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Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......which those PWs have stated categorically. 54. Lastly, the learned Senior Counsel for the appellants submits that the accused persons are entitled to get benefit of doubt. But it is an established principle of law that benefit of doubt should be given to the defence but that doubt must be reasona......ed Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2(two) ye......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......by limitation and it is bad for defect of parties. It has also been contended that the suit is barred under section 42 of the Specific Relief Act. It was further contended that the suit is hit by the principle of res judicata. It was contended that the summons of the case was duly served upon the de......rned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was conte......tion at the time of hearing of the appeal, which materially affected the ultimate fate of the appeal and, as such, the impugned judgment and order have not occasioned failure of justice. Point for determination. 10. The only point for determination in the appeal is whether the learned District..Category: Procedural Law | Date: | Hits: 81
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......ommittee and that having had made the order for leasing out the fishery afresh upon inviting bid through well circulated tender without hearing the petitioner and that thereby having had violated the principle of natural justice the said order of the Divisional Commissioner not being legal and that ......apara Beel, popularly known as Gacher Jouar fishery, hereinafter, in short, the fishery, situates in the police station Salla, Sunamgonj; that as per policy regarding leasing of fishery that has been formulated at the level of Ministry of Land and that circulated for the guidance of the officials at......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e forged, collusive, ineffective, inoperative, non-existent, baseless and not binding upon the plaintiff, is not maintainable in this subsequent suit as it is barred by limitation as well as by their principle of res judicata under section 11 of the Code alleging the, that plaintiff-opposite-party h......d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194...Category: Property Law | Date: | Hits: 64
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......nce of the defendant-petitioner, is directed against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite ...... those deeds and the signatures of PW 2 are not so relevant for the disposal of the suit and the learned Subordinate Judge rightly held that without taking any opinion from the expert, the issues for determination can be decided. 10. Furthermore, there is no legal authority which bars the trial j..Category: Property Law | Date: | Hits: 28
Kashem Vs. State, 2001, 30 CLC (HCD)
....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ......t of GR Case No. 439(2) and Bhairab Police Station Case No. 5(4)95 dated 17-4-95, convicting accused appellant Kashem under section 19(A)(f) of the Arms Act and sentencing him thereunder to suffer RI for 10 years and to pay a fine of Taka 3000, in default, to suffer RI for a further period of one ye......the appellant under section 19(A) of the Arms Act and, as such, the impugned order of conviction and sentence calls for no interference by this Court. Point for Determination The only point for determination in the appeal is, whether the learned Special Tribunal was justified in convicting and..Category: Criminal Law | Date: | Hits: 37
Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)
.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......ot punish anybody without being satisfied on the basis of materials before him, that the judgment-debtor has willfully disobeyed or violated injunction. Such a course is also grossly violative of the principle of natural justice. Prudence, equity and good conscience revolt against such a preposterou......dsha @ Siddique and others 45 DLR 483; Manindra Nath Panal Vs. Ahmed and others, 1967 PLD (Dhaka) 621. Lawyers Involved: Garib Newaz, Advocate — For the Petitioner. Kazi Md. Shafiqul Hasan for Shafiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgme...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..Category: Procedural Law | Date: | Hits: 79
Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)
....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......ection shall be deemed to preclude further investigation in respect of an offence after a report of sub-section (1) had been forwarded to the Magistrate”. 7. In this regard, we have followed the principle laid down in 48 DLR 158 in the case of Rahamatullah Vs. State. It was decided in this case......nt Attorney-General—For the State. Criminal Miscellaneous Case No. 1100 of 1999. Judgment Md Hamidul Haque J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in respect of the present petitioner of Sessions Case No. 83 of 1997 pe......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184...Category: Procedural Law | Date: | Hits: 65
State Vs. Moslem, 2002, 31 CLC (HCD)
....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......he train of crime could not be stopped. Social stability and an order are required to be regulated by proceeding against the offenders and by imposing proper punishment mandated by law. Society's cry for justice becomes louder and Court must hear the loud cry for justice by society, more particularl......age a criminal. We cannot go against the legislative mandate and award lesser sentence. The last contention is, also, not accepted and it fails. 51. The fundamental question which now survives for determination is, whether awarding of conviction and imposition of Death Penalty upon condemned pris..Category: Criminal Law | Date: | Hits: 82
....
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168.......ubmits that, the petitioner was also not given any show cause notice prior to issuing the impugned notifications purported to curtailment of his area already covered by his licence, which offends the principle of natural justice.
7. The learned Advocate Mr. Abdul Baset Majumder appearing for movi......A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation of the impugned orders vide Annexures ‘A’ and ‘B' was stayed by th......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202....... enlarging the meaning of the word, by also clothing it with the connotation given to it in the interpretation clause in addition to the sense which it conveys in common parlance. This is an accepted principle of interpretation and needs no authority to support it and if one be needed the discussion......lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and Revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3) (iii......l authority as embodied in the General Clauses Act will be applicable in Income Tax Act, he has relied on the decision reported in AIR 1963 (SC) 1891. 15. Now the pertinent question that calls for determination in references is, whether Bangladesh Food and Allied Industries Corporation, now renam..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196....... their Lordships observed: “It is beyond the pale of controversy that a suit must be tried in all its stages on the cause of action that had arisen before the institution of the suit. This basic principle cannot be ignored in the decision of the question whether a suit should be decreed or not.......d 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanen......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
.... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......iullah Siddique and about the subsequent sale by said Jabiullah Siddique inasmuch as the petitioner is in possession of the said property. The petitioner filed the writ petition alleging violation of principle of natural justice and alleging that the auction sale by the bank is in fact an arbitrary,......n-Record-For the Petitioner. Harun-Or-Rashid, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 8. Not Represented-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave ...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......le on record. In this respect we may refer to 27 DLR 122, Aruna Sen Vs. Government of Bangladesh and others wherein his Lordship DC Bhattacharya, J, observed as follows: 19. Under the well settled principle of law endorsed by a long line of judicial authorities, any person charged with the author......lage Bauria, PS Shandip, District Chittagong at present 412/A, Ashkona PS Uttara, Dhaka being detained in Central Jail, Dhaka, under section 3 of the Special Powers Act, 1974, should not be brought before this court so that it may satisfy itself that he is not being held in custody without lawful au......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......-sharer in the tenancy, the right of preemption did not accrue in their favour and, as such, their application for preemption must fail." Whereas, Mr. Shahabuddin Ahmed, J finds- “The principle of law on this subject is that where an under-raiyati is created by a raiyat, the latter i......a in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 passed by Subordinate Judge, Fourth Court at Dhaka in Preemption Miscellaneous Case No. 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agricultural......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......u Sikder only at the time of trial which raises serious doubt as to the actual manner of the alleged occurrence and if the condemned appellants were at all involved in assaulting Shamsu. 25. It is principle of law that when a dying declaration of the victim is stated by the witnesses and the decl......d by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑00 AM Md. Shamsu Sikder, the elder brother of the informant Md. Somez Sikder went to Elashin Ghat to buy fish fry and while he was taking tea in the tea......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... dated 10-6-1999 passed by the Assistant Judge, 2nd Court, Dhaka, in Family Suit No. 140 of 1998 dismissing the suit. 2. The opposite party as plaintiff filed the above Family Suit No. 140 of 1998 for getting maintenance for her daughter from the defendant-respondent-petitioner. The case of the p...... parties at length and perused the judgment of the courts below and the other relevant materials on record. 7. From the above stated facts it is evident that in this Rule the moot point raised for determination is whether the suit filed by the plaintiff for maintenance of her daughter is maintain..Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......oor and the purposes of the association included the advancement of other purposes of general public utility, the income of the association was exempt under section 4(3)(i) of the Act. Relying on the principle as expounded in the cited cases it is contended that the Taxes Appellate Tribunal in the f......rence Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are answered by this judgment. The first ref......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......not furnish Bank Guarantee or security as required under the provision of law under section 33 of the Arbitration Act is a nullity in the eye of law. Lastly, Mr. MA Samad submits that it is a settled principle of law that an application under section 33 of the Arbitration Act rendered the said writt......itten objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed betwee...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......o the members of public so as to saddle them with knowledge. At best they may be guideline for the use of the officers of the department, without prescribing any sanction against the violation of the principles contained therein so far as the members of the public are concerned. 12. Exceptions to......3. It is stated in the petition that the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding meetings of the Thana Parishad co-ordination committee for ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
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