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Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....e rules i.e. Civil Revision No.3917 of 2010 with Civil Revision No.3918 of 2010 are made absolute. The Code of Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transferred on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he ......of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) Transfer any suit, appeal or other proceeding pending before it for trial or disposal ......y notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other o..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....ich the same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, else he will face the consequence of the offence of conversion. If anyone is failed to s...... PARIBAS and as soon as the proper documents will be available in the hands of L/C opening Bank the plaintiff will submit the same to the vessel for the purpose of delivery of the Cargo and till that stage the Cargo will remain under the custody of the Customs Authority. The learned senior Advocate ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
.... Abdul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......3 is indicative of a lack of application of mind and the notice under section 3 is liable to be struck down on that ground as well…………………………….(17) When any action is taken or proceeding is initiated with mala fide intention without formation of any opinion as to the purpose ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....rocedure, the High Court Division can not verify the proceÂdural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- ......the accused-petiÂtioner who pleaded not guilty and claimed to be tried. Alter that, prosecution witness No.1 was examined as well as cross-examined on that very date of framing charge. It is at this stage the petiÂtioner has invoked the jurisdiction of this Court under section 561A of the Code of ...... Division can not verify the proceÂdural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Banglad..Category: Procedural Law | Date: | Hits: 86
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....essable to tax……………………….(26) It is true that the Dayabhaga School is dominant in Bengal, but it does not mean that there could not be existence of Mitakshara School. Nor is there any law that binds everyone to accept any particular school, say, Dayabhaga law. The assesses claime......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......ection 2 of the Ordinance defines the word, 'assessed' as a person by whom any tax or other sum of money as payable under this Ordinance and includes amongst every other person in respect of whom any proceeding under the Ordinance was taken for assessment of his income or the income of any other per..Category: Fiscal/Taxation Law | Date: | Hits: 138
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... is discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer on their part for appearance in the Court through a Lawyer. Lawyers Involved: Syed...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......ul Haque J.- This Rule at instance of one of the accused persons of CR Case No.132 of 1991 pending in the Court of the Magistrate, 1st Class, Jhalakati Sadar, District‑Jhalakati is for quashing the proceeding. 2. It appears that the case started on the basis of a petition of complaint filed by ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....etition? On perusal of the naraji petition, the learned Magistrate should examine the complainant and such other witnesses present, if he is satisfied that the facts stated disclose an offence, if any, at sufficient length to satisfy himself as to the veracity of the naraji petition and as to any......sue process. But the learned Magistrate did not yet exhaust the procedures as laid down in Chapter XVI of the Code and did not yet take cognizance of the case in respect of the petitioner and at this stage no one knows what would be the order of the learned Magistrate after examining the complainant......egal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh compla..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....29.9.2003 taken by the Governing Body, Nazirpur College hereinafter referred to as Governing Body to be illegal void, without Jurisdiction and the Governing body be permanently restrained from taking any action on the strength of the said decision contending, inter alia, that she was discharging her...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......er of suspension dated 29.9.2003 was taken by the Governing Body and that without prior approval of the Board was without jurisdiction. (ii) Secondly, he submitted, that, without any departmental proceeding or pending enquiry, the order of temporarily suspension was violative of Rule 14 of the R..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....as filed on his behalf. In the affidavit, it is stated that the petitioner misused the privilege of aforesaid SRO being No.266 dated 22.08.05. The petitioner transferred the vehicle before payment of any duty as per said SRO. The FIR and charge sheet clearly specified the offence under section 409 o......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......owdhury, Advocate - For the respondent No.4. Writ Petition No. 9905 of 2007. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30...Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....ice or even-handed justice to the accused of these offences. Although, in the decision of 55 DLR their Lordships finds guideline under section 6 of the Ain, but, on a reading of section 6 of the Ain, any clear guideline cannot be found. Some categories of cases have been mentioned for trial by the t......try respect the law and restore faith in the Court, only those cases should be transferred to Druta Bichar Tribunal to ensure faith in law and justice …………………….(15) Whether at any stage of the proceeding case can be transferred to Druta Bichar Tribunal. There is no guideline ......he law and restore faith in the Court, only those cases should be transferred to Druta Bichar Tribunal to ensure faith in law and justice …………………….(15) Whether at any stage of the proceeding case can be transferred to Druta Bichar Tribunal. There is no guideline and on taking..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... Eximpo Trading Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insuranc......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......SC) in the form of an undertaking issued by the Protection and Indemnity Club (P&l Club). The Court in Singapore passed an order on 10-9-2001 upon a sworn application made by BSC that all further proceedings in the Singapore High Court would be stayed, inter alia, on the condition that BSC would..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....ent May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss any person it is required to issue a show cause n......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......th February, 1998 the impugned order or Proggapan was issued by respondent No.1. It is stated that the aforesaid action was sudden, illegal, arbitrary, unilateral and without any show cause notice or proceeding or hearing of the petitioner, and it is capricious, whimsical and malafide. It is further..Category: Employment/Service Law | Date: | Hits: 100
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
.... maintainability of the writ petition. 7. In the case of Zahirul Islam Vs. National Bank Ltd. reported in 46 DLR (AD) 191, where it has been decided as follows: "The petitioner, without filing any appeal, filed an application under Article 102 of the Constitution, namely, Writ Petition No. 89......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......ot barred by limitation. 12. Mr. Md. Asrarul Hoque, the learned Advocate appearing for the petitioner, at the end of the day, submits that in this case the decree-holder bank started the execution proceeding on the basis of the preliminary decree which is ex facie illegal. In deciding this que..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Rule is discharged without any order as to cost. The Tenancy Rules, 1955, rules 22-24, 31 In any mutation case, any griev......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......and CMP No. 456/06. xiv. CP No. 793 of 2007 pending before the Appellate Division. xv. CP No. 794 of 2007 pending before the Appellate Division. 6. In spite of pendency of the above suits an proceedings for determining the title and possession of the properties between the parties, the purp..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....while submitting the enquiry report recommended for inflictÂing major penalty on the petitioner for which under Rule 10(8), the Enquiry Officer or the Inquiry Committee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings wheth......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......tee had no authority to recommend any punishment and they will only inquire into the allegations/charges and shall give findings whether the accused is guilty or not on each charge. In a departmental proceeding the role of the Inquiry Officer or the Inquiry Committee is only to help the "authority" ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....aver the charge the greater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victi......ed Shah Alam Babul to "Bawania Embankment Beel." Abul Kashem and Abdur Rahim had been portrayed by prosecution as eye-witnesses along with P.W. 10 Sobhan and P.W. 11 Shahidullah witnessing the attack staged upon Shah Alam Babul. Statement of Abdur Rahim was recorded under section 164 of the Code but......eath comes into question is admissible in evidence being relevant whether the person was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendio..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....nt power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to sec......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......eing appealable which lies to the High Court only, the Sessions Judge/Additional Metropolitan Sessions Judge had no jurisdiction to entertain the revision which is not maintainable. As the revisional proceeding being not maintainable before the Sessions Judge, the proceeding was before a Court which..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....hat the petitioner No.1 disclosed on 27.5.79 that they namely, the petitioner Nos.1-4 of Criminal ReviÂsion No.256 of 1987 purchased the disputed land on 3.5.79 and threatened others stating that if anybody tried to possess the above land, he would be finÂished. Thereafter, the complainant procure...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......a decision on the basis of the materials on record.……………………………………………..(11) Case of absolute civil nature to be decided by a competent civil Court In a criminal proceeding a registered deed which is prima facie based on some documents of title of its vendor can..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with concurrent finding of facts arrived at by the subordinate Courts. If any concurrent finding is not tainted with perversity or illegally the same cannot be interfered wit......he learned Attorney General Mr. Mahbubey Alam further argued that though belated but the technicality cannot be a bar to consider an application for adducing addiÂtional documentary evidence at this stage of revision under section 115 of the Code of Civil Procedure, 1908 for the purpose of renderin...... by the parties. The object of this opportunity as rendered by the provision is to render justice to the party deprived off from adducing suchevidence. It is correct to say that the technicality of a proceeding should not be prevailed over when the question of justice surfaced on the contending clai..Category: Property Law | Date: | Hits: 88
....land. As per direction of the Ministry of Land issued time to time, the Directorate of Land Records and Survey updated the maps and records of the land in the country. The petitioners did not acquire any right or title on the basis of the documents annexed to the writ petition from said Court of War......er No. 1); 0.0712 acres of land was recorded in the name of Shaheda Khanam (Petitioner No. 6) and 0.1620 acre in the names of Sanjida Khanam and Shahela Khanam (Petitioner Nos. 7 and 8) as the Tardif stage correctly.
11. Against such draft record-of-rights, respondent No. 2 filed objections under...... also that respondent No. 2 is the owner in possession of the case land.
22. By filing an affidavit-in-reply on behalf of the petitioners, it is stated that on the prayer of the defendants further proceeding of Title Suit No. 188 of 2006 was stayed by an order dated 9-7-06 of this Division in Civ..
Category: Property Law | Date: | Hits: 120
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