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Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....f a case that matters. The court which got no jurisdiction over a matter shall not go into the merit of the matter. The view expressed by the learned Single Judge regarding jurisdiction is grievously erroneous. Similarly, the other view of the learned Single Judge that in the present position of sec...... 16. It appears from the above notification that the Ministry of Law, Justice and Parliamentary Affairs issued the notification with the administrative approval of the Supreme Court. However, in my view, though the Ministry of Law, Justice and Parliamentary Affairs issued the notification with the..Category: Procedural Law | Date: | Hits: 31
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......r non-consideration of evidence or founded on misconception or misapplication of law or misinterpretation of any document or otherwise it is perverse. 10. For the discussion made above I am of the view that the concurrent finding of facts arrived at by the Courts below do not suffer from any infi..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......ted in 13 DLR Supreme Court page 233 in which his lordship correction C.J. Pronouncing the judgment at paragraph 69 held as under:- "The consensus of judicial opinion, however, is in favour of the view that if upon an administrative body has been cast the duty to decide rights after ascertaining ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......; 1990 BCR 194 support the case of the Appellants Defendants Nos. 1 and 2 wherein the Hon'ble High Court Division has held that ullage survey must prevail over shore tank survey. 12. Therefore, in view of the above facts and circumstances of the case and in view of the reported decisions cited ab..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......in his possession without any license or in contravention of the provisions of section 14 or section 15 of the Arms Act on the aforesaid date and at the time and place of the occurrence. Moreover, in view of provisions of section 106 of the Evidence Act, the accused owes an explanation as to why h..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ...... should be considered by the Government and the Government alone can take a decision favouring them by withdrawing the imposition of VAT as it was done earlier. Under the circumstances, we are of the view that the petitioners should re-agitate this matter with the Government highlighting the obser..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ......ernment after final publication of compensation assessment roil. 7. In the present case whole question is whether hat in question has been legally acquired or vested in the Government or not. In view of the above noted decisions it can easily be said that the hat in question has vested in the G..Category: Property Law | Date: | Hits: 19
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......ipso-facto disprove the latter; indeed, it is the sub-sequent record-of-rights which ought to prevail inasmuch as the earlier record must be deemed to have been considered and rejected."
10. In my view the presumption that was attached to the batwara khatian lost its relative weight after C.S. ..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......t and as such it is clear that the Court of settlement is to dispose of the case on the basis of the materials before it notwithstanding the fact that the petitioner is absence or took no steps. This view has already been supported in various decisions of this Court. In the case of Government of the..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......essary. However, Mr. Quayum at the end of the day submits that a direction may be given for early disposal of the suit. 13. Having regard to our foregoing discussion and observation, we are of the view that there is no merit in this Rule and the learned Court of appeal below did not commit any er..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......rty-State submits that the inherent jurisdiction under section 561A of the Code should not be invoked when some other remedy is available under the Code of Criminal Procedure. He then submits that in view of the provisions of section 265C of the Code which entitles the accused petitioners to seek ap..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......witnesses does not corroborate the post mortem report with regard to the injuries as found on the person of the deceased victim Abdul Motlib. Finally, the learned State Defence Lawyer submits that in view of the surrounding facts and circumstances and the evidence on record the death penalty in ques..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......spondents. As such, the writ petition is not maintainable. If the petitioner's company is aggrieved in that case, it could take legal action in appropriate Civil Court. Moreover, it is the consistent view of his Court that a company does not have any fundamental right as enshrined in article 102 of ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......gthy complaint the complainant disclosed a civil liability and the entire endeavour of the complainant is to get compensation in money for the misappropriation done by the accuseds and to such end in view, the complainant before making complaint, filed Money suit No.26 of 2001 in the Court of Subord..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....ed charge-sheet for criminal breach of trust and dishonest misappropriation by the two accused-petitioners for the period of 5 years from 1979-1983. The said charge sheet is, therefore, defective and erroneous and since it is in contravention of section 233 read with sections 222(2) and 234 Cr.P.C.,......to an order made by the Sessions Judge u/s. 439A Cr P.C. In the case of Nader Ali Shaikh Vs. The State and another, reported in 1984 BLD (AD) 1 it has been observed by the Appellate Division: In view of our decision in Criminal Appeal No.9 of 1981 second revision before the High Court Division ..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......llants were made accused. 8. After trial only the appellants were awarded such conviction and sentence. Hence the appeal. 9. No one appears on behalf of the appellants to support the appeal. In view of the fact that this is an old case we are inclined to take it up for disposal on merit consid..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......e. Thus we do not find any bar to convict the accused Yunus Ali and Shawkat on the basis of unimpeachable evidence of the police witnesses who made the search and prepared the seizure list. The above view finds support in the case of Nurul Islam Vs. State reported in 1988 BLD 106. 51. The object ..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......audulently concealed certain facts or made a false statement knowing it to be false. Where a man and woman went through certain ceremonies and the entire prosecution materials was consistent with the view that both parties through that those ceremonies would suffice to constitute a valid marriage ..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....he said option." 24. From a perusal of the aforesaid provision of law we find that for the purpose of application of section 43 of the Transfer of Property Act an element of either fraudulent or erroneous representation by the person who entered into a contract, is necessary, while entering i......nt for sale was made only after obtaining letter of allotment from the authority concerned; Nazar Ali during his life time could not execute and register the deed of transfer in favour of Jahanara in view of absence of any registered lease deed in his favour from the Ministry of Works; Nazar Ali die..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ......earned Advocate appearing for the petitioners assailed the decision on various grounds. It is first contended that the learned Additional District Judge has misdirected himself in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstances of the case. A..Category: Property Law | Date: | Hits: 64
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