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M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ry natureand factual questions are to remain beyond controversy. Thisview, however, does not reflect a rule of thumb, and there arecases, very sparing though, where the Courts can, if the interest of justice so warrant, take evidence, and can ask a deponent toproceed with verbal elaboration and that......he so called trial andconviction of Colonel Abu Taher by a Special MartialLaw Tribunal in 1976, and it was also desired by thisCourt to communicate the Order to me through my emailaddress. 3. That accordingly the Foreign Secretary of theGovernment of the People’s Republic of Bangladeshcontacted......dents (In all the Writ Petitions) Judgment March 22, 2011. Result: All the Rules that sprang from Writ Petitions no7236/10, 826/11, 1048/11 and 1059/11 are made absolute Cases Referred to- ITO Vs. M/S Seth Brothers(AIR 1970 SC 292); Smt. Guwant Kaur and others Vs. Municipal Committ......lectual pursuit but also because of his active participation in our Glorious War of Liberation, filed the first cited petition before us along with two other Petitioners, one of whom is his sister in law, invoking Article 102 of the Constitution. 4. Salient parts of the averments that emerge from..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. ......e is no demarcation between religion and charity. Charity is regarded as part of religion. 9. The Hindu religion recognizes the existence of a life after death, and it believes in the law of Karma according to which the good or bad deeds of a man produce corresponding results in the life to come....... Amarbati Natya Mandir........................Plaintiff Vs. State ……………………Respondent Judgment February 4, 2009. Result: The appeal is allowed without any order as to costs. Cases Referred to- Baisnab Das Vs. Nani Gopal, 14 DLR 364; Tulsi Ram Vs. Ramprasanna......e deceased. The learned Joint District Judge rejected the application and maintained the order of abatement of the suit. 3. It is contended on behalf of the appellant that the trial Court erred in law in treating the suit as one filed by a private individual Shri Piyush Kami Ghosh without looking..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....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. ......aintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Result: The appeal is allowed without any order as to cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 34 (2) The power of aw......ehalf of the appellant, after taking us through the plaint, written statement, evidence of DW and different exhibits from the record, contends that the learned Subordinate Judge committed an error of law in passing the decree without awarding any interest pendente lite in his decree as well as inter..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. ......ent: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: The Rule is discharged. Lawyers Involved: No one - For the Petit......r. The expression "after considering the statement on oath (if any)" clearly indicates, that examination of the complaint is not mandatory. 19. It appears that the learned Senior Special judge lawfully exercised his authority under clause (a) of the proviso to sub-section 200(1) read with sec..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. ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgment Dece......1. Result: The Rule is made absolute. The Value Added Tax Act, 1991 (Act No. XXII of 1991); sections 37, 55 The Value Added Tax Act, 1991 is absolutely a comprehensive and exhaustive law touching upon every discipline categorized under the said Act. The interpretation of the VAT Act..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......unicipal Holding No.64, Purana Paltan, within P.S. Lalbagh now Motijheel, Dhaka. The defendants have been inducted by the plaintiffs as monthly tenants-at-will at a rent of Taka 320 per month payable according to English Calendar in respect of one pucca ground floor room No.3 of the building lying a......vides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises......if the tenant thrown out of possession of the premises. It can settle only the right of the tenant as regard the possession over the suit premises i.e. whether the landlord acted in accordance with law or in accordance of the terms of the agreement, that is, if the rents illegally enhanced, if the..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
.... Kalam babul and Arif Haider Were manufacturing bombs/cocktails. Any conclusion that the accused is guilty under section 4(b) would be a mere conjecture, speculation or guess which are not in law and justice permissible grounds to base a verdict of conviction and sentence upon convict-appellant Abu ......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. ......esult: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed ...... follow from it. Every Judgment must be read applicable to the particular facts proved or assumed to be proved. Generality of expression that may be found cannot be intended to be exposition of whole law but must be regarded as governed or qualified by particular facts of the case in which such expr..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....rt empowers it to interfere with the Subordinate Courts Judgment if it appears to this Court that the Subordinate Court's have committed error of law in passing decree or order occasioning failure of justice and in that case this Court is empowered to make such order in the Suit or proceeding as it ......rials allegation in the plaint contending, inter alia, that the purchase of 0.30 decimals of land under deed No.766 dated 2.2.1937 as the exclusive purchases of the elder brother Mokdom Ali Sheik and accordingly only his name appeared in the said registered sub-kabala. Later both the brothers purcha......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...... Sheik in equal share and therefore the finding of the learned Appellate Court to the extent that the trial Court ignored the S.A. record and decreed the suit in part has no basis to be considered as lawful and that being the only vital reason shows by the Appellate Court, the impugned judgment is l..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....ion or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the petitioner or it has acted mala fide or in violation of the principle of natural justice. While considering the merit of the instant Rule, the above ‘ratio’ enunciated by the Ap...... and SA plots. 6. Thereafter the predecessor of the petitioners on the basis of the decree passed in Title Suit No.270 of 1970 by fling Miscellaneous Case No.9 of 1977-78 mutated their names and accordingly Mutated SA Khatian No.605/1. Plot No.1353/1354/1355/1356/1357/1358 and 1365 was opened i......……Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD)......d the order dated 8-10-1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No9. 19 of 1987 (Annexure-A (1) should not be declared to have been passed without lawful authority and of no legal effect and why the respondent Nos.3-5 should not be directed to mut..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....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. ......rrespondent bank which is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or simply advises the credit to the beneficiary. In case of an irrevocable letter of credit it pays and negotiates documents on d......cost of the suit be decreed against defendant Nos.1-7 and in favour of him; (f) Any other further relief or reliefs be passed in favour of him and against defendants which he is entitled under the law and equity. 3. The plaintiffs case put in a nutshell are that defendant No.1 placed a purchas..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....of the High Court are purely discretionary, it is permissible for the High Court to interfere at any stage in a pending trial provided there is sufficient material to assume that manifest or patent injustice has been done. The High Court will, especially at an interlocutory stage, not interfere unle......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. ......udgment December 17, 2008. Result: The Rule is discharged. Culpable homicide Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there i......became aggressive to each other which is spontaneous and sudden act done without any intention of causing death and as such the charge framed under section 302 of the Penal Code is not sustainable in law and as such the impugned order is liable to be set aside and that the learned Sessions Judge, Mo..Category: Criminal Law | Date: | Hits: 66
....an not be accepted, when those certificates are against the registered deeds.
12. Referring to the evidence of D.Ws. Mr. Mozammel submits that another serious error of law, occasionally failure of justice is that the learned trial court did not at all consider the evidence on possession by the de......r hand, Mr. Mozammel Haque, the learned Advocate appearing for the defendant-opposite parties by filing counter affidavit opposes the Rule. He submits that the impugned judgment and decree which was, according to him just, correct and proper. He submits that the impugned judgment is a proper judgmen......
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
5 BLC (AD) 76; 10 MLR (AD) 200; 54 DLR 354; 19 BLD (AD) 240,; 2 MLR (AD) 16; 52 DLR 491; 39 D......its that the judgment of the trial Court below is shockingly perverse and illegal inasmuch as the said court determined issue No.1 on maintainability of the suit against the established principles of law that all the ejmali properties are to be brought into the Hotch potch of the suit which was corr..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
.... the inherent power of the court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical......ding should be exercised very sparingly and with circumspection and that too in the rarest of rate cases. The extraordinary or inherent powers do not confer arbitrary jurisdiction on the court to act according to its whim or caprice. The court will not be justified in embarking upon an inquiry as to......e of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give ef......oceeding" is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This rule has its source in a maxim which means that when the law gives anything to anyone it gives also all those things without which the thing itself would not..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....rder which it deems fit and proper in the given facts and circumstances and in the instant case the facts and circumstances are so peculiar that without restraining the defendant-appellants no proper justice would be done to the plaintiffs in the instant case. The learned advocate further submits th......at contention was rejected by the Arthorin Adalat by taking a view that Arthorin Adalat will see if the case is filed by the financial institution against loanee, mortgagee or guarantor of a loan and according to the Arthorin Adalat the Siemens did not come within the description of guarantor, loane......…….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. Result: The Appeal is dismissed. Cases Referred to- 17 BLD (HCD) 204; 15 BLD (AD) 47; 33 DLR (AD) 298; PLD 1954 (Lahore) 414; AIR 1931 (Calcutta)......rd together we propose to dispose of the appeal first. 6. Mr. Mrinal Kanti Biswas, the learned Advocate appearing for the appellant submits that the instant suit is misconceived and not tenable in law inasmuch as the averments which have been made in the plaint of the present suit was exactly the..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....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. ......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. ......……………………..Petitioners Vs. 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 ...... impugned letter dated 19-4-2002 vide Memo No. BPRH/2L/23/2003-294 issued by respondent No. 4, evidenced by Annexure-T to the petition, moved in Court should not be declared to have been made without lawful authority, illegal, without jurisdiction and is of no legal effect and the respondents should..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. ......an of the minor; he was not appointed as guardian by the Court; the plaintiff could not know anything earlier about aforesaid deeds; the plaintiff could know on 12-10-98 about the aforesaid deeds and accordingly, instituted the instant suit. 3. The defendant Nos.1-4 contested the suit denying all......Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved&nbs......transferred the 18 decimals of land on 17-2-73 by 4 deeds to the defendant Nos.1-4; that the plaintiffs name was shown in the serial number 4 of the said deed dated 17-2-73 which are illegal, without lawful authority; that the 6 decimals of land showing in the aforesaid deeds and showing the defenda..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cas......fter dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to all the aforesaid decisions wherein it has been held, according to him, that even for the ends of justice relief cannot be granted under section 151 CPC r...... under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Referred to- Syed Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and others Vs. Azi...... 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. ..Category: Procedural Law | Date: | Hits: 82
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....6 of the Penal Code, if we do not record an order of acquittal in favour of accused Fazlul Huq the non-appealing accused, it means that we are allowing an illegal order to perpetuate. The fountain of justice must not be stopped to the deprivation of any and its flow be allowed to continue so that ev......gued that the accused Mesbahuddin and Arzan could be held liable for commission of murder although they were charged under section 396 of the Penal Code. If the charge of commission of dacoity fails, according to Mr. Chowdhury they may be charged on the other part of the charge, namely, commission o......………..(10) Lawyers Involved: Abdul Malek with Imman Ali and AHM Mushfiqur Rahman, Advocates - For the Appellant (In Criminal Appeal No.1064 of 1992). Amirul Kabir Chowdhury, Deputy Attorney General with SA Hasan, Assistant Attorney-General - For the State. Death Reference No.14 o......88 and on the same date he succumbed to his injury. He brought the death certificate Ext. 10. At the time of his death his name was not known but subsequently it was gathered from his mother‑in‑law. This is the only isolated statement so far made by the prosecution that deceased Tajul died as ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....ng. 11. The learned Advocate also repeatedly urged the Court to take into consideration the nature of the Bainapatra. According to him, it is a forged one and the Court should see that substantive justice is done. The facts are such that the Bainapatra in question may very well be found to be a f......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......t: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial......................(9) Even if a Bainapatra in question is found to be a fake one, such a finding can only be made by the civil Court and not by the High Court Divis......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....l Lawyers Association executive director Syeda Rezwana Hasan said that the law required Rajuk to demolish the building without waiting for a political decision. 26. If law is subject to politics, justice can never be ensured, she commented.” The allegations as figured in the reproduced Arti...... and semi statutory agencies, including those that purported to transfer the land to BGMEA, states BELA, “quite conveniently and designedly obliterated these facts.” The authorities concerned, in according clearance for the building, also played the same kind of gimmick. BELA obtained precious d.......................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule is made absolute. Cases Referred to- RAJUK Vs. Abdur Rouf Chowdhury (RANGS Building Case); Jamuna Builders Ltd. Vs. RAJUK (Jamuna ......struction), RAJUK,Dhaka 5) Deputy Commissioner, Dhaka and Commissioner, Dhaka Metropolitan Police, Park Avenue, Dhaka should not be directed to take necessary and appropriate steps in accordance with law to demolish the BGMEA Building located at Hatir jheel, Dhaka, being an unauthorized construction..Category: Constitutional Law | Date: | Hits: 642
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