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....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......n any proceeding”.
“The information sought for by the notice does not amount to providing evidence by the then Bureau (at present Commission) against the petitioner contrary to the established principle of law to that effect. Accordingly, a request of submission of statement of assets not bei......inquiry report holding that those properties acquired by the petitioner were not disproportionate to his known source of income and accordingly the Deputy Director, Bureau of Anti Corruption, Dhaka informed all concerned to file the complain against the petitioner as the allegations were baseless an......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......view of the fact, I am led to hold that after making full payment of cheque amount the compromise made between the parties by executing an agreement appears to be satisfactory and consistent with the principle of modern delivery system of justice popularly known as Alternative Dispute Resolution (AD....... The trail Court in Sessions Case No. 141 of 2007 found the accused–appellant guilty under section 138 of the Negotiable Instrument Act and sentenced him thereunder to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Taka 4,49,832/-(Four lac forty nine thousand and eight hundr......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......he element due process which requires a law to be reasonable. Thus if the aforesaid rule is unreasonably harsh, it will be void on account of it being unreasonable and harsh. 13. It is a cardinal principle of interpretation that when two interpretations are possible, the interpretation has to be......uddin Vs. The State, (1978) 30 DLR 49; United Commercial Bank Ltd and Another Vs. Rahimafroz Batterties and Others (2002) 7 BLC (AD) 73. Lawyers Involved: Mahmudul Islam with Sheikh Hassan Arif-for the petitioners. S.M. Zahurul Islam-for respondent No.5. Razik Al-Jalil, DAG-for the resp......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..Category: Property Law | Date: | Hits: 35
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......us through the writ petition, affidavit-in-opposition and reply and various annexures, firstly argued that the application filed by the respondent No. 2 before the Waqf Administrator is barred by the principle of res judicata inasmuch as the respondent No. 1 earlier rejected similar applications fil......e time may appoint any one as the Mutwalli at his own choice. Thus it became a tradition as per terms and conditions of the waqf deed. In this way Bazlur Rahman became the 3rd Mutwalli and he applied for enrollment of the estate in the office of the Waqf Administrator and was enrolled on 22-6-1995 b......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......arishad but acting Chairman is not so elected. This is the important feature which distinguishes status of the Chairman from that of acting Chairman and it is in keeping with the spirit of democratic principle. So the Chairman and acting Chairman cannot stand on equal footing. Rule 8 of notificat......e order of his removal from Chairmanship of the said Parishad by the Government on 28.12.86, contained in Annexure "H" to the petition, by virtue of a resolution adopted in a Special meeting held for the purpose on 7.12.86, in pursuance of a requisition given on 1.9.88 there for by some of the m......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......d by the learned Munsif, 1st Court, Dhaka in Title Suit No. 586 of 1983.
2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tubercul......e same, till December, 1982 and the organisation remained there as tenant till December, 1982 but continued to remain thereafter, in the said premises till today.
10. The question that calls for determination in a matter like this is whether a tenant who was inducted in as a tenant by the lan..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......ed further that the courts below quoted the evidence of the O.P.W.1, pre-emptee without discussing the evidence of P.W.1 (preemptor), his witnesses has allowed the pre-emption beyond the scope of the principle of law and thereby, committed error of law which is an error in the decision occasioning f......der or further order or orders as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-empt......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......able in this case." 12. And we are of the view that the High Court Division has considered the case correctly and in accordance with law. We are further of the view that the case is also barred by principle of waiver, acquiescence and estoppel. Even if the gift deed is considered as invalid, sinc...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For Respondent Nos. 1-9 & 15-16. Not represented-Respondent Nos.10-14 & 17-21. Civil Petition for Leave to Appeal No. 1069 of 2009. (From the judgment and order dated 25.01.2009 passed by the......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......ive since we are in seisin of a quasi criminal matter where requirement of law is that the allegations must be proved to the hilt and a contemner is entitled to get the benefit of doubt. Keeping that principle in mind we would like to dispose of the matter on the basis of admitted facts. Therefore, ...... Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ ......r respondent Nos. 2 and 3 published the final result of the election on 6-8-2001 and thereafter the newly elected members also held the first meeting on 9-8-2001. Now the only question that calls for determination is whether by the publication of the final result on 6-8-2001, the contemners have in ..Category: Civil Law | Date: | Hits: 70
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......plied by the State in the making of laws and (c) guide to the interpretation of the Constitution and of the other laws, and (d) shall form the basis of the work of the State and of its citizens. Such principles shall not be judicially enforceable for obvious reasons since the State has not yet reach......res and unconstitutional.
2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ......to enforce its orders by exacting obedience from recalcitrant or indifferent state agencies. It is therefore, needed an independent and impartial Judiciary manned by persons of quality and character, determination and resolute impartially and independence who would dispense justice without fear or f..
Category: Constitutional Law | Date: | Hits: 253
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ...... issuing any show cause notice upon him is offending to Clause (2) of Article 135 of the Constitution; that the impugned judgment and order is illegal, without lawful authority and violative of the principle of natural justice. The learned Advocate-on-Record further submitted that the High Court D......s Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1, 2 and 4. Civil Petition for Leave to Appeal No. 49 of 2010. (From the judgment and order dated the 28th day of May, 2009 ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..Category: Civil Law | Date: | Hits: 111
....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......f the original allottee.
7. The High Court Division found that the appellants have come to the Court exercising writ of certiorari seeking equitable relief but with unclean hand. Following the principle that one who seeks equity must come with the clean hands. The appellants sought equitable ......mad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease deed 144 sq. yard of land in mouza Barabo, Police Station Tejgaon presently Plot No.U/59 Block-D, Mohammadpur for 99 years on lease at a consideration of TK. 30,000.00 at six annas ground rent, Mohammad Mohib c......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
..
Category: Property Law | Date: | Hits: 41
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... case holding. This is the case land. This is contiguous to the land held by Mannan and lies next to his ‘baithakkhana’. This gave Mannan an occasion to file, almost 7 years later, an application for pre-emption of the case land and institute the Miscellaneous Case No. 4 of 1997. It was under se...... will dictate to it the particular form of the power and the function to be chosen by it in a given case to do justice in the case. For example, if the evidence on record is not sufficient for proper determination of an appeal, it will be prudent for the appellate Court, either to take or cause to b..Category: Property Law | Date: | Hits: 37
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......ee whether or not the proposed amendment is necessary to decide the issue that may arise in the suit on the basis of original pleadings.
26. Let us now consider the proposed amendment on the above principles regarding amendment. At first, we must say that the objections to the proposed amendment ......t
Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint.
2. The plaintiff and defendant Nos. 2 and 3 are engaged in the busin......amendment for adding further relief of a money decree cannot be allowed.
30. In the fact and circumstances of the case and the law, we find the proposed amendment is neither just nor necessary for determination of the real issues in controversy that may arise in the suit between the parties. The ..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......se land at that time. 5. On appeal by the petitioner the learned District Judge upheld the judgment sustaining two grounds out of the aforesaid 3 holding that the right of preemption is hit by the principle of estoppel and waiver and that the deposit of the preemption case king inadequate the pre......pposite Parties. Civil Revision No. 5039 of 1998. Judgment KM Khaled J.- This Rule, was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......rify the account and it depends on the facts of the case. Reliance has also been placed in the case of Commissioner of income Tax Vs. Messrs. Ata Hossain Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a sto......cts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return for the years under assessment showing income of Taka 5,81,386 and in response to notice under secti......ecourse to the proviso to section 13 of the Income Tax Act for computation of the assessee’s income”. 7. In the instant case the question of low profits was not matter for consideration and no determination was made by the Taxes Appellate Tribunal in maintaining, the order of the Commissioner..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......ng the petitioner any opportunity to controvert the allegation, the Court directed the bank authority (respondent No. 2) to realise Taka 16,000 from the writ petitioner. He further submitted that the principle of natural justice had been violated by not giving any opportunity to the writ petitioner ......dent No. 2 to recover Taka 16,000 with interest from 19-4-1989 from the writ petitioner.
2. Facts leading to the issuance of the Rule, in brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494...
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......ncept of functus officio will not come on the way of the Court in acting and setting aside such order in exercise of the inherent jurisdiction on the basis of true facts brought before the Court. The principle of ‘finality of a proceeding’ should not be understood to say it is a vehicle to perpe......r the Petitioners. Civil Order No. 5742 of 2001. Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in ab......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......e withdrawn. Copy of the memo has been annexed as Annexure-E to the additional paper book. 4. However leave was granted to consider whether in view of Section 21 of the General Clauses Act and the principle enunciated in the case reported in (1997) 3 Supreme Court Cases 398, the High Court Divisi......rit Petitions were heard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. ......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......and Abul Bahser transferred their .23 acres of land to the plaintiff by a registered kabala deed dated 20.06.1998. The plaintiff has been possessing the said property by erecting pucca house and then principle, Aminul Islam instituted Title Suit No. 130 of 1999 in respect of Dag No.235 and the plain......nstructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 200......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
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