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Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......rther submits that the findings of the trial Court on the point of possession of the plaintiffs in the suit land is not only against the weight of evidence on record also contrary to the well settled principle of law inasmuch as admittedly in the present case the S.A. and R.S. record was prepared in......s of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiff......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......be borne in mind that generally local investigation by an advocate commissioner is allowed to relay any land or property in order to determine the location of the suit property. It is the established principles of law that the court is required to dispose of the local investigation matter before pos......dated 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 ......of plaint stating that the claimed 4½ Kathas of land of the plaintiff situates at the extreme North of SA plot No.355 having its Municipal holding No.28/8/1 Mohakhali, Dhaka. 6. Now the point for determination is whether the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, ..Category: Property Law | Date: | Hits: 84
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......in favour of Kofiluddin was subsequently cancelled by the Memo dated 19.12.1996 and therefore, issues in both the writ petitions are virtually same and as such the instant writ petition is hit by the principle of res judicata. Mr. Ahmed further submits that the writ petitioners obtained Rule in the ...... acres at Mouza Ibrahimpur, Dhaka Cantonment, Dhaka which was acquired by the Government in L.A. Case No.159/61-62. The said Abeda Khatun being an affected person filed an application in 2 prescribed form to the Assistant Commissioner of Housing and Settlement (now National Housing Authority) on 16.......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ...... own personal use without performance of any reconstruction work under the project has no value in the eye of law unless the allegations are substantiated by credible evidence. 18. The established principle of criminal jurisprudence is that the prosecution is to prove its case beyond all reasonab......on can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction………………………(39) Case Referred to- Syed A......udgment and order dated 04.10.2000 passed by the learned Divisional Special Judge, Chittagong Division, Chittagong in Special Case No.35 of 1997 the convict preferred this appeal. 12. The point of determination is whether the judgment and order dated 04.10.2000 passed by the learned Divisional Sp..Category: Criminal Law | Date: | Hits: 76
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ing him any opportunity of being heard cancelled his license forfeiting the security money in utter violation of section 14 (1) of the Ordinance. The impugned order having been passed in violation of principle of natural justice is without lawful authority. 5. In course of hearing, Mr. A. M. Amin......g agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. 2. Facts leading to this Rule, in brief, ar......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......ts that although the stoppage of payment of the Government portion of the salary is a punishment but before imposing such punishment the respondents did not issue any notice thereby they violated the principle of natural justice. The decision of withholding the payment of Government portion of salar......he petitioner then contacted the Principal of the College who showed him the Monthly Payment order of May, 2005 wherefrom he found that there is a remark in M.P.O. sheet with the effect "stop payment for teachers and employees". The petitioner submitted representation to get release of the monthly p......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......uit land under law. It appears this is not the case of either of the parties and as such this finding is, in my opinion, unwarranted in the facts and circumstances of the case. 10. The established principle of law, in a suit for Specific Performance of Contract, is that the plaintiff is to prove ......the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,00......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......nstitution. 18. As to the decision in the case of Abdul Awal Talukder Vs. Government of Bangladesh & others reported in 25 BLD (AD) 152, it has been held in paragraph 6: "6. It is a settled principle of law enunciated in the case of Golam Murtaza Bhuiyan and others Vs. Bangladesh reported ......স্থাসবি/ইপ/অভন-০৩/২০৭/৩২৯ dated 23.04.2009 passed by the respondent No.1 and issued under the signature of the respondent No.2 granting administrative approval for construction of new Biaghat Union Parishad Complex Bhaban at Jogandronagar (Annexure-'G') should......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......ould not dismiss a suit on the ground that the plaint was not duly signed and verified, for such a defect does not affect the merits of the case or the jurisdiction of the Court.” In view of the principles laid down in the aforesaid reported decisions it can be said that the defect or irregular......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......bours from childhood of them. Trial Court after vivid discussion of the evidence on record, both oral and documentary, believed the case of the plaintiff and decreed the suit. 6. It is the settled principle of law that trial Court always has an opportunity to consider the litigation from a very c......evision is directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..Category: Family Law | Date: | Hits: 122
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ......s under Section 342 of the Code the razor was not put to them as a circumstance. Thereby the accused appellants were not given any chance to explain my circumstance against them. It is an established principle of law that an examination of an accused under Section 342 of the Code is not an idle form...... March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accuse......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ful manner'. Use of the expression 'in any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expre......cordingly submits that, the learned Magistrate has rightly framed the charge against the accuseds under section 406/420 of the Penal Code, hence the rule his liable to be discharged. 6. Points for determination before us is to decided as to whether the impugned proceeding amounts to abuse of the ..Category: Criminal Law | Date: | Hits: 116
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......of the process of court and liable to be quashed for ends of justice. 8. Mr. Abdul Baset Majumder the learned Advocate of the opposite party No.2, on the other hand, submits that it is established principle of law that in the petition of complaint under section 138 of the Negotiable Instrument Ac......R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.2000 and subsequently executed an agreement on 18.05.2000; that in the course ......eeding in Sessions Case No.1351 of 2007 cannot be quashed. Hence the application under section 439 of the Criminal Procedure Code is liable to be discharged. 9. The only question that survives for determination in this rule is whether the order NO.09 dated 02.03.2008 in sessions case No.1351 of 2..Category: Criminal Law | Date: | Hits: 107
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......ecision so as to reach finality in the matter of a dispute between the same parties or litigating under the same parties. The Doctrine, thus, is to achieve finality of dispute between parties being a principle of prudence so as to give efficacy to a finding of Court rather than permit the parties go......same issues over again. Judicial verdict has its special sanctity and cannot be subject matter of discussion at any future time involving identical or similar issues. Res judicata, thus, is a special form of estoppel…………………………………..(8) The Code of Civil Procedure, 1908 (A......urt of land i.e. Appellate Division, cannot be allowed to be re-opened by plaintiff-opposite party on laying a fraudulent, misconceived and fancy suit. 6. The kernel question that survives for determination in this Civil Revision Case is, whether the plaint presented by plaintiff-opposite p..Category: Property Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... underArticle 226, the High Court has jurisdiction to try issues both offacts and law. Exercise of the Jurisdiction is, it is true,discretionary, but the discretion must be exercised on soundJudicial principles. When the petition raises questions of fact ofcomplex nature, which may, for their determ......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ...... the interest of justice so warrant, take evidence, and can ask a deponent toproceed with verbal elaboration and that is consistent with theHigh Court Rules which provide; “all questions arising fordetermination of such petition shall be decided upon affidavits. 41. But the Court may direct tha..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....tressed or a Temple or Monastery is dedicated to pious purposes or when somebody is entrusted with the duty or perfuming any pious act, then a trust, properly speaking, can come into being. The rules guiding these institutions of diverse types which have their origin in customs and usages followed b...... some other person shall, by suit, have established his right of succession to the said office. 19. Now let us turn to Order XXII, rule 10 of the Code of Civil Procedure. This rule is based on the principle that the trial of a suit cannot be arrested merely by reason of devolution of the interest......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......otice, the authority concerned had not yet arrived at as to any evasion of VAT by the petitioner." 13. We are in respectful agreement with the observations made in the decision cited above. This principle was also applied in the case of Hotel Zakaria International Vs. National Board of Revenue,...... under the said Act. The interpretation of the VAT Act shall have to be on a different footing and cannot be equated in a generalized manner. The VAT authority by any stretch of imagination cannot go for an action under section 37 of the VAT Act, which is a penal provision and which can be exercised......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......consideration and to treat it to be complete law declared by Court……………………………………(18) Administration of Criminal Law and Justice Delivery System Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innocence of all......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it......vorced from the context of the question under consideration and to treat it to be complete law declared by Court. 19. In the wake of vier contentions advanced from Bar the points which outlast for determination are: I. How far the prosecution succeeded in driving home the charge to the doors o..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......area 5.17 acres out of 5.58 acres being demarcated. Since incorrect entries and non entry of the names of the plaintiffs in the said RS khatian and mala fide claim of interest in the suit land by the principle defendants, a cloud was created over the right, title and interest of the plaintiffs in th......asuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possession, sh...... it has been held in unmistakable terms that the High Court Division exercising power under article 102 of the Constitution does not work as a Court of Appeal and, as such, it is not required to make determination of facts on its own. It can interfere with the findings of Court of facts under its ex..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......spute with the buyer as to the performance of the contract of sale being used as a ground for nonpayment or reduction or determent of payment…………………” To this general statement of principle as to the contractual obligations of the confirming Bank to the seller, there is one estab...... in the country of export. It may be noted here that where an irrevocable credit is confirmed by an intermediary bank, the later assumes a direct liability to the seller and looks to the issuing bank for indemnity. Therefore, in a typical commercial credit and transaction, there are several types of......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
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