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Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....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......s also Reported in: 13 BLC (HCD) (2008) 572. ......spondent Nos. 3 and 4. Writ Petition No.2547 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the 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..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....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...... 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 or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert......s Vs. 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 Spe..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)
....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......e is also Reported in: 14 MLR (HCD) (2009) 476. ......t Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....ncellation of the license and seizure of the license, arms and ammunition,
the respondents did not take any step for reÂturning 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......Road, Chakbazar, PS-Pachlaish,
Chittagong……………………………………………….Petitioner
Vs.
Secretary, Ministry
of Home Affairs, Government of Bangladesh, Ramna, Dhaka and
others………………………………………………………………………..Respon......bdur Rashid J.- The above Rule NISI
was issued against cancellaÂtion of the license for holding arms and also
seizure of the licensed pistol of the petitioner along with ammunition pursuant
to an order dated 27.03.02 of respondent No.2, the DepÂuty Commissioner at
Chittagong at the inÂstance ..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
.... 96 of the State AcquiÂsition
and Tenancy Act was appropriate secÂtion for filing the pre-emption suit for
agriculÂtural land. The learned lower appellate court and the trial court was
erred in law and comÂmitted illegality for not considering this legal aspect of
the case. The miscellaneous......d. Dabirush-Shan J
Most. Rafika Begum……………………………………………………………..Petitioner
Vs.
Md. Mohammad Ali
Sheikh being dead his heirs Most. Asia Bewa and
others……………………………………………………………………………â€......Civil Revision No.593 of 2004.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.-This Rule was
issued calling upon the opÂposite party No.1 to show cause as to why the
impugned judgment and order dated 5.2.2004 passed by the learned Joint District
Judge, 2nd Court, Gaibandha in Miscellane..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ...... junior planners filed any writ petition against the respondents. Nor they filed any applicaÂtions before the Administrative Tribunal. The further case of the respondents is, that since the impugned order has already been acted upon. The respondents have got vested right over their promotion. The f..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....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 ...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......he defendant was a defaulter inasmuch as he did not pay any rent since December, 1998 to February, 1999 and thereafter, the defendant on pretext started to pay the rent through postal money order. Mr. Mohammad Ali further submits that the judgment of the learned S.S.C. Judge is not based o..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. ......A has been inserted by Act No.111 of 2006 as under: "138A. Restriction in respect of appeal-Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no appeal against any order of sentence under sub-section (1) of section 138 shall lie, unless an amount of not less ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
...., 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 ...... Fakir…………………………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), se......peal No. 4953 of 1991 (Dhaka) with Jail Appeal No. 4954 of 1991 (Dhaka). Judgment Md. Imman Ali J. - This appeal preferred by appellant Jaibar Ali Fakir is directed against the judgment and order of conviction and sentence dated 23-9-85 passed by the learned Additional Sessions Judge-in-Ch..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....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.............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. Â The judgment and order of conviction and sentence is set aside. Â Jail Appeal No.4954 of 1991 is disposed. .........Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. Â The judgment and order of conviction and sentence is set aside. Â Jail Appeal No.4954 of 1991 is disposed. Case..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....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......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......case having been concluded on finding of facts as such no interference is called for in revision under Section 115 of the Code of Civil Procedure. In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
.... 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...... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md.Hassan Ameen J Mrs. Rehan Parvin @ Shohely Parvin…………………...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. ......s. Criminal Petition for Leave to Appeal No.456 of 2006. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal at the instance of the petitioner is directed against the judgment and order dated 30.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No.3845 of 2..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
....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......lip;…………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any cons......d. 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 and order. 2. The questions of law referred to this Division for determination are as follows: ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....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......also Reported in: 13 MLR (HCD) (2008) 193. ......passed by the, learned Assistant Judge, Atowari, Panchagar in Other Class Suit No.19 of 2003 decreeing the suit in favour of the plaintiff should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. The opposite party Nos. 1-8 as pl..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....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......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the....... Criminal Appeal No.1476 of 2004. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 410 of the Code of CriÂminal Procedure is directed against the judgÂment and order dated 24-3-2002 passed by the learned Additional Sessions Judge, 2nd Court, Kishoregonj in Se..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....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 ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......n the opposite party No.1 to show cause as to why the judgment and decree dated 14.05.2005 passed by the learned Additional District Judge in Paribarik Appeal No.32 of 2005 reversing the judgment and order dated 9.03.2005 passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Fam..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....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......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ......l Latif (Md.)……………..Petitioners Vs. Mohammad Ali…………………….Opposite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
......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......an)......................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 would definitely shake the faith of the litigant peo......e — For Opposite Party Nos. 1, 3-8. Civil Revision No. 706 of 2000. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-8 to show cause as to why the orders dated 28-7-1998, 2-8-1998. 7- 10-1998, 11-1-1999, 28-2-1999, 3-5-1999, 16-6-1999, 26-7-1999, ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
.... 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......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ......aria Sarker, Assistant Attorney General — For the Respondent. Reference Application No. 261 of 2002. Judgment Md. Abdur Rashid J. - The above reference was presented against an order dated 19-9-2002 passed by the Taxes Appellate Tribunal in ITA No. 4319 of 2001-2002 in respec..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
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