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Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......pt jail officials and accordingly the detaining authority was satisfied that it is necessary to prevent him from acting prejudicially and so they detained him. Mr. Chowdhury argued that the essential question for this court is to see whether materials are there which would justify the detention and ......of the executive has been stipulated and over the decades, both in India and Pakistan, the point has been settled to come to a line that the satisfaction is subjective no doubt but based on objective facts and; when challenged by the detenu then the judicial power is attracted in determining as to t..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ere cannot be an offence under section 406 of the Penal Code, reference may be made to the cases reported in AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988. 11. Having considered the facts and circumstances of the case we are of opinion that even if the prosecution case as stated in..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......the District Judge or, Additional District Judge as the case may be, made under sub‑section (2) or (3) shall lie, where the High Court Division grants leave for revision on an error of an important question of law resulting in erroneous decision occasioning failure of justice and the High Court Di......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......the Courts below and the record. 12. At the time of hearing of the Rule, it appears from the record that the appeal was heard and disposed of by the learned Judge of the Adalat. So, naturally, the question arose whether the learned Judge of the Adalat had jurisdiction to hear a Family Appeal. Bef......ts that since both the Courts below concurrently held that plaintiffs are entitled to maintenance, this Court exercising power under section 115(1) of the Code shall not interfere with the finding of facts arrived at by the Courts below. 11. Perused the judgments of the Courts below and the recor..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. ......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. ......e the ex-parte decree passed against him was rightly rejected by the trial Court and affirmed by the appellate Court by the impugned judgment and order. Thus he submits that the concurrent finding of facts arrived at by this Courts below should not be interfered with by this Court in its revisional ..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. ......, unless that law leaves the decisions to the absolute discretion of the authority concerned or permits it to be based on considerations of policy or expediency or other extraneous circumstances. The question whether or not there is such a duty in a given case must depend upon the circumstances of t.......e. the respondent No.5, although the election of the Samity for the period of 2009-2011 was held lawfully on 17.09.2009 freely, fairly, justly wherein the petitioners were elected. 12. Under such facts and circumstances and legal position the learned Advocate Mr. Immam Hasan finally argued that ..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. ...... 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. ......dinate Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the busi..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......eneral at length and considered their submissions. We have perused the writ petition, supplementary, affidavit, and affidavit in oppositions and different Annexures thereto carefully. 15. The moot question that faces this Division in this petition is whether the hotel and restaurant shall be incl......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
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. ......of Criminal Procedure for quashing the impugned Judgment and order of conviction and sentence as there are some contradictions in the evidence of P.Ws. 33. For the purpose of answering to the said question posed it be profitable to notice section 561A of the Code of Criminal Procedure which run t......the accused is innocent and he has been falsely implicated in this case. 8. The prosecution in all, examined 9 witnesses to prove the case against the accused person. 9. After considering the facts, circumstances and evidence of the case, the learned Judge, Special Tribunal No.3 Chittagong c..Category: Criminal Law | Date: | Hits: 36
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. ......hifting the cattle market from its place to any other place, till the disposal of the suit. The defendants contested the suit by filing written statement contending, inter alia, that the suit land in question is a regular but within the meaning of section 2 of the East Bengal State Acquisition and T......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. ..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.
......r khatian. In a decision reported in 38 C.W.N. 268 it has been held that in case of assessment of relative value of two khatians, the latest khatain should prevail over the earlier khatian. On this question their lordships in that decision has held as follows:-
"The subsequent record-of-rights ...... 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.
..
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. ......itioner No.11 is the heir of late Ahmed Hossain, and petitioners No.12-13 are the heirs of late Md. Moazzam Hossain. 6. The Respondent No.4 Md. Shahidul Islam is the D.N. holder of the property in question. The petitioners while in their village home in Keranigonj, in their absence the Court of S......irst Court of Settlement, Dhaka passed in Settlement Case No.362 of 1989 dismissing the case for non prosecution at the instance of Respondent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Du..Category: Procedural Law | Date: | Hits: 24
.... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......rial meeting dated 30.3.2009 added Respondent Nos.12 and 13 have been using the excavators machines unabated, though the ban imposed by Annexure-'F' is yet to be revised.
20. Before addressing the questions raised in this Writ Petitioner, it is to be seen whether Bangladesh Environment Lawyers As......nd illegal operation of excavators by the unscrupulous traders and also to realize compensation from them for causing damages to those rivers and the people living in the surrounding areas.
2. The facts leading to the issuance of the Rule, in brief, are:
3. The petitioner is Bangladesh Environ..
Category: Environmental Law | Date: | Hits: 362
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. ......edure praying for an order of temporary injunction to restrain the defendant opposite parties not to change the nature and character of the suit property and from transferring of the suit property in question. The said application for injunction was opposed by the defendant-opposite parties by filin......eal No.04 of 2004 affirming the order dated 11.01.2004 passed by the learned Joint District Judge, 2nd Court, Chittagong in Other Suit No.69 of 2003 disallowing the prayer for injunction. 2. Short facts relevant for disposal of the Rule are that the petitioner as plaintiff filed Partition Suit No..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......herwise the accused petitioners will be seriously prejudiced. 3. Mr. Harun-or-Rashid, the learned Advocate appealing on behalf of opposite party No.2, on the other hand, submits that the notice in question dated 02.09.2004 (Annexure-E) asking all the Members of the Comilla District Bar Associatio......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
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. ...... learned Deputy Attorney General finally submits that the High Court Division in exercise of jurisdiction under section 561A of the Code would not embark upon an inquiry as to whether the evidence in question is reliable or not and this is the function of the trial Court and this would amount to sti...... opportunity for discharging them from the case if there is no sufficient ground available for proceeding against them, the invocation of the jurisdiction under section 561A would be premature in the facts and circumstances of the case and as such the Rule is liable to be discharged. In support of h..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. ......e 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 question is too severe and harsh and which deserves reduction if at all the conviction is maintained......borate 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 question is too severe and h..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......for non consideration of the same by the appellate Court below in passing his impugned Judgment and decree. He also submits the decision referred by the appellate Court below is not applicable in the facts of the instant case. Mr. Paul referred the appointment letter of the plaintiff as Headmaster..Category: Employment/Service Law | Date: | Hits: 29
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. ......rket at higher rates. The respondent adopted dilatory tactics in paying the amount exceeding the tendered amount. For all these matters, a dispute arose between the parties in respect of the works in question. In order to settle the dispute, the Chief Engineer of Mongla Port Authority-respondent No....... in its present form and manner and the petitioner has no locus standi to file a petition like the present one regarding a past and closed matter. The petitioner raised some disputed questions of facts, which cannot be decided under writ jurisdiction. That the writ petition is barred under sec..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
.... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......ed at Tk. 50,000/- etc. It also appears from the FIR that till to date of occurrence the accused petitioner No.2 was residing together in the house of the informant as husband and wife. Therefore, no question does at all arise that the accused petitioner No.1 as house wife with the help of other acc......nt to the innocent petitioners as well as an abuse of the process of the Court and hence the impugned proceeding must be struck off to secure the ends of justice. 10. So, in the background of such facts of the case made here-in-above, we have no hesitation to hold that the continuation of the imp..Category: Criminal Law | Date: | Hits: 114
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