accused. Ho..Category: Criminal Law, Property Law | Date: 27 Apr, 2014 | Hits: 8
Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......iled an application under sections 14/17 of the Arbitration Act, 1940 in the Fifth Court of Subordinate Judge, Dhaka, stating, inter alia, that they were appointed as exclusive sales/commission agent for sale of different products of the appellant, Chittagong Steel Mills Ltd. (in short, the Mil......r pre-reference period interest nor pendente lite interest but future interest, i.e., from the date of award till realization of the money and this prayer appears to be in accordance with justice and fairness. 18. Though, neither the Arbitrator nor the trial Court granted interest, the High Cou......mits that the High Court Division awarded 5% interest per annum from the date of the award, i.e., from 7-6-1995 till payment of the amount of respondent-cross-objector, although the trial Court did not grant any interest. He further submits that the High Court Division erroneo..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......ioners. Sikder Mokbul Haque, Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For the Respondent No.1. None Represented—Respondent Nos. 2-33. Civil Petition for Leave to Appeal No. 2340 of 2009. (From the judgment and order dated 17-5-2009 passed by th......ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......issed by the judgment and decree dated 15-6-1986 and against the said judgment and decree, he preferred Other Appeal No.70 of 1986 and, as such, the instant suit is not maintainable. 6. The trial Court upon hearing the parties by its judgment and order dated 17-5-2009 decreed the suit of t..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
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