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....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......on is an illustrative of the Courts exercising normal Original Civil Jurisdiction under the law. Any person or authority entrusted with the responsibility of judicial functions in accordance with the principles of law and following the procedure laid down by any law will be taken as a Court and, in ....... An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Gangaram Centre, but no voucher was filed by him i......ing to law but that would not make the arbitrators a ‘Court’. On an analysis of the Regulations and rules, we are of the view that the Regulations and the Rules do not provide adequate remedy for determination of suits of civil nature. Therefore, there is need for legislative measure by way of a..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....section 8 of the PDR Act. Mr. Bhuiyan also submits on point of law that sections 7 and 8 of PDR Act should be read with Rule 6 of that Act and, according to Mr. Bhuiyan, Rule 66 of the PDR Act is the guiding principle as to how to act under sections 7 and 8 of PDR Act. 15. Trial Court held that t......8 of the PDR Act. Mr. Bhuiyan also submits on point of law that sections 7 and 8 of PDR Act should be read with Rule 6 of that Act and, according to Mr. Bhuiyan, Rule 66 of the PDR Act is the guiding principle as to how to act under sections 7 and 8 of PDR Act. 15. Trial Court held that the purch......4, dismissing the appeal and affirming the judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-19......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......ed is a relevant fact under section 9 of the Evidence Act and unless accused explains his conduct abscondence may indicate guilt of accused. In Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193, the principle enunciated is that absconsion of as accused is corroboration of the direct evidence of eye......t May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of i......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ...... 100 cases, the matter goes no further (after grant or refusal of an interlocutory injunction) [The closing chapter by Denning at 259]. I do not think the situation is very different in our land. The principle is also nearly settled long ago that a Court has no jurisdiction to grant an ‘interlocut......cellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit be......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......” The other case cited by the learned Advocate for the appellant is Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. State reported in 49 DLR 590 wherein it has been observed that “The principle laid down in the said case along with the provision of section 114(g) of the Evidence Act ......ns Judge, 3rd Court, Comilla in Sessions Case No. 143 of 1983 convicting the appellant Milon alias Shahabuddin Ahmed under sections 302/149 of the Penal Code and sentencing him to suffer imprisonment for life. The appellant was also convicted under section 307 of the Penal Code and sentenced to suff...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......before the arrival of accused Shamim who, according to the prosecution case, caused the fatal injury. 33. Section 34 of the Penal Code does not create any distinct offence and merely lays down the principle of joint liability in a criminal act done in furtherance of the common intention of the of......050, 1198 of 1997. Judgment MM Ruhul Amin J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Barisal for confirmation of the sentence of death imposed under upon the condemned prisoner Md. Shamim @ Sha......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......975(1) All ER 504 (HL), the rule was formulated, it was sufficient if a “triable issue be presented by the plaintiff and the merits need not be gone into”. 10. In UK Laddie, J reconsidered the principle recently and explained American Cyanamid in his judgment in Series 5 Software Vs. Clark, 1......presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......t jurisdiction or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High......n 17-2- 1986 in the First Court of Subordinate Judge, Dhaka against Ali Mohammad Abbas, the Chairman of the DIT and the Government of Bangladesh represented by the Secretary, Ministry of Public Works for specific performance of contract and also for a decree for declaring that the enlistment of the ......interfering with the decision of the Court of Settlement. The relevant portion of the judgment of the said case is as follows:
“The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under ..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......td. reported in 90 ITR 307, took the law that when the transfer of price differential or the windfall profit in favour of the BPC was through a Government decision before it reaches the assessee, the principle of diversion of income by overriding title is only attracted. On a perusal of the Indian S......he Jamuna Levy an amount of Taka 13,18,045.00 holding that it was not an allowable expense against the interest and dividend income while grossing up the same with the income. Being aggrieved by the aforesaid order of the DCT petitioner preferred an appeal before the Additional Appellate Commissione......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......tigant should not be punished for the negligence committed by the lawyer or for the ill advice of the Advocate. The learned Advocate further submits that in dealing with a condonation application the principle that substantial justice shall take preponderance over technical consideration should alwa......ot represented—the Respondent. Reference Application No. 78 of 2000. Judgment Syed Amirul Islam J.- This is an application filed under section 5 read with section 14 of the Limitation Act, for condonation of delay of 159 days in filing the reference application under section 160 of the In......n application before the Tribunal under section 173 of the Ordinance for rectification of the order of the mistake as the mistake was apparent on the face of it. 5. Now the question that calls for determination in this application is that in view of the admitted facts and circumstances of the cas..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ...... his independent finding on the allegations made and has not also at all considered the attending facts and circumstances of the case including the facts of enmity and counter case. This is a settled principle of law for the purpose of cancellation of bail on the application of the aggrieved person ......r Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Stati......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......nder of its discretion. It would then not be the authority’s discretion that is exercised, but someone else’s. If an authority surrenders its discretion to another body it acts ultra vires as the principle stated by Venkatachaliah, J in the case of State of UP Vs. Maharaja Dharmander Prasad Sing......udgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the appeal and order dated......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......eciation on behalf of the respondents as to the duty and responsibilities in regard to the return to be made to a Rule issued by the Court under Article 102 (2) (b) of the Constitution. The English principle as expressed by Lord Atkin in his dissenting speech in Liversidge Vs. Anderson that every ...... authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......me time, been emphasized that the question whether an order of detention has been vitiated by an irrelevant ground or the detention has been rendered illegal for communicating vague grounds falls for determination by the court. It has also been observed in this decision that in case of a plea of mal..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... of law argued in the case cited by Mr. Mahmudul Islam. The submission that this document having been marked as exhibit without objection became admissible in evidence, is a general rule and the same principle is not applicable in all cases. This rule disentitling a party to object to the admissibil...... judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 ac......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......inst the respondent Nos. 6 and 7 in the writ petition who are now the review petitioners. Hence it cannot be said that the judgment and order dated 25-7-2001 passed in the writ petition is hit by the principle of natural justice. It is further contended by the respondent No.1 ie the writ petitioner,......2; Prabodh Verma Vs. State of Uttar Pradesh, AIR 1985 SC 167; (1984) 4 SCC 251; Md. Mojibur Rahman Mia Vs. Jamini Mosahar and others, 7 DLR 82.
Lawyers Involved:
Abdul Wadud Bhuiyan with SRM Lutfor Rahman, Advocates‑For the Petitioners.
Shamsuddin Babul with Kanai Lal Saha, Advocates‑Fo...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......e new contract, whether the stipulated amount reflects the whole of the earlier debt or only a part of the same, which debt the creditor could not otherwise recover because of the limitation law. The principle that what sub‑section (3) creates is an independent contract, but that it does not creat......ce is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought the instant civil action by impleading one MA Kahhar as the lone defendant, who is, indeed, the absentee respondent before us. Although the suit was partially decreed against him, he did not lodge any appeal. Nor did a...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......nal Code including non-confessing accused Bashir Sarder @ Bashar. We stated earlier convict accused Abdul Majid Sarder preferred no criminal appeal. 35. There is no dispute as to the established principle that statement under section 164 Cr.P.C. can be used against its maker in order to base co...... State Vs. Sarowaruddin, 5 BLC 451; State Vs. Md. Ali Kibria @ Shahjahan, 43 DLR 512; Nil Raton Biswas Vs. State, 3 BLC 35. Lawyers Involved: Rafiqur Rahman with Serajur Rahman, Advocates- for the Appellants. ABM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys‑General...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......aggerated and inflated. The claimant is not entitled to get the excess. The further case of the Government is that the assessment made by the Collector was just, proper and was in consonance with the principles of law laid down for such assessment. The crop compensation demanded was severe and rec......rises are that, the appellants are the heirs late Alhaj Md. Noor Hossain, who was the owner of CS Plot No. 692, JL No. 251 of Mouza Dhanmondi, Dhaka. The Deputy Commissioner, Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directe......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......r want of its far-sightness. It appears that accused Nuru Miah did not implicate himself with the commission of murder in terms of offence and the same is out and out exculpatory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no confessi...... Md. Aftab Hossain, Advocate-on-Record-For the Respondent. (In Criminal Petition Nos.43-44 of 2009) Not Represented- Respondent Nos.3-4. (In Criminal Petition No.42 of 2009) Criminal Petition for Leave to Appeal Nos. 42-44 of 2009. (From the judgment and order dated 11.8.2008 passed by th......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ..Category: Criminal Law | Date: | Hits: 47
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ...... is collusive, forged, illegal and not binding upon the plaintiffs is not maintainable; that it is a case of fraud and he who pleads affirmative of the issue has to prove the same and it is settled principle of law that the plaintiff must prove his own ease and the weakness of the defendant "wil...... January 12, 2010. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 20......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..Category: Property Law | Date: | Hits: 84
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