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State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....nder section 302 of the Penal Code and convicted and sentenced him thereunder to death in Sessions Case No. 609 of 2008 arising out of MGR No. 690 of 2007, corresponding to Motihar PS Case. No.3 dated 7-8-2007. 3. Being aggrieved by and dissatisfied with the impugned judgment and order dat......tion of such injury in the post mortem report; 5. the accused is insane and that this matter was brought before the Magistrate on 2-9-2007 and that subsequently it was brought to the notice of the learned Sessions Judge, Rajshahi on 12-11-2007, 4-2-2008, 6-2-2008, but the learned Se...... Criminal Appeal No. 8657 of 2008 and Jail Appeal No. 30 of 2009. Judgment Quamrul Islam Siddique J. — The learned Sessions Judge, Rajshahi referred this matter of death sentence for confirmation under section 374 of the Code of Criminal Procedure (shortly, CrPC) to this Court. ..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sh; This criminal appeal, at the instance of the convict appellant under section 10 of the Criminal Law Amendment Act, 1958 has been directed against the judgment and order of conviction and sentence dated 4-3-2010 passed by the Special Judge, 4 Court, Dhaka in Special Case No. 2 of 2009 arising out......anifest, that the accused had manu-scripted the petition in the name of Abdus Salam Khokon for mutating his name and started the file (Exhibit No.XI) in his own initiative. 62. Over and above, a notice was served upon the 2 party and in the said notice, the same type of hand writing is found an...... and another………………………..Respondents Judgment June 10, 2014. Result: The appeal is dismissed. Bidhimala came into force on 29 March, 2007 whereas the trap in connection of this case was made on 10 April, 2007, that..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e, 1984.) Judgment Zinat Ara J.- This income tax reference application under section 160 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) arises out of the order dated 26.08.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (the Tribunal, in b......) showing income at Tk. 69951/- under self assessment scheme on 03.09.1999 and acknowledgement receipt was duly issued. Tax was paid in accordance with the said return. Subsequently, the DCT issued a notice upon the assessee under section 93 of the Ordinance on 26.08.2002 for reopening the return on......icant Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000……………Respondent Judgment June 9, 2014. Result: The questions (i) formulated for determination answered in the negative i.e. against the Revenue and in favour of the ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....04. Judgment Zinat Ara J.- This income tax reference application under section 160 of the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance) arises out of the order dated 26.08.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (the Tribunal......) showing income at Tk. 69951/- under self assessment scheme on 03.09.1999 and acknowledgement receipt was duly issued. Tax was paid in accordance with the said return. Subsequently, the DCT issued a notice upon the assessee under section 93 of the Ordinance on 26.08.2002 for reopening the return on...... Vs. The Commissioner of Taxes, Taxes Zone-6, Kakrail, Dhaka-1000…………………Respondent Judgment June 9, 2014 Result: The question formulated for determination answered in the negative i.e. against the Revenue and in favour of the ..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.1932 of 2010. (From the judgment and order dated 21-10-2009 passed by the Administrative Appellate Tribunal in AAT No.45 of 2005.) Judgmen......efficiency were framed against him. The petitioner submitted his reply to that charges but the authority concerned without considering the reply of the petitioner served a second show cause notice on the petitioner on 7-4-2002. The petitioner submitted his reply to that second show cause n......tructed by B Hossain, Advocate-on-Record—For the Petitioners. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.1932 of 2010. (From the judgment and order dated 21-10-2009 passed by th..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....wrong. When an invasion on the rights of a person is made on the basis of the wrong records of right he can file a suit for declaration of title and that suit, if brought within 6 years from the date of such invasion, is well within time. The argument that this suit being filed within 6 years f......court below or in the High Court Division, but in this Division they, for the first time, have appeared and have submitted an additional paper book stating to the effect that they did not receive any notice of the original suit and, as such, could not contest the same, that they are recorded own......uddin Howlader and others………Respondents Judgment June 5, 2014 Result: This appeal is dismissed. Limitation Act (IX of 1908); Article 120 Suit Field for Declaration of Title— Plaintiff is not bound to institute a suit for declaration..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....ry, Advocate—For the Opposite Party No. 1.
Civil Revision No. 1280 of 2014
Judgment
Sharif Uddin Chaklader J.— This Rule was obtained by the defendants against Order No. 29 dated 22-1-2014 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 73 of......davit in support indicated that the defendant intended to apply for a stay. The application to answer the substantive claim. The potential difficulty created was the inclusion in the application notice of a claim for permission to counterclaim and for consequential directions. Lord Woolf M......practice upon the plaintiff.
As per section 10(2) of the Arbitration Act when it is found that there is arbitration proceeding, Court should keep its hands off from the proceeding pending before the Court………(50)
If a Party relies on the Contract he must rely on it..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment...... "If a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23 and, in case no notice had been issued or served, then within four mo......-sharers each of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of a..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
....gir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
Civil Petition for Leave to Appeal No. 212 of 2010.
(From the judgment and order dated the 12th day of November, 2009 passed by the Administrative Appellate Tribunal, Dhaka in Admin...... the petitioner filed an application to opposite party Nos. 2 and 3, but they did not settle the matter. In the above circumstances, the petitioner finding no other way served two separate legal notices upon opposite party Nos.2 and 3 through his lawyer with the request to settle the audit obje......, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md. Zahirul Islam, Advocate-on-Record— For the Respondents.
Civil Petition for Leave to Appeal No. 212 of 2010.
(From the judgment and order dated the 12th day of Novembe..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
.... Nozrul Islam Chowdhury J.— In a pre-emption proceeding under Mohammadan Law, the appellant is the pre-emptee who purchased the disputed land from one Jamila Khatun by a registered kabala dated 23-8-2011 bearing registration No.4146 and the pre-emptor respondent has brought the proceedin......vocate for the appellant that upon being inducted into possession of the disputed land the appellant got his name mutated in respect of the disputed holding in the meantime. 9. We have also noticed that the litchi is a perishable commodity and in the event of dispute over the ownership it ......exclusive possession got the same mutated in his favour. During pendency of the pre-emption proceeding the appellant filed an application under Order XL, rule 1 of the Code of Civil Procedure praying for appointment of a receiver in respect of the litchi bagan situated over the disputed land, claimi..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
..... Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the Administrative Appellate Tribunal in Appeal No.147 of 2006.) Jud......3 by means of irregularity and corruption. He denied the charges by submitting written reply. An inquiry was conducted by a District Judge. Considering the inquiry report, second Show Cause notice was issued and served upon him who submitted his reply. Thereafter, he was put on compulsory ......Lawyers Involved: MI Farooquie, Senior Advocate, instructed by Md. Ferozur Rahman Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 64 of 2010. (From the judgment and order dated 29-10-2009 passed by the..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....bsp; Judgment Md. Emdadul Huq J.- Subject matter of the two Revisions: These two Civil Revisions arose from the same judgment and decree dated 3-4-2011 by which the learned Joint District Judge, 2 Court, Naogaon partly allowed Family App......ase. 13. Upon consideration of the evidence on record, the trial Court recorded findings that the marriage was subsisting and that the divorce did not become effective due to non-issuance of any notice to the plaintiff and the Union Parshad Chairman as required by section 7 of the Muslim Family......014. Result: The Rule issued in CR No. 4049 of 2012 is discharged. The Rule issued in CR 4153 of 2012 is made absolute. DNA Test accepted worldwide as a reliable scientific method for various purposes including determination of parentage The DNA report contains the analysis ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....torney-General instructed by B Hossain, Advocate-in-Record—For the Respondent (In Criminal Appeal No.24 of 2010). Criminal Appeal Nos. 22-24 of 2010. (From the judgment and order dated the 25th day of November, 2007 passed by the High Court Division in Death Reference No. 14 of ......hy;strued in accordance with the principle that the thing done, written, or spoken, was something done in carrying out the conspiracy and was receivable as a step in the proof of the conspiracy. They notice that evidence receivable under section 10 of the Evidence Act of "anything said, do......her co-accused Lowrance and that the said dispute could not have been resolved despite his brother's eagerness to settle the difference. The Dhruta Bichar Tribunal No.1, Dhaka, which got the case for trial framed charge under sections 302/12OB/34 and 307 of the Penal Code against the respondents..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....Appellants. Sufia Khatun, Advocate-on-Record—For Respondent Nos.1 and 2. None represented—Respondent Nos.3-45. Civil Appeal No.67 of 2004. (From the judgment and order dated 16-10-2001 passed by the High Court Division in Civil Revision No.3271 of 1997.) Judgment...... "If a portion or share of the non-agricultural land held by a non-agricultural tenant is transferred, one or more co-sharer tenants of such land may, within four months of the service of notice issued under section 23 and, in case no notice had been issued or served, then within four mo......-sharers each of such co-sharers loses their co-sharership in all other land of the holding or the plot or plot excepting his own share only even if the holding or tenancy remains intact and he, therefore, cannot claim pre-emption under section 24 of the Act if any share or portion thereof of a..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....f 2009 under section 11(Ga)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 pending in the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Habigonj be stayed for a period of 4(four) months from date. 4. The relevant facts of the case are as follows:- One Mst Aklima Begum, daught...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......le is made absolute. Section 27 transpires that a person who has complaint under the provision of the Nari-o-Shishu Nirjatan Daman Ain, 2000 must go the local police station to lodge the First Information Report in the first phose and if the complainant has been refused by the police/offic..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....was, A.A.G—For the respondents Writ Petition No. 1168 of 2013 Judgment M. Moazzam Husain J.- This Rule was issued calling upon the respondents to show cause as to why the letter dated 05.12.2012 issued by the Senior Assistant Secretary, Bichar Shakha-7 (Respondent No.2) creatin...... has been licensed. Mr. AAG tried to lay stress on Fazlur Rahman (supra) where the Court appears to have seen the power in a wider perspective and observed that the Government can so act even without notice to the Nikah Registrar and neither the principle of natural justice nor the question of veste...... who retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the petitioner’s father. The local Chairman requested the Respondent No.3 for appointment of the petitioner as Nikah Registrar for the said Union. The petitioner having requi..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
.... Muhammad Murshed, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No. 125 of 2011.
(From the judgment and order dated the 171h day of May, 2010 passed by the High Court Division in Writ Petition No. 2710 of 2010)......ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......titioner and 11 others were transferred to the revenue budget from the development budget with effect from 1-7-1989, have not been specifically controverted. The writ-respondents took similar stand before the High Court Division, but it rejected their contention with reference to the memos. In ..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....n No. 1901 of 2011] None represented—For the Respondent [In Civil Petition No.1902 of 2011]. Civil Petition for Leave to Appeal Nos.1901-1901 of 2011. From the judgment and order dated 21.8.2011 passed by the High Court Division in Writ Petition No.4608 of 2009 and Writ Petition......ce no decision has been taken on the settlement of vested properties, the petitioner is entitled to have the tenure renewed, as per the promise, yet, instead, the respondents have served the impugned notice dated 22 June, 2009 asking the petitioner to surrender possession of the subject propert......ub Hossain Khan (Md.)................................Petitioner [In both the cases] Vs. Bangladesh and others (In Civil Petition 1901 of 2011) Human Rights and peace for Bangladesh [In Civil Petition 1902 of 2011]……..Respondent Judgment May 4..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Sharif Miah Vs. Rina and anothers, 2014, 43 CLC (HCD)
....he DMCH for DNA Test of Sharif and Sharifa. c) If for any reason the plaintiff or the defendant fails to and, as such, appear they shall appear within the next 15 days on and, as such, an agreed date and time, as suggested by the learned and, as such, Advocates for them. d) The LVMCH Autho......r shall also be furnished free of cost to the learned Advocates for both sides. Hearing adjourned till 6-4-2014. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 16 ...... Advocate—For the Petitioner. Mohammad Alt, Advocate—For the Opposite Parties. Civil Revision No. 1803 of 2010. Judgment Md. Emdadul Huq J.-Heard the learned Advocates for both sides on the application filed by the petitioner Sharif Mia for DNA Test of himself and of ..Category: Civil Law, Women and Children | Date: 3 May, 2014 | Hits: 5
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....espondent Nos. 1-3, 5 and 6. First Appeal No. 260 of 2013 Judgment Md. Khasruzzaman J.— This first appeal has been preferred by the plaintiff against the judgment and decree dated 4-7-2013 (decree signed on 8-7-2013) passed by the learned Joint District Judge, 1s Court, Dha......sing out of aforesaid Title Suit Nos.1 of 2000 and 2 of 2000 respectively). In the mean time, the defendant Nos. 1-5 were trying to sell the scheduled land to others as a result, a precautionary notice was published in the "Daily Ittefaq" on 27-10-2010 drawing attention of all concern......he initial stage and can be decided only on the basis of evidence at the time of trial.......(41) The continuation of the suit is found to be an abuse of the process of the Court, if the suit is foredoomed or if the ultimate result of the suit is as clear as the daylight, the suit should be bur..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
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