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Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......f the suit land. It appears though there is evidence regarding taking and delivery of possession of the suit land by the defendants to the plaintiff, but none of the Courts gave any finding as to the question of delivery of possession. It is true that the appellate Court in his discussion on the dep......ned Assistant Judge, Bhedargonj, Shariatpur in Title Suit No.11 of 1993 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- On 03.03.93 plaintiff (petitioner herein) filed Title Suit No...Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ......plex Bhaban on the old site and accordingly, the Government accorded its approval and in this view of the matter, no exception can be taken thereto. 12. Mr. Md. Ataur Rahaman also submits that the question of granting administrative approval for construction of the new Complex Bhaban on the old s......n of the new Complex Bhaban thereon is not justiciable. In such view of the matter, we hold that the present Writ Petition is not maintainable. In the light of the foregoing discussions and in the facts and circumstances of the case, we find no merit in the Rule. The Rule, therefore, fails. Ac..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......bsp; Judgment Md. Abdul Jalil J.- This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deem......nal offence against an accused. The learned Magistrate appears to have passed an order arbitrarily in the instant case without assigning any reason whatsoever and without applying his mind to the facts of the case. In this view of the matter we do not find any illegality in the impugned order of..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......the accused Mostafizur Rahman fell ill and by an application with a medical certificate a prayer was made on his behalf for time, as he could not appear in Court due to his illness. From the order in question, it does not appear that the medical certificate was found to be false or in genuine by the......ast contention of the learned Advocate for the appellant is on the merit of the appeal. He strongly submits that the appellant is innocent and he has been falsely implicated in this case and that the facts and circumstances of the case and the evidences on record though without cross‑examination d..Category: Criminal Law | Date: | Hits: 110
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......9. Further I have already noticed that Mr. MR Islam Azad was authorised by a resolution of Board of Directors of the plaintiff‑company to file the suit, so the suit was filed authorisedly. The only question therefore remains who can sign the plaint and the verification. Obviously the Managing Dire......and the defendant No.8 is the agent of defendant No.1 in Bangladesh. There are other defendants, but for the purpose of disposal of these applications they are not required to be mentioned. 6. The facts of the case as is transpired from the plaint appears to be that the defendant No.5 Orchard Lim..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......followed by divorce and the plaintiff could establish consummation which could not be negatived or destroyed in any way by the defence evidence, the plaintiffs' suit has been rightly decreed. Now the questions pose that even if there was salish, whether the salish had authority to reduce the amount ......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......the Duty Security Officer (DSO) who contacted his superior officer over the telephone and, being unable to becalm Mr. Hossain, he contacted the taskforce officials, who took him to their office for questioning. The report further states that it became apparent on the following day that the taskfor...... relating to the proceeding of the Court martial which took place against the five taskforce security officials engaged on security duty at the relevant time at Zia International Airport. 3. The facts, in brief, are that on 14-4-2008 one Barrister Rezwan Hossain, a British National of Banglades..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ...... the Opposite Party No.1. ARM Hasanuzzaman Advocate - For the Opposite Party Nos.2(a)-2(m). Civil Revision No.985 of 1991. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the Judgment and decree dated 09-03-1989 passed by the lear......ing Other Class Appeal No.47 of 1984 and dismissing the suit by reversing those of dated 11-03-1984 passed by the learned Munsif, Sirajganj, Decreeing the Other Class Suit No.259 of 1980. 2. Short facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Clas..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....her accused person snatched away the said money amounting to Tk.17,000/- and the accused appellant Shahid who caused injury to the informant Abu Bakar was caught red handed and this witness also made identical statements like P.Ws.1 and 2. In cross-examination he stated that he did not make any stat......y prejudiced in conducting his defence in the trial. In the case reported in AIR 1972 (SC) 535 it has been held that the real importance of this section lies in that it imposes a duty on the Court to question the accused properly and fairly so as to bring home the exact case he will have to meet and......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......ied). 15. Besides, the grounds taken in the petition and the submission that this petitioner had no manner of involvement with the aforesaid deal and that he did not receive the goods etc. are all questions of fact which the parties are entitled to prove at the time of trial and these facts canno......trate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the Code, briefly are that, one Nurul Azim..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... A convict may invoke the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure if he can make out a case of 'coram non-judice’ of the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no leg..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... to give effect of transfer endorsing on licence No. 7-Shrimp/2000 issued under No. 34 dated 23-1-2000 and No. 8/Shrimp-2000 issued under No. 35 dated 23-1-2000 in favour of the petitioner. 2. The facts leading to the issuance of the Rule, in brief, are: MHK Enterprise Ltd of 14 BFDC Industrial E..Category: Civil Law | Date: | Hits: 124
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... relates to rejection of plaint, limitation etc., most illegally and in an unlawful manner passed the impugned Judgment and Order and thereby the revisional Court committed an error of an important question of law occasioning failure of justice. He submits that the revisional Court on misconceptio......strict Judge, Dhaka wherein the predecessor in interest of the petitioners are different. The defendants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in pr..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....e from other sources of income and it may only be set off with the profit of business of the succeeding years. He lastly contends that the question posed in reference application No.93 of 2005 is not identical to question No. III of his reference application and, as such, the said decision has no ma......ccording to the provisions of sections 29, 30(e) and 37 of the Ordinance and rule 65 of the Income Tax Rules (hereinafter stated as the Rules), which resulted in this reference application. 5. The questions formulated in this reference application for our answer are as follows:- ‘(I) Whethe......The assessee-applicant being seriously aggrieved by the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without considering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting t..Category: Fiscal/Taxation Law | Date: | Hits: 107
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......blemooring P.S. Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121-A/109 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong. 2. The relevant facts for disposal of these rules, are that, a lengthy complaint was made by the complainant, Maxim ..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ...... the submissions advanced by the learned Counsels, we have gone through the writ petition along with other materials on record and given our anxious consideration to their submissions. 7. Now, the question that calls for considerations is, whether the payment or deposition of compensation mon......1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), issued by the respondent No.2, should not be declared to have been passed without lawful authority and of no legal effect. 2. Short facts leading to this Rule are that the Land Acquisition Officer, Rajshahi, respondent No.3 in LA ..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......urther submits that since there was no entrustment of any property with the accused petitioner it will be harassment of the petitioner and an abuse of the process of law if the criminal proceeding in question is allowed to proceed. 5. On perusal of the complaint, it appears that although the accu......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..Category: Civil Law | Date: | Hits: 144
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......RAJUK) as the appellant following leave is directed against the judgment and order dated 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 discharging the Rule. 2. The facts, leading to this appeal, are precised below:— The respondents herein as the plaintiffs fi..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......nd not the owner. (3) Whether the petitioner purchased the flats with her own money or it was purchased with the money of her husband, the Judgment-debtor to avoid loan liability, being disputed questions of fact cannot be decided in Writ jurisdiction and so, the writ petition is not maintainab......- In this Rule Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.123 of 2002. 2. Material facts relevant for disposal of the Rule are as under: 3. The petitioner is an officer of Bangla..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......intainable as such the proceeding in Sessions Case No.1351 of 2007 cannot be quashed. Hence the application under section 439 of the Criminal Procedure Code is liable to be discharged. 9. The only question that survives for determination in this rule is whether the order NO.09 dated 02.03.2008 in......le, in short, is that the opposite party No.2 Mr. Arshadul Shafi filed a C.R. Case against accused petitioner Haji Mohammad Salim Ullah under section 138 of the Negotiable Instrument Act, stating the facts, inter alia, that he and the accused entered into a partnership deed for business on 24.02.200..Category: Criminal Law | Date: | Hits: 107
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