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Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....rd falls under the purview of section 4(kha) i.e. (B)/9 of the Ordinance and whether prosecution has succeeded in proving the allegation levelled against the accused appellant Islam. 36. Aforesaid provision of section 4(kha) i.e.(b)/9 is as follows: ''4. Penalty of kidnapping or abduction of w......3-1995 and rushed to Puratan Satkhira police camp and interrogated Shikha Rani; that on interrogation, she admitted that at about 9-15 PM when the victim along with her sister Shikha Rani, brother-in-law Niranjan Karmakar, brother Ratan Karmakar and brother's wife Molina Rani were returning home aft..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....and other documents to consider the case. Subsequently, the petitioner also filed another application on 31-8-2004 that the suit for realisation of loan has already been abated according to the provision of section 17(1)(2) of the Artha Rin Adalat Ain, 2003. Plaintiff-respondent No.4 filed an ......respondents to show cause as to 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 Chair..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....7); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so 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......he order or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider the malafides action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because negative declaration has been sought that can be no gro..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
.... with the paper annexed therewith and also examined the contents of the plaint as evidenced by Annexure "A" to the application. It appears that the defendant-petitioners sought for transfer under the provisions of section 24 of the Code on two counts. Firstly, defendant-petitioner Nos. 1-4 as high r......uses shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 7. From a plain reading of the above section, it appears that the relief as contemplated under this provision of law is one of discretionary nature which depends on the satisfaction of the Court. Now the only ques..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......ncellation of the license and seizure of the license, arms and ammunition,
the respondents did not take any step for returning them. Consequently, the petitioner
served a legal notice through his lawyer on 03.07.02 for return of the arms,
ammunition and license but received no response till dat..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
...... 96 of the State Acquisition
and Tenancy Act was appropriate section for filing the pre-emption suit for
agricultural land. The learned lower appellate court and the trial court was
erred in law and committed illegality for not considering this legal aspect of
the case. The miscellaneous..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... 11. Further case is that the post/office of Senior Planner is a Public Office according to Article 102(2)(b)(ii) of the Constitution and, as such, the respondents are to show cause under what provisions of law and under what authority they are holding the office of the Senior Planner. Though......rther case is that the post/office of Senior Planner is a Public Office according to Article 102(2)(b)(ii) of the Constitution and, as such, the respondents are to show cause under what provisions of law and under what authority they are holding the office of the Senior Planner. Though, they were pr..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
.... was returned as undelivered which shows that the defendant-opposite party deliberately with ill motive avoided to receive the notice and therefore, it cannot be said that no notice was served as per provision of section 106 of the Transfer of Property Act. The learned Advocate in support of th......after placing the Revisional 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 ..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... shall be guided by the previous law. The learned Advocate also submits that if the petitioner is convicted, he will have to deposit 50% of the face value of the dishonoured cheque and that such provision cannot be applicable to the petitioner. He lastly submits that the amendment to the N......enefit of section 5 of the Limitation Act. But in case of an appeal filed under section 14 of the Ain, no such benefit can be availed of by the accused simply because the Ain is not only a procedural law but also a special law. Consequently, the right of appeal has been curtailed to a great extent. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
.... the time when his confession was recorded under section 164 of the CrPC. 13. In view of the fact that the learned trial Judge opined that the accused was not a minor, it cannot be said that the provisions of section 66 of the Children Act were contravened. However, when the accused was claimin......, 1974, without corroboration of the fact that he made the confession voluntarily and knowing the consequence of waiving his right to remain silent. ………………(22) Although the municipal law of Bangladesh does not provide for presence of any parent, guardian or custodian at the time of ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....the time when his confession was recorded under section 164 of the Cr.P.C. 12. In view of the fact that the learned trial Judge opined that the accused was not a minor, it cannot be said that the provisions of section 66 of the Children Act were contravened. However, when the accused was claimin......deration the confession of co-accused Dulal Kazi, whose statement recorded by the learned Magistrate under section 164 of the Cr.P.C. was found defective, having not followed formalities laid down by law. Since there was no other evidence incriminating the accused persons, the learned trial Judge ri..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......le in this case as because the plaintiffs has been possessing the suit land as such he need not pray for recovery of khas possession as consequential relief as such the decisions cited by the learned lawyer of the petitioner is not applicable in the instant suit. Thereafter he submits that by now it..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
..... M. Moksadul Islam, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to apply its judicial minds in assessing the evidence and materials on record and the provision of law applicable thereto and to appreciate the facts and circumstances of the case in its...... Islam, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to apply its judicial minds in assessing the evidence and materials on record and the provision of law applicable thereto and to appreciate the facts and circumstances of the case in its true perspec..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
....efended the impugned order allowing rebate. 16. Mr. Zinnat Ali however, readily answered to our query that no such rebate of the construction cost for personal supervision is available under any provision of the Ordinance. Factually, when such construction is stated to be the only business acti......Advocate—For the Respondent. Reference Application Nos. 29-30 of 2003. Judgment Md. Abdur Rashid J— As the parties in the above references are the same and the questions of law referred to are also common, we heard them together and now, dispose of them by this judgment an..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......n the names of the defendant's and they paid rent and payment of rent by the defendants are sufficient evidence of defendants possession in the suit land and the courts below committed an error of law in ignoring those documentary evidence recording finding on plaintiff's possession. The learned..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
...............Appellant Vs. State...............................Respondent Judgment February 14, 2008. Result: The appeal is allowed. Burden of proof The provision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, i......pellant Vs. State...............................Respondent Judgment February 14, 2008. Result: The appeal is allowed. Burden of proof The provision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, in which it is..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....ther, even when a mother is given the custody. Section 17 of the Guardian of Wards Act provides as follows: "(i) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subje......she has attained puberty. The right continues though she is divorced, unless she marries a second husband in which case the custody belongs to the father. ……………………………(24) The law of the custody is not concerned with protecting "proprietary" right asserted by the father over ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......ntested the suit by filing a joint written statement denying the material allegations made in the plaint and contending that the suit is not maintainable in its present form and the case is barred by law of limitation and the plaintiff has got no possession and that the defendants were possessing th..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....d the Court having allowed the said prayer gave direction upon the plaintiffs to file the documents which they failed to comply with, the suit was liable to be dismissed for non prosecution under the provisions of Order XI, rule 21 of the Code, but the Court below sat over the application filed by t........Petitioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that w..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....or 'cancelled' but not 'annulled'. Even if, it is accepted that earlier assessment was annulled then the income of the assessed for the assessment year in question cannot escape assessment. For no provision in the Ordinance could be found to support the contentions of the learned Advocates that ...... Appellate Tribunal. By the impugned order, Appellate Tribunal dismissed the appeal and maintained the order of First Appellate authority. 7. In such circumstances, the following questions of law were referred to this division for determination: (i) Whether the Taxes Appellate Trib..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
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