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Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, o......against the accused petitioner under section 302/34 of the Penal Code by the impugned order dated 05.05.1997 and there is no legal scope to interfere with the impugned order. 9. The only point for determination is whether the impugned order dated 05.05.1997 is legal which has caused any miscarria..Category: Criminal Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......nt as under:
"In the instant case the provision of the section 28 can not be applied inasmuch as the limitation of 6 years expired prior to promulgation of the new Act, Artha Rin Ain 2003 the same principle is also applicable in this case which means that section 28(4) of the Ain, 2003 can not be......Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respondent No.3 Agrani Bank as plaintiff file......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ontention that the respondents are not entitled to get any order of temporary injunction he relies on the decisions reported in 33 DLR (AD) 298, 15 BLD (AD) 47 and 17 BLD (HCD) 204 and relying on the principles of law laid down in these decisions he most emphatically submits that in passing the inst......ith T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (here......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ated that Government after leasing out 0.32 acres of land, still possess 0.11 acres of land and no encroachment would be made in delivering the said land to respondent No. 6. 12. It is the settled principle of law that disputed question of fact cannot be gone into in writ jurisdiction. What is me......ts and taking of elaborate evidence.………………..(12) Conduct of writ petitioner In invoking the writ jurisdiction, the writ petitioner's conduct must be clear and clean. The seeker of enforcing fundamental right must be of clean hands. The invoker should not move to any jurisdiction be......ire investigation into facts and taking of elaborate evidence. 13. in that view of the matter, we find no substance in the Rule. 14. Before parting with the decision, another question calls for determination. From the writ petitioners' own version it appears that they moved the Civil Court for..Category: Property Law | Date: | Hits: 69
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......tity like BGMEA is untenable in the eye of law. 2) Where lands are not utilized for the purpose for which it was acquired, it has to go back to the original owner (3 BLC page 18). This established principle of law rendered the purported transfer even to EPB void ab initio, let alone BGMEA. 3) ......Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additiona...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......01 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with concurrence of the pre-emptors and as such the claim of the pre-emptors are barred by principle of waiver, estoppel and acquiescence. 6. Against the said judgment and order passed by ......The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.0......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......granted by the Court for doing of an act, the Court may, in its discretion, enlarge such period of time even after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed ......e of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......nal case No.578 of 2010 should not be set-aside and directed to opposite parÂties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case was registered as......uires determinaÂtion as to whether the order of judicial custody of victim Mosammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determination of the above factor, it is be seen whether the victim girl is a minor or not and for t..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......titioner to that effect has got no substance. 21. It appears that the order dated 25.7.2004 has been challenged by the petitioner virtually it is a judgment of the Artha Rin Adalat but the settled principle of law is that a judgment debtor is required to file appeal in compliance with the provisi......isdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003………………………......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......tion and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) Cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted pe......inal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) ......e common intention of all, each of such persons is liable for that act in the same manner as if it were done by him along." 34. In view of the provision of law and evidence adduced, the points for determination are: (i) How far the prosecution has succeeded in driving home the charge to the do..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......the investors to believe that bonus shares may be issued against all Mutual Funds and hence heavy investment in Mutual Funds followed. 6. On 26.6.2008, when Respondent No.1 at a meeting decided in principle to amend its existing mutual fund rules to bar Mutual Funds from increasing their size by ......ties and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the Rules) prohibiting Mutual Funds to issue bonus or rights shares. On 20.6.2008, after a meeting of Respondent No.1 its spokesman informed the reporters that there would be some alterations in the SEC (Mutual Fund) Rules, 2001. One ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ctions 302 and 34 of the Penal Code. 29. In the case of Islamuddin (Md.) alias Din Islam Vs. The State, 13 BLC (AD) 81, it was observed by the Appellate Division as follow: “It is now settled principle of law that judicial confession if it is found to be true and voluntary can form the sloe ......……………………..Appellants Vs. The State…………………………….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give informati......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......us The Chairman, National Board of Revenue and others in Writ Petition No.5458 of 2004, Writ Petition No.5459 of 2004 and Writ Petition No.5872 of 2004 and a DiviÂsion Bench of this Court set up the principle that the petitioner as registered commercial importer and trader are not required to pay a......r received all shipping documents covering the Commercial Invoices, Bills of Lading etc.
6. It is stated that usually in case of charter vessel the importers are bound to submit Bills of Entries before arrival of the ship on the basis of Import General Manifest (IGM) under Section 79 of the Custo......s liable to pay VAT on importation and also liable to pay VAT on supply stage when the imported goods are being sold to others.
19. It is further stated that Section 5 of the said Act provides for determination of value for
HC-45fixing the Value Added Tax, Sub-section (2) provides that VAT has..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......lenged. 9. Mr. Kamal-ul-Alam, learned Advocate, referred to the decision of Sonali Bank Vs. Hare Krishna Das, reported in 49 DLR 282 where their lordships observed that— "The liability of the principle debtor is coÂextensive with that of the guarantor. A creditor is at liberty to pursue eit......Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water DevelopÂment Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....he affirÂmative because a proceeding under that proviso would not be a legally drawn up proceeding unless the special circumstances existed. The overriding consideration of an emergency would be the guiding factor in giving jurisdiction to the Magistrate to pass an order because an order passed und......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. 2. Facts leading to this Rule in short are that the petitioner as first party filed the petition before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proÂceeding against the se......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ...... 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half the length of the tenant under section 106 of the Transfer of Property Ac......a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease period, section 106 is complied with and in fact, more than complied with..Category: Property Law | Date: | Hits: 73
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal(authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detaiÂning authority has ...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion of an employee in the service of the Republic has also been decided by the apex Court. It has been rightly submitted that the Mujibur Rahman's case reported in 44 DLR (AD) 111, has laid down the guiding principle in this respect. Relying on the said decision, subsequently, the Appellate Divisio......an employee in the service of the Republic has also been decided by the apex Court. It has been rightly submitted that the Mujibur Rahman's case reported in 44 DLR (AD) 111, has laid down the guiding principle in this respect. Relying on the said decision, subsequently, the Appellate Division in the......esult: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parliamen....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... why they should not be". In the case of Delhi Cloth and General Mills Co., Ltd. Vs. Income Tax Commissioner,Delhi. A.I.R. 1927 PC 242 their Lordships of the Judicial Committee observed, "The principle which their Lordships mast apply………has been authoritatively enunciated by the Board ......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until......bts always rests on the prosecution and on its failure it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in......and competent witnesses and there is no internal point of falsehood in their evidence on any point and as such the impugned Judgment calls for no interference by this Court. 13. The only point for determination in the appeal is whether the learned Additional Sessions Judge, 3rd Court, Rangpur is ..Category: Criminal Law | Date: | Hits: 74
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