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Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....tion case finding that the case is barred by principle of waiver, estoppel and acquiescence but the Court of appeal committed error in law resulting in an error in the decision occasioning failure of justice in finding that the case of waiver, estoppel and acquiescence has not been established again......urts to decide that the elder brother pre-emptor No.2 and other persons who were also offered to purchase the land but denied can not be allowed to pre-empt the sale made to the strangers and as such according to Mr. Md. Mahbub Ali, the trial Court was right in dismissing the preemption case but t......sent: Md. Nizamul Huq J Rais Ali alias Md. Rais Ali and others…………………Petitioners Vs. Mst. Hajera Khatun and others…………………….Opposite Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and o......inciple of waiver, estoppel, and acquiescence will not be applicable upon the pre-emptors in the facts and circumstances of this case of pre-emption and as such the trial Court has committed error in law in finding that the pre-emption case is barred by principle of waiver, estoppel and acquiescence..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ...... - For the Opposite party. Civil Revision No.1221 of 2007. Judgment M. Enayetur Rahim J.- This rule at the instance of the decree holder petitioner was issued calling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga i......y the said order the petitioner corporation has preferred the present provisional application. 8. Mr. Shahid Alam, the learned Advocate for the petitioner Submits that the Executing Court erred in law is not allowing the costs for advertisement for auction notice, published in the newspaper and t..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....ere there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case...... in default, the order stood disallowed. 17. He submitted that the Court has no jurisdiction to extend such an agreed period of time beyond what was fixed in order dated 8-2-07 and the Court below accordingly, rejected the application dated 19-3-07 by the impugned order, which does not call for a......re specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case…………......n after the expiry of the period originally fixed or granted. Only exception to such general principle is when the period is fixed or granted by the Court on the basis of the period prescribed by any law, the Court then would have no power to extend such period of time under the section. Similarly, ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....The accused petitioners themselves drew the money and misappropriated the same without paying to the complainant. Therefore, the complainant applied to the Chairman of Jamalpur Paurashava for getting justice who arranged a meeting in his office where in presence of leading persons, the accused petit......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......09. Result: The Rule is made absolute. Out of a contract of service between the employer and employee, whatever its kind may be, if a sum of money as salary, allowance, emolument etc. is due to the employee to be paid by the employer, the former has a right to get it from the latter, who ow......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
....e against the accused but the learned Judge of the Tribunal failed to weight and shift the materials on record and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. He lastly submits that the learned Judge of the Tribunal without taking any step in respect...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......y 15, 2008. Result: The Rule is made absolute. On the basis of the defence plea or materials the criminal proceedings should be stifled before trial when there is prima facie case for going to trial………………………………..(10) When a naraji petition is filed against the ......there is prima facie case for going to trial………………………………..(10) When a naraji petition is filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ...........(4) Lawyers Involved: Md. Badrudduza, Advocate - For the Accused-Petitioner. Md. Khurshid Alam Khan, Advocate - For the Opposite-Party No.2. Zahirul Hoque Zahir, Deputy Attorney-General with Md. Jashimuddin, Assistant Attorney-General - For the State. Criminal Miscell......of the Code of Criminal Procedure. 4. On such submission, we have gone through the FIR and the police report filed today by the supplementary affidavit meticulously. It is settled principle of law and long standing practice that prayer for bail can be agitated at any time on different cause o..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ...... of the victim is about 16 years. So she is sui-juris and as such keeping her under judicial custody against her will is not proper. So the victim is to be set at free allowing her to go with any one according to her will and choice. 13. Now let us see the legal position and decision in this re......n can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High Court Division has valid right to set aside the impugned order passed by the learned Nari-o-Shishu Nirjatan Tribunal in the regard.......on under section 491 of the Code of Criminal Procedure. 15. The aforesaid section requires determination as to whether the order of judicial custody of victim Mosammat Rokeya Dil Afroz Munmun is lawful and whether she is entitled to go accordingly to her will and choice. 16. For determinatio..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......e petitioner that the suit was filed prior to enactment of the Artha Rin Adalat Ain, 2003 and the provision of section 12(6) of the Ain, 2003 would not be applicable to the instant case, we hold that according to section 60(3) of the Ain, 2003, all the pending Artha Rin suits have to be treated as i......vision (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment Dec......o.33 dated 25.07.2004 and the order No.37 dated 29.08.2004 passed by the 2nd Court of Artha Rin Adalat, Bagerhat in Artha Rin Suit No.14 of 2003 should not be declared to have been passed without any lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are p......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, cr......he State…………………….Respondent Judgment January 13, 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charg..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......ated 10.6.2008 constituted a committee (in which representatives of Dhaka Stock Exchange and Chittagong Stock Exchange and executive directors of the Commission were included) to frame guidelines for according approval of Mutual Fund by the Commission and to suggest whether the Securities and Exchan......oners Vs. Securities and Exchange Commission and others……………………………Respondents Judgment November 8, 2009. Result: The Rule is made absolute. Cases Referred to- Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91; R. Immigration Appeal Tribunal ex p. Begum Ma......ecurities and Exchange Commission (Mutual Fund) Rules, 2001 (Annexure-K) restricting Respondent Nos.3-6 from declaring stock dividend or rights issue should not be declared to have been taken without lawful authority and to be of no legal effect. 2. The facts leading to the issuance of the Rule, ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....e evidence in support of his interest in the suit property and the Court of appeal below refused to take into consideration these aspects, resulting in an error in the decision occasioning failure of justice. In support to his contention the learned Advocate has referred a decision as reported in 50......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......uthority that certain property is a vested property, without the necessary factual basis and legal foundation, has no validity in the eye of law…………………………..(10) Cases referred to- 50 DLR (AD) 70; 46 DLR (HC) 136. Lawyers Involved: Moshfiqueuddin Bakhtiar with Jebun N......................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further veste..Category: Property Law | Date: | Hits: 155
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......d of no legal effect.
2. Facts necessary for disposal of the Rule in short are that the petitioner was appointed to the pot of "Sweepress" under the respondent-Mill with effect from 01.12.1984 and accordingly she joined in the service, which has been confirmed on 01.12.1984. The petitioner had be......; is a worker since the job does not indicate that the job is something of managerial, administrative, supervisory or solely clerical nature………………………………..(6)
Case Referred to-
Bimal Sarder and others Vs. People's Jute Mills Limited and others, in Writ Petition No.6813 ......passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are..
Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......-charge of Tangail Police Station stated that he recorded the FIR and proved the same as exhibit 7 and his signature therein as exhibit 7/1. In cross-examination he stated that inquiry was started according to the G.D. prior to lodging of the FIR. P.W.16 Inspector Saleh Ahmed stated that on 2.......…….....................Respondent Judgment May 2, 2012. Result: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if t......ult: The appeal is dismissed. First Information Report (FIR) The main purpose of an First Information Report (FIR) is to give information of a cognizable offence to the police and to set the law in motion. So even if the GD is treated as the FIR, and the formal FIR as a statement recorded u..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......lapur under Commercial Invoice No.SEI-3426 dated 15-1-2001 and Bill of lading No.JKTCGPI00003 dated 13-1-2001. The goods imported by the petitioner were inspected by PSI agent at the loading port and accordingly issued CRF certificate No. BDH 2000 15381 1C dated 20-1-2001 confirming the H.S. Code, d......ourt Division (Special original Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Transfin Trading Ltd…………………………Petitioner Vs. The Commissioner of Customs and others……………………………Respondents Judgment October 11, 2010. Re......1374 dated 22-06-2003 (Annexure 'A-2') issued by respondent No.3 seeking encashment of the bank guarantee No. BASB/L-GTEE/00001/2001 dated 23-3-2001 should not be declared to have been issued without lawful authority and is of no legal effect and as to why the respondents should not be directed to r..Category: Fiscal/Taxation Law | Date: | Hits: 194
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
......tagong port the petitioner submitted 4 (four) Bill of Entries and the respondent on the basis of the SRO No.260/Law/ 2004 imposed 1.5% advance VAT and the petitioner challenged the said SRO and accordingly on the basis of the impugned order of this Court submitted bank guarantees, the amount o......ূল্য সংযোজন কর (অগ্রীমপরিশোধ) বিধিমালা, ২০০৪ (SRO No.260); Rule 5
Registered commercial importer and trader are not required to pay advance VAT at the time of selling stage of the said goods.............(29)
When the petit...... is not denied in the affidavit-in-opposition that the petitioner did not take rebate of 15% but only it was stated that the petitioner did not take rebate within 30 (thirty) days as per provision of law which is a separate matter, the respondents can take another procedure but cannot refuse to give..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... facts of the case speak of an unholy alliance between the parties and the defendants inter se in carrying into effect a secret design that finally succeeded. Once fraud is detected in the process of justice no technicality should stand on the way to setting things right. We, therefore, find the con......0 acre and 1.75 acre respectively instead of 2.61 and 1.55 acre respectively. 6. It was then detected that the land settled with the plaintiffs had been wrongly described in the amalnama. GC Basak accordingly corrected his mistake in the description of the land settled with the plaintiff by inser......Petitioners Vs. Government of Bangladesh & others……………………..Defendant Opposite-Parties Judgment May 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. A Wadud, 25 DLR (SC) 90; Chowmuhuni College Vs. Ismail Hossain, 26 DLR 10; Saj......ion that the learned judge while sitting over an application under Order IX, rule 13 of the Code has travelled beyond his jurisdiction and dwelt in the merit of the case which is not permissible in law. 25. Mr. Mahbubey Alam, learned Attorney-General, appeared on behalf of the Government and su..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ...... appears that the complainant issued a notice on 27-2-2006 giving 7 days time to make payment of that dues of the said cheque and thereafter the complainant make a complain petition on 23-3-2006, accordingly it has been alleged that the provision of section 138(B) of the Negotiable Instruments A......……………..Petitioner Vs. Al-Arafah Islami Bank & another………………………Opposite party Judgment May 4, 2011. Result: The Rule is discharged. Case Referred to- Noor Hossain Vs. State, 7 BLC 241. Lawyers Involved: No one appears - For the Petition......re taken but the gist of the ground are that the petitioner mainly became aggrieved on the time given in the notice issued on 27-2-2006 in it was not in conformity with the time as framed under the law as provided under section 138(B) of the Negotiable Instrument Act. 5. Mr. Harun-or-Rashid, th..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....challenging the award. Deposit made during the pendency of the case cannot be treated a valid deposit as the language of the law is mandatory." 38. Law is to obey and procedure is to follow if not justice being blind, cannot resent the litigant. Here we refer to the provision of section 29(2) of ......h 0.00-32.00 chainage; during progress of the work, opposite party No.4 Change alignment of the respective design and for that, quantum of work was enhanced; from 30-4-1988 plaintiff started his work according to the aforesaid work Order being No.834 dated 24-3-1988 and completed 9% of work which is......etitioner Vs. Bangladesh Water Development Board……………………Defendants-Opposite Parties Judgment February 6, 2012. Result: The rule is made absolute. Cases Referred to- Abul Bashar Vs. Investment Corporation of Bangladesh, 52 DLR (AD) 178; Nilkantha Sidramappa N...... Engineer, Gomati Water Development Division, Bangladesh Water Development Board, Comilla; (here we tempted to note that whenever our national poet, Kazi Nazrul Islam went to Comilla, his father-in-law's house, he spent time on the bank of river Gomati and in some of his eternal songs river Gomati..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....t no appeal has so far been preferred. However, when it is apparent on the face of the record that gross illegality has been committed by the Court below, it must have to be rectified for ends of justice. 10. So far the question of limitation of the Execution Case is concerned, we hold the vi......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......ngladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: ......filed earlier and it was dismissed on limitation ground. So, the 2nd execution case bearing No.2 of 2002, in which the impugned order of attachment was passed, is also barred under Article 182 of the law of limitation. In this respect, the learned Advocate has relied upon the case of Babul Chowdhury..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......s stood alone, that it was perfectly competent to the Magistrate to initiate such proceedings as he thought proper and the High Court would not interfere with his discretion in starting proceedings according to his Judgment. In this case, however, it was the duty of the Magistrate, as already po......……………Petitioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at p......ide the order of the Sub-Divisional Magistrate insofar as it relates to the order of attachment and appointment of the Receiver and the learned Magistrate was directed to proceed in accordance with law. Thereafter the Sub-Divisional Magistrate notified both the parties and after hearing both the..Category: Criminal Law | Date: | Hits: 88
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