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Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....orresponding 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. Ed. This Case is also Reported in: 28 BLD (HCD) (200......an 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. Ed. This Case ......rhana-For the Petitioner. None appear-For the Respondents. Writ Petition No.1365 of 2008 Judgment Mohammad Abdur Rashid J.-The above Rule NISI was issued asking the respondents to show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of G...... 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are that..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......ucks under agreement and refused to pay outstanding rest instalments. 9. The first point before us was that the liability, if any, was of a civil nature for which no prosecution would lie. Since according to the petition of complaint the accused petitioner totally denied the receipt of trucks u......………Complainant opposite party 2. The State……………………………….Opposite party Judgment May 18, 2008. Result: The Rule is discharged. Cases Referred to- Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Haq and another, 43 DLR (AD) 173; Rahela Khatun Vs......Penal Code is constituted but the complainant disowned such facts. Such facts absolutely the defence materials and still the same are not the part of the record. Be that as it may, the proposition of law is now well settled that on the basis of the defence plea or materials, the criminal proceedings..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......adesh Citizenship (Temporary Provision) Order, 1972 the petitioners and other Urdu-speaking people who are citizens and were already recognized by the government to be citizens of the country and are accordingly entitled to be enrolled in the electoral rolls; and the Election Commission also felt th......– 6, Sher-e-Bangla Nagar, Dhaka and others……………………………………………..Respondents
Judgment
May 18, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Mohammad Abid Khan and others Vs. Bangladesh and others of writ petition No. 3831 of 2001; Mu......he Election Commission has not appeared. An affidavit-in-opposition on behalf of respondent No.3, the secretary of Ministry of Home Affairs was filed. In the affidavit, it is stated that according to law the Urdu-speaking people living in Geneva Camps are not living temporarily. These camps were set..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....plication and I hold that the plaintiffs failed to make out a case for permanent injunction. The Court of Appeal below, in my view, has not committed any error of Law occasioning failure of justice in allowing the appeal and dismissing the suit of the suit of the plaintiffs."...... 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 accordingly; S.A. Khatian being No.197 and R.S. Khatian being No.1248 were prepared in his name. Ali......itle Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390......ave petition was dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was not main&sh..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......………Accused petitioners Vs. The State……………………………Opposite party Judgment May 13, 2008. Result: The Rule is made absolute. Cases Referred to- Harun Howlader Vs. The State, 36 DLR 21; The Public Prosecutor Vs. George Williams alias V......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......s relied on the decision reported in 49 DLR 531. 7. On the other hand, Mr. M. Saleem Ullah, the learned Advocate appearing for the respondent Nos.1-2, supports the impugned order, which was according to him just, correct and proper. The learned Advocate in the course of argument has taken......etitioner. M. Saleem Ullah, Advocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adala......by the respondent No.3, Artha 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,..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ct of conviction and sentence awarded upon convict appellant Kazi Islam can be sustained in law evidence, materials on record, facts and circumstances of the case and also in the true dispensation of justice; and 3.Whether the convict appellant can be liberated of the charge levelled against him......d that he gave proposal to marry his sister-in-law, the victim Rina Karmakar, but his wife and Rina Karmakar denied that proposal, then Niranjan Karmaker decided to marry the victim forcibly and that accordingly he made a conspiracy with Abdur Rahman, Kazi Islam, Dolan and Kumu that on 25-3-1995 the...... Kazi Ramimul Islam......................Appellant Vs. State………………………..Respondent Judgment Judgment May 4, 2008. Result: The appeal succeeds. Cases Referred to- Mahiruddin Mondal Vs. State, 57 DLR 779; Toyezuddin Pramanik Vs. State, 1981 BLD 433; Gaziur ......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: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....ct of conviction and sentence awarded upon convict appellant Kazi Islam can be sustained in law evidence, materials on record, facts and circumstances of the case and also in the true dispensation of justice; and 3. Whether the convict appellant can be liberated of the charge levelled against hi......d that he gave proposal to marry his sister-in-law, the victim Rina Karmakar, but his wife and Rina Karmakar denied that proposal, then Niranjan Karmaker decided to marry the victim forcibly and that accordingly he made a conspiracy with Abdur Rahman, Kazi Islam, Dolan and Kumu that on 25-3-1995 the......i Master Vs. State 1985 BLD 318 and Mirazul Islam Vs. State 41 DLR (AD) 157. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocates-For the Appellant. SM Shahjahan Kabir, Assistant Attorney-General- For the State/Respondent. Criminal Appeal No.2565 of 1998. Judgment Siddiqu......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)
....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. ......ter of Machinery 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-responde...... This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......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)
....le. 7. Mr. Mir Md. Joynal Abedin, the learned advocate for the petitioners, submits that the Courts below have committed error of law resulting in an error in the decision occasioning failure of justice and erroneously decreed the suit. He next submits that the Courts below wrongly treated the ......Tribunal, the plaintiff had to institute the present suit for simple declaration. 4. Defendant Nos. 1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of es....... Md. Abdur Rahman ………………............................................Opposite Parties Judgment April 24, 2008. Result: The Rule is discharged without any order as to cost. The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Rel......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)
....000. She further submits that the plaintiff-opposite party is also an inhabitant of Satkhira town which is far away from Sylhet and thus for the convenience of both the parties and in the interest of justice the suit may be transferred to the judgeship under district Dhaka otherwise the defendant-pe......, the grievance of the learned Advocate does not find any leg to standup. Considering all these aspects of the case, We are constrained to hold that there is no merit in this Rule, which must fail accordingly. In the result Rule is discharged without any order as to costs. Order of stay grante......under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet for transferring it to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted......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.
......oncerned officer-in-charge of the Police Stations of Chittagang to seize
all the license, arms and ammunition of his area under section 26 of the Arms
Act and keep them in custody and inform him, accordingly. Said letter appears
to have been issued upon the petitioner on 13.04.02. Only reason f......s Act, 1878 (Act No. IX of 1878);
section 26
Deputy Commissioner or Officer-in-charge
of a police station is not government for the purpose of cancellation of arms license
Failure to deposit the arms
only, even with the knowledge of any notification for surrender of the arms,
d......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.
......99,000/- and since she was the
women and the negotiation for sale was made with her husband and the contiguous
land owners showed their disinterest or unwillingness to purchase the said
land and accordingly a bainanama was
executed between the pre-emptee and the opposite party No.2 on 16.2.199......…………………………………………………………………………Opposite Parties
Judgment
April 9, 2008.
Result:
The Rule is
discharged.
Cases Referred to-
Md. Abdur Rouf and
others Vs. Mahmuda Khatoon and others, 1 BCR (AD) 194; Akhlasur Rahman ...... 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)
....মাপ্তি ঘোষণা করেন। (মোঃ আমিনুর রহমান) সচিব” 14. Being aggrieved by the said decision the petitioner served a demand of justice notice on 22-3-2004 and subsequently filed instant writ petition and obtained Rule. 15. M...... dwellers throughout the country in ensuring that qualified persons are being appointed by way of promotion or otherwise to work in the posts of Senior Planners to the Urban Development Directorate according to object and policy of the Gazetted Officer (Urban Development Directorate) Recruitment R...........................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule is discharged. Cases Referred to- Mir Ghulam Hussain Vs. Union of India, AIR 1973 (SC) 1138; King Vs. Speyer and King Vs. Casse......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)
....;tion 106 of the Transfer of Property Act. In my opinion the learned Judge, in arriving at the said finding, committed no error of law which can be said to have been occasioned a failure of justice." 32. On an analysis of the aforesaid decision, I am led to hold that in t......the shop room let out to a tenant involves element of must have and constitutes bona fide requirement. Thus, we do not find any reason to uphold the judgment and order of the learned Single Judge and accordingly we set aside the same and restore those of the learned S.C.C. Judge and Assistant J......osite Party Judgment March 27, 2008. Result: The Rule is made absolute. The Transfer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse ......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)
.... Court of Sessions instead of a Court of Magistrate not inferior to that of a Metropolitan Magistrate or Magistrate of the First Class. If a case is tried by Court of Sessions, the cause of justice will be better served as the Sessions Courts are manned by senior judicial officers unlike t...... law. Consequently, the right of appeal has been curtailed to a great extent. Therefore, the embargo imposed on filing of the appeal by depositing 50% of the face value of the dishonoured cheque according to the newly inserted section 138A of the Negotiable Instrument Act cannot be said to have......Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. Result: The Rule is discharged. Accuser’s right to file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC th......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)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......…………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), section 66 The Code ......used at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsel......, 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)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ...... order of conviction and sentence passed against accused appellant Jaibar Ali Fakir is hereby set aside. The appellant is acquitted of the charges levelled against him. Jail Appeal No.4954 of 1991 is accordingly disposed. 27. Let a copy of this judgment be communicated to the Ministry of Law Jus.......4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Khan, Assis......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)
....wer appellate Court while reversing the judgment of the trial Court did not refer the evidence on record in reversing this finding of the trial Court as such committed an error occasioning failure of justice which is liable to be interfered by this Court. The learned Counsel finally submits that the......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. ......………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Result: The Rule is discharged. Cases Referred to- Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 2 BLC (AD) 33; Munsur Ali Ma......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)
....n view the 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: 21 BLT (AD) (2013)11.......n view the 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: 21 BLT (AD) (2013)11.......dgment February 19, 2008. Result: The petition is dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts apparent to the complaint petition.......................(6) Lawyers Involved: M. Moksadul Islam, Advocate ...... 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
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