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Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....Revision No. 511 of 2000. Judgment Md. Abdul Aziz J. - In this Rule the opposite parties including Kabir Ahmed impleaded as opposite party No.2, were directed to show cause as, to why the order dated 25-5-2000 passed by the learned Sessions Judge, Chittagong in Criminal Miscellaneous Case No.1......be the basis cancellation of bail of the petitioners in the admitted facts of enmity and pending of counter cases between the parties. In support of his submission the learned Advocate has cited some decisions in the case between the Government of Sindh through The Chief Secretary, & 4 others Vs..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....ruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ shoul......g, a valid right has accrued in his favour and that right cannot be taken away without hearing him. He has further argued that the contents of the letter is such that the respondent has given a final decision to the effect that not more than one story building should be constructed on the said plot ..Category: Property Law | Date: | Hits: 114
....nses for the job-seekers, the agents are left with a substantial amount per head which on the average will not be less than Taka 15,000 although the assessee made a positive statement in their letter dated 2-6-85 that they do not demand or receive any commission from the job-seekers. It appears that......overlooked by the Taxes Appellate Tribunal in affirming the order of Appellate Joint Commissioner of Taxes in respect of the applicant. In support of his contention the learned Advocate relies on the decision reported in 1975 BTD 221 (HC), 1977 BTD 18 and 163 (AD).
3. No one opposes the Rule.
..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....lved in both the Rules. 2. In Writ Petition No.1787 of 1998 Rule was issued at the instance of the petitioner, Abdul Mannan, calling upon the respondents to show cause as to why the impugned order dated 9-6-98 issued by the respondent No.2 and Final Notification as to the Delimitation of nine War...... and the petitioners and other objectors were given opportunity of hearing before the prescribed authority in the Ministry when the respondent No.4 was present. Then the prescribed authority gave its decision for amendments and alterations and accordingly, the respondent No.4 made necessary amendmen..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....torney-General—For Respondent No. 5. Writ Petition No. 3803 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a ......uction Act within seven days from the date of receipt of the notice. 18. As the petitioners failed to show any cause, the RAJUK was left with no other alternative but to cancel the sanction by its decision dated 21-06-99. The petitioner was accordingly informed of the decision by the letter dated..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....erence was made under section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Court No. 2 and Nari‑O‑Shishu Nirjatan Daman Adalat at Brahmanbaria by its judgment and order dated 12-10‑2000 passed in Nari‑O‑Shisu Nirjatan Daman Case No. 37 of 1998 convicting the co......ld get easily agitated. No one came forward to prove such reports in the absence of any proof, conviction upon such newspaper reports cannot be sustained in law. In this regard he cited the following decisions: Harbhajan Singh Vs. State of Panjab, AIR 1961 Panjab 215; N Chowdhury Vs. RS Dutta, AI..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ally arrested under section 54 of the Code of Criminal Procedure, but has subsequently been detained under section 3(1) (a) of the Special Powers Act, 1974 on the basis of the order by the Government dated the 9th April, 1974. It has been further asserted that the detenu is an active worker of a sec......ss being made in the statute itself, it does not appear to be the legislative intent that the satisfaction of the detaining authority should be the subject of judicial review and has referred, to a decision from the Indian Jurisdiction in the case of Pushkar Mukharjee Vs. The State of West Bengal,..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....-For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Appeal No. 181 of 2004. (From the judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK......bdul Majid and Akitullah was conflicting, that whatever statements Abdul Majid made in that suit regarding setting aside of the auction sale would not be binding upon the defendant Akitullah, that no decision was given in that suit since the suit was dismissed for default and that since Wazuddin gif..Category: Property Law | Date: | Hits: 127
....ners.
Shamsuddin Babul with Kanai Lal Saha, Advocates‑For the Respondents.
Review Petition No. 43 of 2001.
Judgment
Md. Joynul Abedin J.-This Rule seeks to review the judgment and order dated 25‑7‑2001 passed in Writ Petition No. 3962 of 1998 whereby the respondents, the Ministry o......on as could be said to have been summarised in the case of Bangladesh Vs. Masder Hossain, 7 BLC (AD) 92 which runs as follows:
“A review by no means is an appeal in disguise whereby an erroneous decision is reheard and corrected. A review lies where an error apparent on the face of the record e..
Category: Others | Date: | Hits: 119
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....Dora, Assistant Attorneys‑General‑for the State. Criminal Appeal No. 697 of 1995. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 27‑3‑1995 by Additional Sessions Judge, First Court, Barisal in Sessions Case 61 of 93 ari......ntion of both above two accused will be illegal resulting that their statements under section 164 Cr.P.C. (Exhibits 8 and 9) were not true and voluntary. In such regard learned Advocate relies on the decision reported in [State vs. Sarowaruddin] 5 BLC 451. 12. Learned Advocate then refers to col..Category: Criminal Law | Date: | Hits: 42
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....nciples of State Policy of the Constitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..Category: Health Law | Date: | Hits: 391
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 which arose out of Writ Petition No. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....Sheikh Rezowan J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4‑2‑2002 passed by the learned Joint District Judge, Artha Rin Adalat and Sub Judge, Jesso...... execution proceeding was not without legal sanction and it was hardly of any substance if the repayment would cover a period exceeding 12 years from the date of original decree. In this connection a decision in the case of Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others reported in 34 CWN ..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....ellaneous Appeal No. 152 of 2001 with Civil Rule No. 250(FM) of 2001. Judgment NK Chakravartty J.-This appeal at the instance of plaintiff‑appellant is directed against the judgment and order dated 23‑3‑2001 passed by Subordinate Judge, (Arbitration) Court, Dhaka in Arbitration Case No. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....compliant made an application to the Magistrate for taking cognizance against the petitioners who conjointly and collusively committed the offence but the Magistrate rejected that prayer by his order dated 15-9-93. The complaint thus, preferred a revision before the Sessions Judge, Thakurgaon and th......omplainant and as a result, she got pregnant by the accused petitioner No.1. But later on, the accused petitioner refused to marry her. There was salish on the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb grew up the acc..Category: Criminal Law | Date: | Hits: 43
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....ed by the learned Additional District Magistrate is bad in law and fact. He further submits that the learned District Magistrate committed an error of law in acquitting the accused respondents on the date fixed for appearance of the accused without being verified as to whether the complainant was no......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..Category: Criminal Law | Date: | Hits: 44
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
....n stated in the petition of complaint present petitioners as accused No.1-3 with accused No.4 came on 3-1-93 to the house of complainant and took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within 7 days after scrutiny and pe......be very well present. According to him there is no scope to say that the continuation of the proceeding will be an abuse of the process of the court. In this regard the learned Advocate relies on the decision reported in AIR 1930 (Lahore) page 407 to support his contention. He submits that the Rule ..Category: Criminal Law | Date: | Hits: 42
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....ot call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series to the affidavit we find that those are mostly copies of inquiry. Annexure-X (1) is a letter dated 30-8-98 sent by respondent No.1 to the petitioner No.1 for handing over charge. 7. The peti......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... Petitioner. Muhammad Samsul Hoque, Advocate‑For the Opposite Parties. Civil Revision No. 3089 of 1998. Judgment Hasan Foez Siddique J.- Rule is directed against the judgment and decree dated 16‑6‑1998 passed by the learned Subordinate Judge, First Court, Shariatpur in Title Appeal...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..Category: Property Law | Date: | Hits: 84
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....he Petitioner. Anisul Huq, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 408 of 2009. (From the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous Case......aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...Category: Criminal Law | Date: | Hits: 42
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