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Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....; Md. Fazlul Karim J.- This petition for leave to appeal at the instance of the plaintiff is directed against the impugned judgment and order dated 31‑5‑2001 making the Rule absolute, dismissing the suit, setting aside the judgment and decree of the Courts below decreeing the......er formality, except notice to the parties and a rehearing on the point of change should that be necessary, provided it has not been signed. Another is that after signature a review properly so‑called would lie in civil cases but none in criminal; but the review, when it lies, is only permitte......dvocates of the parties and made the Rule absolute dismissing the suit directing defendant to deposit Taka 85,000 being Taka 50,000 as earnest money and Taka 35,000 solatium within four months in the trial Court and the plaintiff will be at liberty to withdraw the same and in default the petitioners...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....e petition is dismissed. Fugitive from law A fugitive has no right to seek any kind of redress as against his grievance, if any, against the judgment and order of a Court convicting him to imprisonment…………………...(5) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑F......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......ivision in any manner and consequent thereupon discharged the Rule without entering into the merit of the Rule. The High Court Division by the same order directed the convicts to surrender before the trial Court to serve out the unserved portion of the imprisonment. 4. Mr. Md. Nawab Ali, learned ......is Case is also Reported in: 55 DLR (AD) (2003) 131. ..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....n, Dhaka............Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka........Opposite Parties Judgement December 11, 2001 Result: Rules are made absolute. Code of Criminal Procedure, 1898; Section 439 & 202(Chapter-XVI) Constitu......because of administering and dispensing real and substantial justice, the Court alone exist and there is no species of injustice where the High Court Division cannot correct where its interference is called for. Hencefoth, the Judicial Inquiry will be performed by metropolitan Magistrate Dhaka ......ction does not require any adjudication to be made out about the guilt or otherwise of the person against whom the complaint is preferred. The inquiry does not partake the character of a full dressed trial which can only be taken place after process are issued under section 204 of the Code of crimin......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....er, submits that the case is pending before the learned Metropolitan Sessions Judge for about 930 days from the date of receipt of record by that court and out of 75 witnesses only six witnesses have so far been examined. The learned Advocate submits that the trial started before the learned Session......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......aders inside the jail on the night following 3‑11‑1975. Thereafter on completion of investigation police submitted charge sheet against this appellant along with others who are now facing trial in the aforesaid Sessions Case and by this time 7 witnesses have been examined. The appellant ...... parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossa..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....J Bangladesh Legal Aid and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: The Rule is made absolute. Cases Referred to- State Vs. Deputy Commissioner, Satkhira and others, 45 DLR (HCD) 64......e children should be released on bail instead of being subjected to incarceration in jail.” 8. In the People’s Republic of Bangladesh, “The Children Act, 1974” (XXXIX of 1974) (hereinafter called the Act) came into effect for Dhaka District vide Notification dated 11-09-1967 and for all o......lam Khandakar, Deputy Attorney General- for the Respondents. Writ Petition No. 1341 of 2000 Judgment Md. Arayes Uddin J.- Rule was issued calling upon the respondents to show cause why the trial, conviction and sentence of the child to imprisonment for life inflicted by the Courts and Tri......02, 206; 7 BLC (2002) HCD, 85. ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....e appeal is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and sentenced to imprisonment for two years or more he incurs disqualification under Article 66 and shall vacate his seat ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......ll definitely come within the ambit of moral turpitude. There is absolutely no doubt in the same. The petitioner was the President of this country when he committed the act for which he was placed on trial and convicted and accordingly sentenced. 14. Mr. Rokanuddin Mahmud, learned Counsel...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001. Result: The appea..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
....petition for leave to appeal is directed against judgment and decree dated 24th February, 1998 passed by a Single Bench of the High Court Division in Civil Revision No. 3165 of 1994 making the Rule absolute on setting aside the judgment and decree passed by the learned Subordinate Judge, 4th Court, ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......, 2001. The Specific Relief Act, 1877(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the title of the respective parties. ......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Golam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Chief Engineer, C & B and another ................... Petitioners Vs. Shah Hingul Mazar Sharif and others.............Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
.... stating, inter alia, that land described in Schedule 1 belongs to him and to his two other brothers and that upon amicable settlement with the brothers, (defendant No. 2) as well as with the predecessor of defendant Nos. 5-9, got in his exclusive share the land described in Schedule 1(a), that he a......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......iff and the defendant No. 2 have no possession in the land in suit and that the defendant No. 1 is in possession of the land in suit. 4. The suit was dismissed by the trial Court on the findings (as to the relief as regard the land of schedule 1(a)). “It has be......nbsp; Dudu Mia and others.........................................................Appellants ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....g which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly abse......acts of the case the learned Judges of the High Court Division took a too drastic step of punishing the appellant for contempt of court being a little touchy and unduly sensitive which was not at all called for in this case.” These are the most appropriate observations ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......; Suhel Ahmed Chowdhury .....................Appellant Vs. Salahuddin Ayubi and others...............Respondent Judgment&nbs..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....lthough they were found dispossessed from the entire property during the pendency of the suit. 2. In the year 1976 Taizuddin Bhuiyan and his wife Faizunnessa, predecessors of the appellants, instituted a suit for declaration of title in respect of entire suit land me......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......to the plaintiff within 30 days of the decree by an order of permanent mandatory injunction and an appeal therefrom was, however, allowed in part setting aside the impugned judgment and decree of the trial Court but declaring the right, title and interest of the plaintiff to the extent of 2 annas sh......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Sahera Khatun and others…………………..Appellants ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....p;……..…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneo......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......lation of bail necessarily involves the review of a decision already made, and can by and large be permitted only if, by reason of supervening circumstances. It would be no longer conducive to a fair trial to allow the accused to retain his freedom during trial. Generally, grounds for cancellation o......le issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
....fendants. 2. The short fact leading to this petition is that, the plaintiffs instituted the aforesaid SCC suit for eviction of the defendants and their case is that defendants predecessor late Abdul Latif was an ejectable monthly tenant of the suit shop premises initially at a rental...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......t Division and submits that the High Court Division failed to consider the case of the plaintiff-petitioners property and wrongly found the bonafide requirement was incidentally prayed for before the trial Court. 7. We have gone through the judgment of the High Court Division as well...... Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Fazlul Karim J Abdur Noor and others……………………Petitioners Vs. Mahmood Ali and others..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... (ii) To pass necessary order or orders directing the defendants as per report of defendant No. 2 Chief Engineer, Housing and Settlement, Segun Bagicha, Dhaka vide Memo No. 3/344/1007 dated 7-5-92, also to make further direction to the defendants that in view of the plaintiff’s social and fina......be exhibited, even then, we are of the view that the learned Subordinate Judge should not have marked them as exhibits, as firstly, these documents are photo copies of the originals of which were not called for and secondly, these documents are confidential official letters beyond the access of the ......red Title Appeal No. 231 of 1997, which was heard by the 1st Court, of Additional District Judge, Dhaka, who by his judgment dated 11-3-99 dismissed the appeal and affirmed judgment and decree of the trial Court. 7. Mr. Mihir Kanti Majumder, the learned Deputy Attorney-General appearing for the......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. ……………&hel......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ...... Judgment January 15, 2001. The Code of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shi......; Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hosna Ara Begum and others .........Appellate Vs. Montaj Ali and others...............Respond ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....pu…………………………Petitioner Vs. Syed Abu Siddique……………………………Opposite party Judgment November 16, 2000. Result: The Rule is made absolute. When claims of the parties are to be settled on the basis of accounting, the li......li - For the petitioner. S.N. Goswami - For the opposite party. Criminal Miscellaneous Case No.5909 of 1999. Judgment Md. Hamidul Hague J.- By this Rule the opposite party was called upon to show cause as to why the proceedings in C.R. case No.3643 of 1998 (T.R. No.92/88) no......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......rties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is binding of both the parties. Any failure on the part of a party will be a civil liability and cannot be considered as a criminal offence............................(5) Lawyers Involved: ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....abor PS Mohammadpur, Dhaka, was owned by Mr. MS Islam who by baina dated 15-4-80 agreed to sell the Suit land along with other lands to Mr. Mohshahid Ali Chowdhury, the father of the plaintiff, and also received Taka 8,50,000.00 as part of the consideration money but subsequently, Mr. MS Islam, whil......d so the inspection as prayed, is necessary and the learned Assistant Judge, on consideration of the documents produced before it, passed the impugned order and accordingly, no interference is at all called for. Mr. Chowdhury next submits that the plaintiff on one hand, claimed possession of the sui......etitioner was neither irrelevant nor unnecessary. Rather, it appears that it is necessary to avoid future complication. The High Court Division accordingly, did interfere with the order passed by the trial Court allowing the plaintiffs prayer for inspection.” 8. In the present case the pl...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....iction relying on such a statement was not legal and further, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examined in the Court and deposed as P.W.4, it was not proper on the part of the trial Court to r......etitioner. Nikhilesh Dutta, Deputy Attorney-General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ......েষ আদালত, নড়াইল in নারী ও শিশু নির্যাতন Case No.4 of 1998 should not be quashed. 2. It appears that the present convict petitioner faced trial in the above case and he has been convicted under section 8(2) of the নারী ও শি......General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ও শিশু নির্যাতন দম..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....n J ABM Khairul Haque J State …………………………………………………………Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgment May 4, 2000. Cases Referred To- Rahmat Box Vs. State 22 DLR 482; Nurjaha......chula’ inside the hut. The witness has denied defence’s suggestion that at the time of incident Babul was in his shop. The witness has stated that Taslima was treated by villager doctor on being called by the accused. 9. P.W.2, Anwar Hossain, who accompanied P.W.1 in the morning of Saturday ......re sent to the Nari-o-Shisu Nirjatan Daman Bishes Adalat, Chandpur, hereinafter in short the Adalat, and thereupon Nari-o-Nirjatan Daman Bishes Case No.16 of 1997 was registered. 6. At the time of trial charge was framed against accused Babul Hossain, Sufia Khatoon and Abdul Latif under section 1......soner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment Md. Ruhul Amin J.- Learned Judge of the Nari-o-Shisu Nirjatan Daman Bishes Adalat Chandpur in brief the Adalat, upon convicting the appellant-condemned-prisoner Babul Hossain and absco..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
....00
Judgment
Mohammad Gholam Rabbani J.- The instant suo motu Rule has arisen upon a news published in the daily Banglabazar Patrika on 02.12.2000 which briefly is this. Sahida, wife of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the ......of Saiful (son of Golam Mostafa), of village Atitha within Kirtipur Union Parishad under Sadar Upazilla of the district of Naogaon, was forced to marry her husband’s paternal cousin Samshul on a so-called fatwa by Hazi Azizul Huq that her marriage had been dissolved consequent to an incident of ab......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
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Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....nd the asessee disclosed net profit of Taka 2,78,17,766/- which however, was assessed at Taka 2,95,35,926/- by the Deputy Commissioner of Taxes including an income of Taka 94,18,413/- from other sources other than the income derived from commercial operation. The Deputy Commissioner of Taxes a......eated as a company for the purpose of assessment of Income Tax. The assessee company obtained tax holiday benefit under the provisions of Section 45 of the Income Tax Ordinance, 1984 (hereinafter called "the Ordinance") for a period of 9 years commencing from 1st of October, 1983 subject to ......759/- as "income from other sources" which includes interest income. 6. The reference application No.32/94 relates to the assessment year 1989-90 and in that assessment year income from industrial undertaking was disclosed at Tk. 5,32,13,051/- but the Deputy Commissioner of Taxes assessed......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
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