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Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....unauthorized and uncalled for, which resulted in serious harassment of innocent petitioner. Cognizance of the offeces against the petitioner was therefore serious misuse and abuse of the cognizance power of the Court. During emergency, what is happening today even after the sub-ordinate judiciary......rhana-For the Petitioner. None appear-For the Respondents. Writ Petition No.1365 of 2008 Judgment Mohammad Abdur Rashid J.-The above Rule NISI was issued asking the respondents to show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of G......, no offense was committed either by the seller or buyer, the petitioner. 10. Upon such transfer of the vehicle, lodging of an FIR and submission of a charge-sheet were all unauthorized and uncalled for, which resulted in serious harassment of innocent petitioner. Cognizance of the offeces ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......– 6, Sher-e-Bangla Nagar, Dhaka and others……………………………………………..Respondents
Judgment
May 18, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Mohammad Abid Khan and others Vs. Bangladesh and others of writ petition No. 3831 of 2001; Mu......neva Camps are not living temporarily. These camps were set up by the International Committee of Red Cross (ICRC) for these people as halfway homes to Pakistan. Historical background does not automatically make them citizens of Bangladesh. The petitioners and/or their forefathers were not born in th......ted in the Districts of Rajshahi Rangpur, Khulna and Mymensingh but none of the Urdu-speaking people living in the camps of those Districts was enrolled in the Electoral Rolls of 2007. A coordinating meeting was held at Mirpur Uddyan School on 10-11-07 at the invitation of the Commissioner of Ward N..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....e, they were telling the people of the Mahalla that in an opportune moment they would take possession of the suit property by dispossessing the plaintiffs therefrom. The defendants are very powerful and rich persons having so many 'goondas' at their disposal and they might disposse......itle Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390......at the defendants obtained a fraudulent decree on 15.11.79 in Title Suit No.62 of 1979 of the Court of Subordinate Judge, 3rd Court, Dhaka. On further query the plaintiffs came to know that a so-called bainapatra to sell the suit property allegedly entered into by one Rasheda Begum, wife of Sal......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....Ain is fully competent to adjudicate the matter and find out the actual dues of the bank, if any, and then pass necessary order. Clause (1) of Order VII rule 10 of the Code of Civil Procedure empowers the Court to return a plaint for presenting to the Court having jurisdiction to entertain i......etitioner. M. Saleem Ullah, Advocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adala......s-For the Petitioner. M. Saleem Ullah, Advocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Art......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ...... This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......m, Advocate - For the Petitioner. Md. Mamunur Rashid, Advocate - For Respondent Nos. 3 and 4. Writ Petition No.2547 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-200......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ....... Md. Abdur Rahman ………………............................................Opposite Parties Judgment April 24, 2008. Result: The Rule is discharged without any order as to cost. The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Rel......cate — For the Petitioner. Md. Khalilur Rahman. Advocate — For the Opposite Parties. Criminal Appeal No. 3512 of 2002. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and decree dated......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....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......e No.1 of 1999. Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application 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 Assis......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
....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...... 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.
...... 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.
..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
....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 ......-Petitioner.
Md. Mazibar Rahman-For the
Pre-emptor-Appellant-Opposite Parties.
Civil Revision No.593 of 2004.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.-This Rule was
issued calling upon the opposite party No.1 to show cause as to why the
impugned judgment and order date......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.
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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......owdlmry, with ABM Hatem Ali, Ismat Ali, and Syeda Anwara Sattar, Advocates - For Respondents Nos. 5-8. Writ Petition No.1689 of 2004. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the respondent Nos. 5, 6, 7 and 8 to show cause as to why and under what authority they......xperience, long service and unblemished character. The committee constituted by the Ministry of Public Works and Urban Development headed by Secretary promoted the respondents by their minutes of the meeting dated 17-1-2004. The minutes of the meeting runs thus: “গণপ্রজাতন্..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......used at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an accepted phenomenon that children are impressionable, gullible and more ready to admit guilt for other ulterior reasons. Upon research it has been found that children will falsel......t, to which they pleaded not guilty and claimed to be tried. 5. The prosecution examined eleven witnesses in order to establish the case against the accused persons, whereas the defiance did not call any witness nor adduce any evidence in support of their defiance. From the trend of cross-exami......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .......4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Khan, Assis......urt, to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined eleven witnesses in order to establish the case against the accused persons, whereas the defence did not call any witness nor adduced any evidence in support of their defence. From the trend of cross-exami......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....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......zrul Islam with Syed Al Asafur Ali - For the Plaintiffs-Appellants-Opposite Parties. Civil Revision No.1760 of 2006. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the opposite party No.1-3 to show cause as to why the impugned judgment and decree date......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. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
.... prove the fact or the points in issue. But it is left either for the prosecution or for the defence to establish its respective case by adducing the best available evidence and the Court is not empowered under the provisions of the Criminal Procedure Code to compel either the prosecution or the......is allowed. Burden of proof The provision of law as regard the burden of proof is embodied under section 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher......nd circumstances of the case and evidence on record and that no illegality has been committed by the impugned judgment and order of conviction and sentence, as such, the impugned judgment and order calls for no interference by this Court. 15. In the face of argument advanced by the learned ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......f Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ed it prudent to expand its activities into new areas of business both with a view to attain its main objectives and purposes by new and improved means as well as to carry on its business more economically and efficiently. It is shown in the Application that it is with that objective in mind that 1 ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....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 ......hildren. The custody should not be given to the undeserving mother to the detriment of the child. The child shall enjoy special protection and shall be given opportunity to enable him to develop physically, mentally, morally, spiritually, and socially in a healthy and normal manner with freedom and ......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. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....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-......uddus, Advocates — For the Petitioner. 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. ......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
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......side the earlier assessment was bad, illegal and void on the face of it and must be ignored. We find no substance in the submissions of the learned Advocates. The impugned order therefore does not call for any interference, particularly when the assesses does not have any grievance on the merit ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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......ts. Writ Petition No.6052 of 2007. Judgment Mamnoon Rahman J.-In an application under Article 102(2)(b)(i) of the Constitution of People's Republic of Bangladesh. Rule was issued calling upon the respondents to show cause as to why the detenu M. A. Hashem son of late Abdul Aziz......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. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....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,......the petitioners. Md. Abdun Nur, Advocate - For the respondent No.3. Writ Petition No.1896 of 1999. Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents have been called upon to show cause as to why the respondents should not be directed to implement the decision...... 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. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
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