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Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....eged by the prosecution and also that the accused persons are day laborers and they have been falsely implicated in the case at the instance of the local member ad dispute arose with the owner of the land relating to pouring water in the paddy field. 20. These are all the evidence that has been p...... to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ...... to have a discussion relating to her paternal property. But due to traffic jam she reached at Burichang Bazar at about 22-15 hours wherefrom she hired a rickshaw for going to her paternal house. At that time another boy of Rajapur village was also accompanied with them in the same rickshaw which ha...... State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Diliruzzaman, Deputy Attorney General with Yasmin Begum Bithi, Assistant Attorn..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......he appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. State, 20 BLD 426 = 5 BLC 5......nt was put on trial before the Special Tribunal No.7, Narayangonj in Special Tribunal Case No.352 of 2004 to answer charge under Section 19A of the Arms Act. 3. The prosecution case, in short, is that P.W.1 the informant, Lieutenant BN Md. Feroz Khan, RAB-3 Adamjee Nagar, Narayanganj along with a...... State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the eviÂdence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the cas..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ent No.4. Writ Petition No. 5444 of 2007. Judgment Md. Emdadul Huq J.- This Rule is about the lawful authority of a Commissioner of the Dhaka City Corporation in giving a decision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earlier a Rule was......of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Result: The Rule is made absolute in part. Lawyers Involved: Zulhas Uddin Ahmmed, Advocate - For the petitioner. A. J. Mohammad Ali, Advocate - For the responden...... front dispossessing the petitioner from the disputed property initially for three months from 03.07.07 and subsequently it was extended till disposal of the Rule. 4. Petitioner Faruk Reza claims that he acquired the land of C.S. Plot No.8 appertaining to Khatian No.3841 of Mouza Sutrapur under D......angladesh and others……………………………Respondents Judgment July 3, 2008. Result: The Rule is made absolute in part. Lawyers Involved: Zulhas Uddin Ahmmed, Advocate - For the petitioner. A. J. Mohammad Ali, Advocate - For the respondent No.8. Md. Abdun Nur, Ad..Category: Civil Law | Date: | Hits: 74
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....defendant No.1 and LIM account being No.66/87 in the name of the defendant No.1 was opened. The LIM facility in favour of the defendant has been sanctioned against securities of Equitable Mortgage of land measuring 9.5 katha sitÂuated at Mirpur under Mouza Senpara Parbata in the name of defendant N......at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Adalat Act, 1990 (Act IV of 1990). This Act was enacted on 20th January, 1990. Section 9 of the Act envisaged that the suits which were pending on that date shall be tried by the Courts in which those were pendi......gment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was r..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....-9-1990 (decree dated 30-9-1990) passed by the learned Assistant Judge, Santhia, Pabna in Other Class Suit No.138 of 1986 decreeing the suit for performance of contract in respect of transfer of some land by a deed of Heba-bil-Ewaz. 3. Earlier a Rule was issued on the matter. 4. Facts relevant......¦â€¦.Petitioners Vs. Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for so......ransfers have been taking place in this country for a long time and have been mentioned in at least one statue i.e. in section 96(10) of the State Acquisition and Tenancy Act, 1950, which stipulates that certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consi......Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as in the case of a s..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......nd an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized Executive Magistrate or the authorized District Magistrate, as the case may be, meaning the Mobile Court must take cognizance of the alleged offence instantly a......in, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized Executive Magistrate or the authorized District Magistrate, as the case may be, m......t No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized Executive Magistrate or the authorized District Magistrate, as the case may be, meaning the M..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....erative. 3. The plaintiffs case, in brief, is that the suit property was originally belonged to Debendra Nath Dingi and his name was duly recorded; that during the partition of India, the schedule land was in the territory of the then East Pakistan now Bangladesh and he was obstructed to use the ......upreme Court High Court Division (Civil) Present: Syed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-responÂdent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others................................din Sarder @ Naimuddin Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad and another, 39 DLR(AD)237; Srimati Nirode Bala Deb Roy Vs. Monmohan Datta and others, 6 DLR559; Amina Khatun Vs. Anser Ali, 40 DLR 389. Lawyers Involved: Md. Asaduzzaman, Advocate with Md. Raziuddi......; Srimati Nirode Bala Deb Roy Vs. Monmohan Datta and others, 6 DLR559; Amina Khatun Vs. Anser Ali, 40 DLR 389. Lawyers Involved: Md. Asaduzzaman, Advocate with Md. Raziuddin Sarwar, Advocate - For the petitioner. Abdul Quayum, Advocate with Md. Ali Reza, Advocate - For the opposite pa..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....ese houses are on the Eastern side. He did not know whether Abul Kalam had any brickfield or for that matter he applied to the relevant department. It is not a fact that Abul Kalam did not demand any land for brickfield from his brothers. He could not remember whether he mentioned the schedule in th......gned by the informant; (v) its substance should be entered in a book kept by the Officer-in-Charge of the Police Station in the prescribed form……………………..(106) There is no hard and fast rule that the prosecution has to examine all the witnesses but when it appears that the prosecut......e informant; (v) its substance should be entered in a book kept by the Officer-in-Charge of the Police Station in the prescribed form……………………..(106) There is no hard and fast rule that the prosecution has to examine all the witnesses but when it appears that the prosecution examin.......141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an inf..Category: Criminal Law | Date: | Hits: 89
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....004 passed by the learned Joint District Judge, Second Court, Dhaka in Title Appeal No.528 of 2002 was stayed and the parties were directed to maintain status quo in respect of possession of the suit land for a period of 6(six) months. Both the orders of stay and status quo was subsequently extended......g chance to the defendant to adduce evidence it will give him an indulgence to fill up the lacuna. The defendant cannot enjoy the benefits which he sacrificed due to his negligence. As the defendant was negligent in proceeding with the suit diligently he should not be allowed to adduce evidence afte......nce. As the defendant was negligent in proceeding with the suit diligently he should not be allowed to adduce evidence after delivery of the judgment and decree passed by the trial Court inasmuch as that will give him an indulgence to fill up the lacuna..…………………..(14 & 16) Lawy......others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so, he participated in the hearing of the argument of ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....ion on 10.08.1993 to the effect that on 09.08.1993 at about 7/7-30 PM, he along with his sister's husband Saidur Rahman and his elder brothÂer Aftab Uddin were gossiping in respect of cultivation of land sitting in the court yard after taking their night meal; that at about 9.00 pm Saidur Rahman ca......sahaque Ali and others……………………………..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving sever......Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree ......Respondent Judgment August 16, 2007. Result: The appeal is allowed. Reasonable doubt The provision of law regarding burÂden of proof is that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particu..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....at the irresistible conclusion of the guilt of the accused………………………………….(47) Case Referred to- Nurul Islam Vs. State, 1988 BLD 106; SM Kamal Vs. State, 6 BLC 113; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved ......s Act, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the person......r sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a po......pondent Judgment March 23, 2008. Result: The appeal is dismissed. The Arms Act, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom ..Category: Criminal Law | Date: | Hits: 92
....ard Act, 1989 and as per Industrial Policy, 1991 (as revised); and that the respondent No. 8 company is a Joint Venture Company in which Orient, Maritime Limited (a Bangladeshi Company) and SSA Netherlands BV of Netherlands (subsidiary of Stevedoring Services of America of USA), are the only two(2) .........Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in acco......the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accordance with law and in the public inter...............Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are i..
Category: Others | Date: | Hits: 113
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
.... The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………….(9) Whether a deed is genuine or not cannot be decided in a simpl...... Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land……………………â......ot be set aside. 2. The petitioner as plaintiff through his Attorney filed a Title Suit being No.161 of 1998 in the 4th Court of Assistant Judge, Dhaka against the defendants stating, inter alia, that the plaintiff purchased the suit land measuring .660 azutangsha from 3 daughters of late Haidar ......……………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive ..Category: Civil Law | Date: | Hits: 94
....ance of ACI Salt Limited. Mr. Rafiqul Huq, a learned Advocate of this Court, represents this applicant. The applicant prays for directing the respondents not to evict the applicant from the foreshore land covered by its licence.
4. The applicant is a private company limited by shares. The applica......………………….Petitioners
Vs.
Government of Bangladesh and others……………………Respondents
Judgment
March 21, 2010.
Result:
All the applications are rejected.
Cases Referred to-
Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh,......struction of use of jetty as a semi pucca structure on the river Shitalakkhya was given by BIWTA by a memo dated 22.9.1998 to M/S. Scancem Bangladesh Ltd. subject to payment of necessary fees. After that, three companies, namely, (1) Scan Cement Bangladesh (2) Scancem International Ltd. and (3) Chit......d the Appellate Division Judgment here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
ATM Fazle Kabir J
Human Rights and Peace for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and ..
Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ed at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ness FIR was lodged after 5-30 hours on the same day of occurrence. But there is no explanation as to non-disclosure of the names of the accused earlier. If there would have been a definite case that for any dreadful situation the eye witnesses could not state the name of the accused immediate a......10 of 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing dacoity is also daco..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....dants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title Suit No.50 of 1990 in respect of 1.80 acres of land out of 2.93 acres of land of plot No.5-10 by adverse possession. 2. The plaintiff's case is ...... This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......ourt High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Waseq Ullah & Others.................Appellants Vs. Rezia Khatun and Others……............Respondents Judgment May 23, 2010. Result: The First...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it ..Category: Property Law | Date: | Hits: 83
.... schedule has been excluded from the area of VAT but some Government establishments and agencies like WASA, Electric Supply Authority, construction organisation, Land Developer and Builder, Seller of land, Bank and Insurance company are not exempted from payment of VAT. But the PSI agencies appointe......etitioners
Vs.
National Board of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council......arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection Order 1999 being SRO 316-Law/99/1807/Customs dated 19‑10‑1999 (as mo......of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj Vs. Rupchand Uttam Ch..
Category: Fiscal/Taxation Law | Date: | Hits: 119
....hi Vs. Lodu Mia Patwary and others (1986) 38 DLR (AD) 308 it has been stated:
It may be necessary to point out that the leassee may have more reasons or urgency to protect his interest in the suit land than the leassor. The interest of leassor and leassee may not always be the same so as to hold ......inistry of Works and Urban Development, Bangladesh-Secretariat, Dhaka and others……………………..Opposite Parties
Judgment
April 4, 2007.
Result:
The Petition is allowed.
A leassee in possession under the leassor in a property may be added as Party alongwith a leassor and in......ourt of the then Munsif, Dhaka impleading Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional Engineer, P.W.D. ......
Tabibullah being dead his legal heirs Fatima Begum and others…………………Petitioners
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Bangladesh-Secretariat, Dhaka and others……………………..Opposi..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
.... by the learned Joint District Judge is the Kabala No.12007 of 1978 of the Laxmipur Sub Registry Office executed on 10.8.1978 and presented for registration on 21.9.1978. By that Kabala 2.50 acres of land was shown to have been sold by Mamotaz Bagum to one Mazibul Haque. The present petitioner Ruhul...... Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re G......004 affirming the order dated 18.3.2004 by which the learned Joint District Judge, 1st Court, Lakshmipur in Miscellaneous Case No.41 of 1986 forwarded under section 476 of the Code of 1898 a copy of that order to the Court of Magistrate to treat the same as a complaint against the petitioner with al......ment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re Gulabchand Rupaji, Indian Law Report vol. XLIX (Bombay Series), Page-799; Md. Muslim Khan Vs. State, 38 DLR (AD) (1986), 60; Jokhan R..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....f joint possession into separate possession and the suit does not cease to be one for partition merely because the defendants denies the title of the plaintiff to a share of the estate or to specific land of the estate and assert a hostile title and adverse possession . . . The appellate Court wheth...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......he opposite party Nos.1-3 as plaintiffs filed Other Suit No.23 of 1989 in the Court of the Assistant Judge, Fulbari, Kurigram for a decree of partition. 3. The case of the plaintiff, in short, is that the properties as shown in 'Ka' schedule of the plaint appertaining to C.S Khatian No.263 and 38......n 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 to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory sui..Category: Procedural Law | Date: | Hits: 115
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