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M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....€™s jurisdiction by section 3(4) (a) of the regulation. The so-called regulation empowered the tribunal to sit in camera at the so-called chair’s discretion. 7. The so-called regulation placed a total clog on appeal, stipulating, “No appeal shall lie to any authority from any decision or judg......atory to the rights of the citizens.” “That can not be termed a trial at all”, expressed Dr.Zahir, “where the accused is not told of the offence he standsin the dock for.” He stated that absence of records sheds athick cloud over the whole scenario. “All is not well in Denmark,” utt......h power to try any offence, whether committed before or after the commencement of the regulation. Crimes under Chapter VI and VII of the Penal Code were also brought within the so called tribunal’s jurisdiction by section 3(4) (a) of the regulation. The so-called regulation empowered the tribunal ..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......rejected the application on the reasoning that after the death of the plaintiff Shri Piyush Kanti Ghose as no application for substitution was filed within 90 days the suit had abated and that in the absence of any order for the institution of the suit in the representative capacity, the suit could ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....ayment of said loan but subsequently, as the defendant failed to repay the accumulated loan of Taka 8,15,671.65 plaintiff-banks was constrained to file the suit for realization of the loan money. The total outstanding up to 11-1-88 was calculated at Taka 9,18,219.65. Hence is the suit. 4. The def......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tself in not holding that without issuing any final demand under section 55(3) of the VAT Act, any action taken under section 37(2) of the said Act for alleged evaÂsion of VAT is illegal and without jurisdiction and for that reason the order should be declared to have been passed without lawful ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
.... shall be paid within 7 days of following next month. Defendants are always irregular in makÂing payment of monthly rent and stopped payment of rent for the period of January, 1975 to December, 1977 totaling Taka 11,520. In further case of the plaintiffs that without the knowledge and consent of th......Learned Advocate on reference to section 24A(2) of the Code of Civil Procedure submits that, as per section 24A (2) of the Code, Court is bound to inform the parties as to transfer of the case and in absence of any notice to the parties informing the transfer. Court has no jurisdiction to pass any o......t: The rule is made absolute. Jurisdiction of the Small Causes Court Small Cause Courts are constituted under secÂtion 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of th..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....CR 2005 HCD 392 (wherein one of us A.K. Badrul Huq J. was a party), 48. True it is that P.Ws.4, 5, 8, 9, 10, 11, 14, 15, 17, 20, 21, 22, 23, 30 and 31 had been declared hostile as they had given a total go-bye to prosecution case and lent assurance to the defence case but the evidence of above P.......e Code…………………………(26) Words and phrases Reasonable doubt The expression "Reasonable Doubt" is incapable of definition. Plain meaning of "Doubt" is uncertainty of mind, the absence of a settled opinion or conviction, the attitude towards acceptance of a belief in propositi......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. Khatian No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik fo......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......be a correct finding. 24. To address the point of non-preferring of Appeal by the defendant-respondent-petitioner against the preliminary decree, it will be sufficient to state that the Revisional jurisdiction of this Court empowers it to interfere with the Subordinate Courts Judgment if it appea..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
..... 2. Facts leading to the institution of the writ petition are as follows: - That the land of Mouza- Tejkunipara under Police Station Tejgaon, previously Keranigonj, District Dhaka measuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally b...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......inally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further asserted that respondent No.6 filed Miscellaneous Case No.355 of 1968 in..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....intiffs case put in a nutshell are that defendant No.1 placed a purchase order no.RMS/SCI/ 06/2004 dated 14-06-2004 on him for supply of 2,54,448 sets(21,204 dozens) garments of different style for a total amount of US$ 5,21,618.40, date of shipment being 01-08-2004, date of expiry being 10.08-2004.......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......es of the case…………………………(14) Culpable homicide and grievous hurt The offence of culpable homicide supposes an intention or knowledge of likelihood of causing death. In the absence of such intention or knowledge, the offence committed may be grievous hurt. It is only where...... After taking evidence the learned Sessions Judge has power to alter the charge. So the impugned order of the learned Sessions Judge, Moulvibazar should not be interfered by exercising the revisional jurisdiction in this case. In this connection the decision in the case of Jashimuddin Khan Vs. Md. A..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......take any step to prove those deeds as genuine by comparing the signature of thumb impression therein by hand writing expert. The learned Advocate further submits that the suit land is situated in the jurisdiction of Gomostapur Sub-Registry Office but the two deeds of Heba-Bil-Ewaz under challenge we..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......of justice are put to jeopardy and also to correct patent illegalities……………………………..(8) The High Court Division while exercising power under section 561A should not usurp the jurisdiction of the trial court. The power under the section has been vested in the High Court to qu..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ant the Siemens Bangladesh Ltd. and the same plea before the Arthorin Adalat Case failed but for a technicality of law and the Arthorin Adalat did not or could not go to decide that issue for want of jurisdiction. Therefore, although the factual aspect made up to be similar in both the cases but it ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....cres of land in the disputed area, as such, there is no question of encroachment of the land of the writ petitioners on the part of the Government for installing CNG filling station. Respondent No. 5 totally denied the case of the writ petitioners and stated that land measuring 1.17 acres in CS Plot......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disputed question of fact cannot be gone into in writ jur..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... behalf of the plaintiff opposite party, on the other hand, submitted that the learned appellate Court on considering the evidence of the P.W.s and DWs on record rightly allowed the appeal and in the absence of any misreading or non consideration of the material evidence on record, the finding of fa......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......ment of Bangladesh, reported in 1986 BLD 232. Their Lordships in the decisions cited by Mr. Alam have dealt with two aspects in the particular litigation. One being whether the dismissal order is for absence of the plaintiff simpliciter, secondly, whether it has been caused due to mistake of the Cou......তদবীর অŕ¦ŕ¦ľŕ¦¬ŕ§‡ খারিজ করা হইল।” 8. So, Mr. Mahbuey Alam, the learned Counsel, submits that although the provision of section 151 CPC cannot be invoked and jurisdiction under it cannot be ordinately exercised to give relief but in the present circumstances..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ed that the liability of committing murder and committing dacoity being joint liability all of them should be convicted under section 396 of the Penal Code. 6. Upon reading the evidence in its sum totality, we find that the prosecution has tried to establish that about accused Mesbahuddin, Arzan ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ..Category: Criminal Law | Date: | Hits: 75
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