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State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....evealed that a boy named Md. Nazrul Islam, son of Arshad Ali of village Tengrakhall, Police Station Shyamnagar, District Satkhira, being convict No.1755/86 had been in custody for a long time without any case. The news item disclosed that he was involved in several criminal cases including a gang ca......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......gally and without jurisdiction and every moment of his detention should be declared illegal and void. As regards these three cases which were tried by the Courts Mr. Rafiq‑ul‑Huq submits that the proceedings of these three cases in respect of the present detenu are also void ab initio. In this c..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
.... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Power Grid Company of Bangladesh Ltd…………………......Petitioner Vs. Rowshon Ara Begum and others…......ation of the paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ssed by the High Court Division in Writ Petition No. 10651 of 2007 making the Rule absolute. 2. The respondent Nos.1 and 2 as petitioners, filed the above mentioned writ petition challenging the proceeding of L.A. Case No.13 of 2007 along with a notice served under Section 6 of the Acquisition ..Category: Property Law | Date: | Hits: 81
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....idence of commissioners and pointed out discrepancies as regards the quantum of works done by the plaintiff, inasmuch as, the commissioners admitted that they did not measure post work level works of any of the groups and also did not measure the works up to the plinth level of Gousul Azam Mosque. A......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ...... in the above writ petition and thereupon he did some earth works. The defendants asserted that they were compelled to give the work orders as per direction of the High Court Division in a contempt proceeding. The writ petition was ultimately discharged. In view of the above, whatever works the pl..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....ct cannot take cognizance on the basis of a prosecution report from an Inspector of Narcotic and Liquor. The Act provides that cognizance may be taken by the Special Tribunal on a report submitted by any police officer not below the rank of sub‑Inspector which is very much lacking in the present c......1 who is the owner of MS Drugs and thereafter accused appellant Jane Alam who was a porter packed up the cartons and requested said Mujibor Rahman to call a rickshaw for carrying the cartons. At this stage Mujibor Rahman came out of the market and informed the trap party who were awaiting, who then ...... Powers Act which has no application in the circumstances of the present case and as the Special Tribunal had no jurisdiction to take cognizance and to proceed with the trial this vitiated the entire proceeding. 4. Mr. MA Latif, the learned Advocate appearing in on behalf of the State, submits th..Category: Criminal Law | Date: | Hits: 60
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....iewing the earlier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Director of Land Records has not been vested with any statutory power to entertain and dispose of any review petition and as such his order is liable ......at any portion of the proceedings referred to in rules 28‑32 in respect of any district, part of district or local area shall be cancelled and that the proceedings shall be taken up fresh from such stage as he may direct." From the aforesaid Rules it appears that the Director General of Land Re...... of the East Bengal Tenancy Rules 1955 and caused interference under Rule 42 of the said Rules by holding that he had powers to correct, modify or set aside any record of rights made or passed in any proceeding following Rule Nos. 28‑32 of the said rules. 14. Let us have a look at Rule 44 of th..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....osecution is bound to prove the demand of the gratification by the offender, the payment of the same and ultimately its recovery. He submits that unless these conditions are fulfilled there cannot be any conviction under section 161 of the Penal Code. He submits that in this case the prosecution by ......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......ctions in not residing at her official quarter and when the appellant took action against said Rezia Khatun the informant in connivance with Rezia Khatun hatched upon a plan and initiated the present proceeding. The trial Court on consideration of the evidence on record found the appellant guilty of..Category: Criminal Law | Date: | Hits: 90
....er contained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner, Kazi Shafiul Na......ad Master of St. Joseph's High School with copy to the petitioner on 13.5.90.
15. So it appears that the petitioner was given all opportunities to defend himself and to explain his position at all stages. The Board is the sole authority to maintain and preserve discipline and to hold examinations......er Ahmed, Upazila Accounts Officer, Babuganj at the time of his transfer and Mr. Nur Mohammad received these scripts from Mr. Meser Ali giving written receipt. It is also stated that two departmental proceedings are now pending against the petitioner's father for misusing of official power and helpi..
Category: Civil Law | Date: | Hits: 159
....t is in possession of the suit land by leasing out the same on yearly basis to different persons and that the plaintiffs never took settlement of the suit land from Narendra Nath Laha and never got any patta or issued Dakhila to the plaintiffs. The plaintiffs procured some collusive and fictions......ed a suit for setting aside the auction sale which was decreed on compromise and the sale was set aside. The plaintiffs further alleged that during preparation of P.R.R. Khatian, at the initial stage the suit land was recorded in the name of the plaintiffs but in final record the suit land was......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
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Category: Property Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
....claim on the basis of a decree of a specific performance of contract and they having obtained a document by filing an execution case but they having not given possession of the suit land in view of any execution case the Courts below committed an error believing the story of handing over possessio......stered in his favour through Court on 1st September, 1984. The plaintiff has since been peacefully possessing the suit land, detailed in the second schedule out of the "1st schedule land and at one stage, the defendants threatened to dispossess him, which compelled him to institute the suit. ...... of Upendra Kumar Dey and Tara Moni Dey contested the suit by filing written statement. The suit was ultimately decreed by judgment and decree dated 15th January, 1980. In pursuance of an execution proceeding the plaintiff got a sale deed executed and registered in his favour through Court on 1st ..Category: Property Law | Date: | Hits: 50
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....the petitioner further submits that 164 working days which had been excluded by the learned Sessions Judge from 339 working days till the date the order was passed was arbitrary, unlawful and without any basis. He had submitted that the learned Sessions Judge should not have excluded 164 working day......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......ude 164 working days on the ground that those days were consumed by adjournments of the case at the prayer of the prosecution (also of the defence on one occasion). 10. Therefore, we find that the proceedings of the Sessions Case in question stood stopped actually on 25.2.91 and there cannot be a..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....ter alia, that the complainant's Firm M/s. KM. Alam & Co. of 80, Motijheel Commercial Area, Dhaka is a senior Chartered Accountant firm and the said firm was appointed as auditors of the said company of accused Nos. 1 and 2 namely M/s. Froglegs Export Ltd. of which accused petitioner is the Mana......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ...... Revision No.229 of 1985. Judgment Muhammad Ansar Ali J.- This Rule at the instance of the accused petitioner was issued upon the complainant opposite party to show cause as to why the impugned proceeding should not be quashed or in the alternative why the order dated 9.10.85 complained of in ..Category: Criminal Law | Date: | Hits: 98
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....why the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are ......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......itioner joined in service of Bangladesh Forest Industries Development Corporation (BFIDC) on 17.4.73 as a Junior Accountant. He was promoted to the post of Accounts Officer with effect from 1.9.76. A proceeding was drawn by the respondent against the petitioner under Memo No. H/Estt/VII‑788/84/292..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....ccused petitioner for seven days in Kotwali PS case No.31(7)92 behind the back of the petitioner without even forwarding him before the Magistrate. The Chief Metropolitan Magistrate without assigning any reason allowed the remand of the accused petitioner in police custody for one day. 6. On 22.6......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......high handedness in the executive and as Khondaker Moshtaque Ahmed was not produced before any such Magistrate, the circumstances adds to the dimension of the contention that the arrest and subsequent proceeding was mala fide”. 15. The accused petitioner was arrested on 3.9.92 in connection with..Category: Criminal Law | Date: | Hits: 87
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....ing to early civil law the consent of the parties was sufficient; but it seems doubtful, whether under the early English common law a marriage without a minister was valid. In this country, however, many States have adopted the view that a marriage may be valid even without a ceremony before third p...... as husband and wife together for a considerable time and the marriage was duly consummated. With the passage of time the respondent became more greedy and started demanding dowry from her and at one stage the respondent drove her away from his house. Respondent contested the suit denying the marria......d Habibur Rehman Chowdhury V. Syed Altaf Ali Chowdhury, AIR 1922 PC 159, and made the following observations: “Legitimacy is a status which results from certain facts, whereas legitimation is a proceeding which creates a status which did not exist before. This proceeding becomes necessary wher..Category: Family Law | Date: | Hits: 318
....o in section 16."
"16. Acting Chairman.‑(1) If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, a member elected by the Union Parishad from amongst the elected members shall act a......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......peratives, Mr. AY Salehuzzaman, Deputy Attorney‑General has also produced before this Court the letter of the Deputy Commissioner, Pabna addressed to the said Ministry, annexing a photo copy of the proceeding of the first meeting of the said Union Parishad held on 15.1.89 under the Chairmanship of..
Category: Election Law | Date: | Hits: 129
Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....enu Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. The learned Advocate for the petitioner submits that the detenu is Modha......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......10‑2002 under section 54 of the Special Powers Act and after holding investigation the police recommended discharge of the present detenu and other accused of the case. From the order sheet of this proceeding under section 54, of the Cr.P.C. we find that police recommended for discharging the pres..Category: Criminal Law | Date: | Hits: 55
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
.... J James Finlay Plc..............Petitioner Vs. Commissioner of Income Tax……………..………Respondent Judgment December 8, 2000. Case Referred to- Unit Construction Company Ltd Vs. Bullock (Inspector of Taxes) (1961) 42 ITR 340 (HL). Lawyers Involved: Syed Ishtia......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......4(1)(3) of the Convention, read with section 4(A)(c) of the Income Tax Act, 1922 and section 2(55)(c) of the Income Tax Ordinance, 1984, The learned Advocate submits that the Tribunal erred in law in proceeding with the presumption that the company was resident in both UK and Bangladesh on the groun..Category: Fiscal/Taxation Law | Date: | Hits: 120
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....nment called for various documents, such as, her title deed, nationality certificate, non‑option certificate, etc. and she duly produced all documents to the Government. The Government did not pass any specific order releasing the said property and the matter is, according to the petitioner still ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......rs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..Category: Property Law | Date: | Hits: 75
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....nterim injunction issued earlier. Both the cases are being disposed of by this judgment and order. 2. The above mentioned suit was filed for declaration that discharge by defendant Nos. 2 to 18 of any function as office‑bearers of the Central Committee of Bangladesh Pustak Prakashak and Bikreta...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......e contesting defendant opposite party Serajul Hoque wherefrom it is clear that the learned Assistant Judge passed the impugned order dated 24.2.1993 with a clear knowledge of the order of Stay of his proceedings granted by this Court on 22.2.1993 in Civil Revision No.482 of 1993. In the affidavit it..Category: Civil Law | Date: | Hits: 104
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....ees. This evidence is also with regard to the fact that the property was taken over in 1969 as enemy/vested property. 8. As regards documentary evidence it appears that the plaintiff submitted so many documents in order to prove her case. Exts. 1 (Ka) are the two registered kabalas in favour of t......iff that the suit properties are old and dilapidated and it was unfit for human habitation and for that reason she required to demolish it, we may consider the quantum of rent of the 65 rooms at this stage. In pursuance of the assertions and evidence as adduced by the plaintiffs in this suit, there ......laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ..Category: Property Law | Date: | Hits: 75
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