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Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....……………………….(7) Repetition of legal text only means non application of mind by the detaining authority Where the grounds of detention merely repeat the language of the law and nothing else, it portray non application of mind by the detaining authority.……………...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ......Respondents Judgment January 21, 2008. Result: The Rule is made absolute. The Special Powers Act 1974 (Act No. XIV of 1974) Nexus in between the initial order of detention and grounds In case of an initial order of detention, the facts and mate..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
.... married Shaneka Begum before one year back of the occurrence; that the accused No.2 namely Abdul Aziz, is the "Dharma Bhai" of the informant's mother; that the accused Abdul Aziz is the brother-in-law of accused Mustafa and in connection with this relationship the accused persons used to visit in...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener...... Criminal Appeal No.1198 of 2002. Judgment Siddiqur Rahman Miah J.- This Criminal Appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is directed against the judgment and order dated 15-4-2002 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Di..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....d 19.10.1985 (Annexure-E-2) and (Annexure-G) and R.S. Map being Plot No.3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to......e is also Reported in: 14 MLR (HCD) (2009) 264. ......3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this rul..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....e. before the Ain, 2003 and the provisions of section 47 came into force. Therefore, section 47 has no manner of application in the suit. Thus, the Adalat passed the impugned order in accordance with law rejecting the prayer of the petitioner. The writ petition is a misconceived one and the Rule is ......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins......verments made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in order to complete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Utt..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....e trial Court also observed in their judgment that the plaintiff has been possessing the suit property illegally by way of private dhakila and Hokum Nama which has got no leg to stand in the eye of law and in this connection both the courts relied upon a decision reported in 30 DLR (SC) 41 wherei......Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... Nikunja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead his heirs: Aranangsha..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....als being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dispose of it b......tagong……………………Respondent(s) Judgment December 12, 2007. Result: The references are disposed of against the respondent. Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230 at 1233. Lawyers Involved: Mosharaf Hossain and Tapan Kanti Das, Advoc......n No.157 of 2007, Reference Application No.158 of 2007, and Reference Application No.159 of 2007. Judgment Mohammad Abdur Rashid J.- The above references were presented against a common order dated 20.09.2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dis..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....on-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the Court. This is not an appeal in the eye of law……………………….(5 & 6) Lawyers Involved: Omar Sadat, Advocate (app......………………..Respondents Order December 11, 2007. Result: The appeal is dismissed. Filing of a case by non-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the C...... the Appellant. Dr. Kamal Hossain, Senior Advocate, instructed by, Syed Mahbubur Rahman, Advocate-on-record—For the Respondents. Civil Appeal No.57 of 2006. (From the Judgment and order dated 24th May, 2005 passed by the High Court Division in Writ Petition No.2561 of 2005) ..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
.... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......ence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus......lant. Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. Joynul Abedin J. - This appeal by leave is directed against the judgment and order dated 05.05.2004 passed by the High Court Division in Death Reference Case No.09 of 2002 refer..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... at paragraph 6, page 229; Satish Chandra Mookerjee Vs. Purna Chandra Dutt, 11 Indian Cases (1911) 696; Saudamini Vs. Jessore Regd. Loan Co., AIR 1926 (CAL) 1146; Central Exchange Bank Ltd. Vs. Ch. Dilawar Ali Khan, PLD 1965 (W.P.)(Lahore)628;Abdul Salam Sahib Vs. Batehu Veerabhadraraju, AIR 1928 (M......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......ding interest and costs, and pertaining to the vessel M.V. PELEAS K. In decreeing the Suit for an amount of Tk. 19,70,000.00 in favour of the Plaintiff and against the Principal Defendants, the Court ordered on the Plaintiffs entitlement to recover the decretal amount by encashment of the Bank Guara..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....77, 9103, 15148, 12489 of 2007. Judgment Sharifuddin Chaklader J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly F......in: 13 BLC (HCD) (2008) 111. ......t within the purview of the Rules 2007, as follows: (a) The first group of offences have been identified in rules 3 to 9, with provision for penalty. These offences are mostly related to law and order and incidental matters. (b) The second group of offences have been identified in Rule 14 ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....to court under the aforesaid G.D. with the report that accused petitioner is desperate person seeking to create division between people of different class and profession whereby he is likely to cause law and order situation to deteriorate and lead existing development of the state and sovereign powe......ndent Judgment December 2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Cas......icy decision of the government relating to public welfare and acted to create hostile opinion against the caretaker government openly and secretly and grave apprehension of breach of public peace and order as a result of division among people has arisen. The accused petitioner by criticising and cha..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
....অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......ব প্রদান করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভো......to show cause as to why a direction should not be given upon the respondents to constitute vacation Courts for Civil cases during Civil Court vacation of the subordinate judiciary in every December order of orders and/or such other or further order or orders that may be passed as this Court may ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......lt: The review petition is allowed. The Code of Civil Procedure, 1898 (Act No. V of 1898) Order XLVII, rule 1 Review The scope to review a judgment is very limited and until and unless it comes within the four corners of the ingredients specified in Order XLVII, ......ion was filed for transferring Title Suit No.83 of 2005 from that Court to any other district for holding simultaneous trial with Title Suit No.142 of 2000. This Court by the impugned judgment and order, dated 6-8-2007, allowed the miscellaneous case and transferred both the aforesaid title suit..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
....rule cannot be read to disentitle the petitioner from taking rebate under section 9 of the VAT Act.
28. For the reasons aforesaid, impugned order of the Appellate Tribunal cannot be sustained in law.
29. In the result, the Rule is made absolute with cost. Impugned order dated 28.04.02 pass......hellip;…………………………………………………Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re......neral with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents.
Writ Petition No.2082 of 2002.
Judgment
Mohammad Abdur Rashid J.- The above Rule NISI was obtained against an order dated 15.04.02 passed by respondent No.1, the Customs, Excise and VAT Appellate Tribunal in No..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....ayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned properties should not be declared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T......001 and Writ Petition No.5721 of 1997. Judgment Moyeenul Islam Chowdhury J.-In Writ Petition No.2603 of 2000, a Rule Nisi was issued upon the respondents as to why the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (re..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....jury on the private parts of the victim Lipa. 17. Md. Jashim Uddin, the learned advocate appearing on behalf of the convict appellant submitted that the trial judge committed an error of law and facts and awarded the harsh sentence to the innocent person who was falsely implicated in t...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu Nir..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ...... trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application f...... the prosecution to produce them in the Court. On this back ground, the accused-appellant submitted an application for bail but the learned Judge of the Tribunal rejected his prayer by the impugned order dated 29.6.2006, which gave rise to this criminal appeal. 3. Mr. Md. Abdur Razzaque, th..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....tioner is entitled to get 100 shops but the respondents are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) o...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Muktijoddha Bahumukhi Samabaya Samity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. Result: The Rul......ept the reserved quota of the Mayor. He lastly submits that, at this stage, the petitioner has no grievance against such allotment. Therefore, the writ petition is liable to be discharged. 8. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the writ ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....of this Division dated 11.09.05 upon receipt of the duty and other charges both in cash and upon bank guarantee(s), the customs authority would now assess the goods finally to duty in accordance with law by ignoring the CRF certificates.
19. In support, he cited Showkat Ali and 15 others Vs. the ......: 27 BLD (HCD) (2007) 555.
......bills of entry, Annexure-'E' series to the writ petition.
3. During the vacation, the petitioner challenged such CRF certificates before a Single Bench of this Division and on 09.11.05 obtained an order of release of the goods on payment of duty and other charges in cash on the basis of invoice v..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per clause 14 of the terms and conditions of the Estate the suit is barred by law. 5. After hearing the learned Judge of the Trial Court by the order dated 25-11-2004 reject......ion) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Parties Jud......plaintiff filed two applications one is for amendment of the plaint and another is for local investigation, fixing 25-11-2004 for hearing but on the same day defendant no.4 filed an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
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