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M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....r the purposes of such suit, be deemed to be a Court of Small Causes. 7. From a plain reading of the above section, it appears that the relief as contemplated under this provision of law is one of discretionary nature which depends on the satisfaction of the Court. Now the only question that call......heavy onus lies upon the petitioner to show that the allegation for transfer of the case/ suit is genuine and cogent not fanciful. Besides, the provisions of Section 24 of the Code is a discretionary power of the Court whether to transfer or withdraw a case from the Court and that discretionary powe......under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet for transferring it to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted......hese aspects of the case, We are constrained to hold that there is no merit in this Rule, which must fail accordingly. In the result Rule is discharged without any order as to costs. Order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once to the ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
.... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
......he license. The license can
only be cancelled for the security of the public peace, and not for public
safety. Public safety and security of public peace are not the same. The
Government is only empowered to take action for seizure and/or ammunition or
military-stores and detention of the arms......s Act, 1878 (Act No. IX of 1878);
section 26
Deputy Commissioner or Officer-in-charge
of a police station is not government for the purpose of cancellation of arms license
Failure to deposit the arms
only, even with the knowledge of any notification for surrender of the arms,
d......ore us. In
order to carry out the purpose of section 18 or 26 of the Arms Act no rule is
said to have yet been made.
11. It appears from the writ petition that the
license was originally granted by the Deputy Commissioner and as such, the
Deputy Commissioner was no doubt authorized t..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......r Mohammad Ali in bainanama
does not tally with the signature of Mohammad Ali in the plaint vokalatnama and other records, which
appeared to the appellate court as not genuine. The court is fully empowered
under Section 73 of the Evidence Act to compare signature of a person to
ascertain its gen......…………………………………………………………………………Opposite Parties
Judgment
April 9, 2008.
Result:
The Rule is
discharged.
Cases Referred to-
Md. Abdur Rouf and
others Vs. Mahmuda Khatoon and others, 1 BCR (AD) 194; Akhlasur Rahman ......ing of facts no interference is
called for under Section 115 (1) of the Code of Civil Procedure.
In the result, the
Rule is discharged without any order as to the cost.
The order of stay
granted earlier by this court at the time of issuance of the Rule is hereby
vacated.
The lower..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......perience. 38. Let us see, what is the meaning of public office. Under Black's Law Dictionary the Public Office is a position whose occupant has legal authority to exercise a government's sovereign power for a fixed period. 39. The writ petition lies against a person who claimed or usurped a pu...........................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule is discharged. Cases Referred to- Mir Ghulam Hussain Vs. Union of India, AIR 1973 (SC) 1138; King Vs. Speyer and King Vs. Casse......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......e title deeds and C.S. and R.S. Khatians and also by oral evidence proved his possession and title in the suit land successfully. 15. By now the settle principle of law in exercising in revisional power under Section 115 of the Code of Civil Procedure have been laid down in the several judicial p......………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Result: The Rule is discharged. Cases Referred to- Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 2 BLC (AD) 33; Munsur Ali Ma......cts as such no interference is called for in revision under Section 115 of the Code of Civil Procedure. In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of rule is hereby vacated. The lower Courts..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......ng to maintain the child as of the standard of his father. The appellate Court's decision having not suffered from any error of law, does not warrant any interference by this Court in exercise of the power under section 115 of the Code of Civil Procedure. 15. Heard the learned advocates for both ......tion 17 of the Guardian of Wards Act the central consideration in appointing a guardian of a minor child is the welfare of the child, which will be of paramount consideration. A mother who is married to a stranger losses her preferential right of custody over a minor child but that will not totally ...... not concerned with protecting "proprietary" right asserted by the father over the children, but with the best interests and welfare of the children. The original family Court ignored this basis, and granted custody to the undeserving mother to the detriment of the child. The child shall enjoy speci..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......uit for non prosecution need be passed. 9. Mr. Abdul Salam, the learned Advocate, appearing for plaintiff-opposite party Nos. 1, 3-8, on the other hand, submitted that the Court had the inherent power to extend time to the plaintiffs to file the documents to secure ends of justice even after th......r. Abdus Salam, Advocate — For Opposite Party Nos. 1, 3-8. Civil Revision No. 706 of 2000. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-8 to show cause as to why the orders dated 28-7-1998, 2-8-1998. 7- 10-1998, 11-1-1999, 28-2-1999, 3-5-......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......t may deem fit and proper for the public interest as well as for the protection of the law and order situation. But it is to be borne in the mind of the detaining authority while exercising such power that it is a very special law and the authority should apply its judicial mind very cautiousl......uthority must be based on such facts and materials. Absence of nexus between some of the reasons shown in the detention order and the facts and reasons disclosed in the grounds supplied may lead to the conclusion of non application of mind by the detaining authority. Absence of nexus in betwee......n appeal. The said decision has been reported in 51 DLR (AD) 1, wherein it has been held by the Appellate Division: “It must be made clear that the law which we have declared has never granted absolute power either to the Government or to the President to make an order of detention e..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......to public interest but the respondent No.3 (Chairman of Rajdhani Unnayan Katripakkha) most illegally did not take any step to execute the Government decisions which tantamount to relinquish the state power with regard to public interest by the public servant for their personal gain. The learned Advo......nted by the Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka and others……………….Respondents Judgment January 9, 2008. Result: The rule is discharged. Cases Referred to- Al-Haj Abul Basher being dead his heirs Hosne-Ara Begum and others Vs. Bangladesh and others,......he summary proceeding under Article 102 it is not possible to decide such disputed question of facts. 15. Consequently, the rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in:..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......egal aspect of the case occasioning failure of justice which is liable to be interfering by this Court. 9. No one appeared at the time of hearing of the case although the opposite party filed power 10. On a meticulous examination of the evidence on record, exhibits, dakhilas, Hokum Na......unja Behari Sukra Das and others …………………… Defendant-Respondent-Opposite Parties Judgment January 7, 2008. Result: The Rule is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead his heirs: Aranangsha Datta V...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......n its merits which this Court cannot readily do. In this regard, Mr. Siddique has referred to the judgment in Ramjan Khan Vs. Obaidul Huq reported in 28 DLR (AD) (1976), 57 for the authority that the power of the executing court to test the validity of a decree is limited to seeing whether the decre......bsp; ......ctly calculated and the total amount for which execution is prayed should be entered in column 11 of Form No.(J)47." This Court notes that the Rule further enjoins that the "Court shall not grant any relief not claimed by the execution petition, but should insist on the applicant setting o..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......by way of reference to six existing laws including the Penal Code and also to“প্রচলিত বিশেষ আইনসমূহ”.The other feature of this Rule is that it empowers all disciplined forces (আইন শৃংখলা রক্ষাকারী বাহি...... State………………..........................Opposite Party Judgment December 3, 2007. Result: The Rules are made absolute. Case Referred to- Moyezuddin Vs. State, 59 DLR 287. Lawyers Involved: Khondker Mahbub Hossain, Advo......dgment Sharifuddin Chaklader J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations o..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......eking to create division between people of different class and profession whereby he is likely to cause law and order situation to deteriorate and lead existing development of the state and sovereign power to vulnerable position. Furthermore proposal for his preventive detention is being filed. The ......2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......s within the four corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court…………….(4) Lawyers Involved: M Khaled Ahmed, Advoc......nt November 27, 2007. Result: The review petition is allowed. The Code of Civil Procedure, 1898 (Act No. V of 1898) Order XLVII, rule 1 Review The scope to review a judgment is very limited and until and unless it comes within the four corners of the i...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......perused the Writ Petitions, Affidavits-in-Opposition and the relevant Annexures annexed thereto and heard the learned Advocates for the parties in extenso. 11. The High Court Division exercising power under Article 102 of the Constitution does not work as a Court of Appeal and as such it is not......ellip;……………Respondents (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26......hereto for transfer of the case property on favour of her sister Mrs. Zakia Doha as stipulated in Clause 23 of the deed of lease dated 08.06.1965. So this alleged transfer by way of gift is a flagrant contravention of Clause 23 of the said deed of lease. On this score, the RAKUK did not mutate ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......titioner's Samity is entitled. to get allotment of the shops in the reserved quota of Mayor of the Corporation. 10. On going to the materials on record, we find that the Corporation in exercise of power conferred under sections 159 and 97(3) of Dhaka City Corporation Ordinance, 1983 promulgated ......ity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. Result: The Rule is made absolute. Case Referred to- AIR 1936 PC 53. Lawyers Involved: M Amir-ul-Islam with Dr. Zamirul Akhter and Mia Siraj...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......does not deserve any consideration. Consequently, the rights and obligations arising out of assessment could only be agitated and decided only in accordance with law. This Division is generally not empowered to intervene in the process of assessment. In all the cases cited and relied upon by Dr. Kam......ion)
Present:
Mohammad Abdur Rashid J
Md. Miftah Uddin Choudhury J
Abul Khair Condensed Milk and Beverage Ltd……………………………..Petitioner
Vs.
The Commissioner of Customs and others…………………………………..Respondents
Judgment
September 17, 20......nner by a pre-shipment inspection agency shall be accepted as the basis for assessment. Section 25B requires all imported goods to be inspected by an approved pre-shipment agency subject to exemption granted by the Government by notification in the official gazette. And 25C provides for imposition a..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......d others…………………….Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretary of State Vs. Mask and Co., AIR 1940 (......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... Court that the services of the respondents-workers were terminated for their alleged trade union activities should not be disturbed because it is not a case of no evidence. This Court exercising the power under the writ jurisdiction is not a Court of appeal to reconsider the entire evidence on reco......hellip;…………………………..Respondent Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and......rported termination is in reality victimization of an officer of a registered. Trade Union for his trade union activities, the Court can go behind the order to see the real purpose of termination and grant such relief as it thinks fit. The two propositions should be read together in order to arrive ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the income therefore cannot be accepted. 29. The Assistant Commissioner of Taxes is empowered to ask for proof of the debts claimed and to reject a part of the debts which could not be p......ce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
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