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Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar......nguage which is perfectly in accord with the facts of each case, but it is equivocal as a general construction of the section. The moot question in Ananda Sundari's case was whether a preliminary determination of default by the Rent Controller precluded the Civil Court in a suit for ejectment fr..Category: Property Law | Date: | Hits: 87
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ed in: 50 DLR (HCD) (1998) 174. ......e judgment and order dated 23-3-1988 passed by the learned Subordinate Judge, First Court, Barisal, in Miscellaneous Case No.66 of 1983 should not be set aside. 2. The only question that falls for determination in this Rule is whether the defendant opposite party had sufficient cause for non-appe..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......entertain such application and pass a decree against the petitioner. It is further stated that during his absence while he was in the Jail hajat the impugned decree was passed behind his back as such principle of natural justice has been violated. It is also submitted that the impugned judgment is v......assed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed as Steno-Typist (Muslim Commercia......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......der the same and thereafter to arrive at its conclusions with reference thereto but it has no right to ignore the evidence of a party irrespective of the value that it may carry. Applying the correct principle regarding the appreciation of the evidence the Court has the right to believe or disbeliev...............Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of ......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......n heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken......nction was obtained from the Government. However, when FIR was lodged, and the cognizance was taken against the petitioners, they by then became Government servants. 14. Now, the only question for determination is, whether in such circumstances, sanction from the Government is necessary for the p..Category: Criminal Law | Date: | Hits: 71
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......have been passed without issuing any show cause notice to the petitioner before-hand nor has she been given any opportunity to explain her position and conduct. These, therefore, are violative of the principle of natural justice. 3. An affidavit-in-opposition has been filed on behalf of responden......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of ......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......pplicants, who are proprietors of Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600. Then, he submitted a revised retur......ications by its order dated 10-6-02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: (a) Whether on the facts and in the circumstances of the case the Appellate Tribun..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... are duty bound to bring the criminals to book. Besides, we feel that, now is the time to review the criminal law, at least to amend section 103 of the Code of Criminal Procedure, 1898, to review the principle that burden of proof never shifts in criminal cases, specially in the cases of corruption,......ed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run conc...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......lowed the appeal and the same cannot be sustained in the eye of law. 18. In the case of Hajarilal Mondal Vs. Md. Mozaffor Bepari reported in 8 BLC (AD) 77 wherein it is held: ''It is a settled principle of law that the lower appellate Court being final Court of fact will have to discuss and r...... Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......nt projects under similar situation without considering the cases of the writ petitioners and thereby, they have been deprived of legitimate right of absorption. They claimed to be regularized on the principle of legitimate expectation in the revenue set up. As observed above, this petition was disp......2-49 (In Civil Petition No.1247 of 2011)
M.A. Sobhan, Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondents (In Civil Petition No.2169 of 2011)
Civil Petition for Leave to Appeal Nos.1781, 1784 and 1875 of 2011.
(From the judgment and order dated 7.4.2011......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......Division may withdraw a case to itself without issuing any notice upon either party when some question of law or unusual difficulty is involved therein. 9. In the instant case, it appears that the principle as enunciated in the aforesaid rulings so referred to by the learned Deputy Attorney Gener......ichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the present Rule has been obtained against the order of transferri......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......ascertain the identity of the actual convict, which is the pertinent question to be decided in this case, it does not, in any way, necessitate interference in the merit of the case. It is the age-old principle followed in dispensing with Criminal Justice that better several guilty persons should esc......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......rame schemes in respect of management of estates at the airport, and aerodromes by itself. 7. Thirdly, in the prevailing circumstances, the petitioners are entitled to get the protection under the principle of legitimate expectation on the ground of assurance given by the authority and the practi......mmed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kaz......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......IR 1931 All 1 (FB), Supreme Court of India in Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422 and our Appellate Division in State Vs. Lalu Mia, 39 DLR (AD) 117. We find no reason to depart from the principles of law as above in the absence of legal evidence to contradict the portion of the confess...... the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2.......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......n law to travel beyond the averments made in the plaint." 20. Similar view has also been taken by this Division in the case of Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 54 DLR (AD) 125. From the principle expounded in both the cases, it appears that there is no scope for rejection of plaint by ......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvement cost and Taka 1,000.00 for removing the structures from the case land. Being aggrieved by the said judgment and order passe......nds beyond the Municipal area and section 24 of the Non- Agricultural Tenancy Act will be attracted to all classes of lands within the Municipal area. 15. Now the pertinent question that calls for determination in the instant Rule is, as to whether the homestead land situated in rural area is an ..Category: Property Law | Date: | Hits: 70
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......d in setting that judicial order at naught." 9. In the case of Khalid Saigol Vs. The State, reported in 14 DLR (SC) 321, their Lordships of the Supreme Court of Pakistan quoted with approved the principle as laid down in Chan Shah's case. It has been observed by their Lordships thus: "The Hi......rming those passed by the Metropolitan Magistrate, Dhaka in P.Case No. 422a/83, convicting the accused petitioners under section 420 of the Penal Code and sentencing them there under to suffer R.I. for 1 (one) year each and to pay a fine of Tk. 5,000/- each, with a default order. 2. Facts, in s......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......ioner obtained the licence and was continuing his cinema business since from his father in 1943 and there accrued a vested right and without show cause the cancellation of licence is violative of the principle of natural justice. He further submits that since there are disputes regarding ownership o...... by the learned Senior Assistant Judge, Sadar, Kishoregonj in other Class Suit No. 136 of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo N......nt Court of law, the payment of rent is difficult. For default of payment of rent to some individual co-owner, the remedy lies under Rent Control Premises Ordinance or for eviction of tenant or for determination of tenancy, for which the cancellation of licence under Rule 22 of the Cinematography ..Category: Property Law | Date: | Hits: 62
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......e preliminary decree dated 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her f......4-95 when the preliminary decree was passed and in that view of the matter it is also admitted that the decree so far relates to the defendant No.18 is a nullity. Now the main question that calls for determination in this case is as to whether the heirs of defendant No.18 can invoke the provisions o..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......he Mujibnagar Employees in different Ministries and other Government offices, should honour it without any delay and it should not be frustrated in any manner. Further, the Government is bound by the principle of promissory estoppel to absorb the petitioner in the Government services. In the case of......san, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some...... 10-11-1996. It appears from the aforesaid direction of the Honble Prime Minister that she directed the Establishment Division to absorb all the Ex-Mujibnagar Employees within 90 days. The points for determination, in this writ petition are absolutely similar and identical with the writ petitions wh..Category: Administrative Law | Date: | Hits: 183
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