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Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....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......hmed, Advocate — For the Petitioners. No one appeared — For the Opposite Parties. Civil Revision No. 1701 of 1995. Judgment Syed AKM Dabirush-Shan J. - This Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 7-9-94 and ...... 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)
....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; ......ocal agent and that under Section 5 of the Act of 1861 the very presence of an agent is necessary for this Court to assume jurisdiction over a case. It is submitted that the vessel M.V. PELEAS K called at Chittagong Port under the agency of the Opposite Party No.5 who gave a declaration under S......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. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....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....... The maximum penalty under Rules 3-9 of the Rules, 2007 appear to be five years imprisonment. So it is not clear why দ্রুত বিচার ট্রাইব্যুনাল which is basically a Court of Sessions is mentioned as the trial Court of the offences under এই বিধি......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. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....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. ......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)
....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. ...... 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)
....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......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. ......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. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... Vs. The State…………………………………………………………….State Judgment November 5, 2007. Result: The Appeal is allowed. Cases Referred to- Hossain Shially (Fakir) Vs. The State, 8 MLR 355; Fazlul Hoq Sikder Vs. The State, 15 BLD ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......that there would be shalish about the incident which was commenced on the following night in the house of Manur where the Mattabbors beat Fazlu and asked him not to do so. Accused Fazlu in that meeting begged pardon touching the leg of victim's mother. Accused Din Islam was standing 20/25 han..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....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......os. 1-2. Tufailur Rahman with Nahid Hossain and Umma Salma, Advocates - For Respondent Nos.3-6. Writ Petition No.7409 of 2006. Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondent to show cause as to why they should not be directed to allot 100 (one hu......y carrying on their business in the market. Some of the societies filed writ petition claiming right to the allotment of shops in the said market which was subsequently settled after negotiation. A meeting of the shop allotment committee of the Corporation was held on 9-10-2005, regarding allotm..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....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......rized bills of entry were printed out. It was further stated that annexed bills of entry did not contain any order of assessment.
11. The procedure the customs authority has been following what is called "Journey of Computerized Bill of Entry under ASYCUDA ++ System" meaning Automated System of C......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.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ...... Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result: The Rule is discharged. When eye-witnesses contradict as to manner, place and time of occurrence, then a clear case of benefit of doubt is well established ......se committed gross illegality in holding that the place of occurrence was shifted from Becharam Deory to Abul Khairat road which being not actual picture of the occurrence, the impugned Judgment calls for interference. Learned Advocate further submits that learned Additional Sessions Judge com......estion that he saw Zubaed, Tareque, Pappu and Nittay open fire towards Kamal. He denied the suggestion that Joney and Arman took Kamal to Dhaka Clinic. He denied the suggestion that there was a meeting/procession-for hoisting Pakistani flag and he was not present in the procession He declared..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
.... 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......posed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed ......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. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ...... life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of ti......ecord and on proper appreciation of the facts and circumstances of the case.……………………..(66) Position of suspicion in criminal case In a criminal case the prosecution can call upon the Court to record a verdict of guilt only when it has proved its case by cogent and le......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
.... 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 in respect of major items are stated to be want of proof or verifiability etc. 18. It is now settled that as an assessee is obliged to prove each and every item of expense claimed as and when is called upon to and similarly, the Income Tax officer is not bound to accept such expenses unless he ......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
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....yer, appeared to represent the convict-appellant Badil @ Badar in his Jail Appeal No.25 of 2005 but he was finally withdrawn and in his place Md. SM Zahidur Rahman, the learned Advocate who filed his power for the above named appellant in Miscellaneous Case No.1776 of 2005 was permitted to make sub......the sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the......d evidence on record. 43. In the case of Nurjahan Begum Vs. State reported in 42 DLR (AD) 130, our Appellate Division has held that a statement falling under section 32(1) of the Evidence Act is called a "dying declaration" in the ordinary parlance. It has further been held therein that a dying......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....onstruction Rules suffice. 18. Rafique-ul-Huq, learned Counsel, appearing for the respondents, submitted that in view of the fact that the provision of section 3 of the Building Construction Act empowering the Authority to remove or demolish the construction on the grounds mentioned in section 3 ......n J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1......visaged in Article 31 of the Constitution." 7. We have heard the learned Counsel and the learned Attorney-General and perused the writ petition, affidavit and the impugned orders and find that basically and literally the applications under Article 102 of the Constitution have challenged the impug......onditions or making statements not correct under which such sanction was granted. 23. It appears that the appellant No. 3 sent the letter dated 24-6-1999 informing the writ-petitioners that at the meeting of the Building Construction Committee held on 21-6-1999 the sanction granted to the writ-pe..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......CD) (2009) 386. ......hmed Liton @ Liton Ahmed Roni under section 9 (1) of the Nari-o- Shishu Nirjatan Daman, Ain, 2000. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......-Shishu Nirjatan Daman, Ain, 2000 has become infructuous that non-examination of the victim has vitiated the trial, inasmuch as had she been examined it could come to light that there was no unlawful meeting, rather the marriage was solemnised with the consent of both parties and after solemnisation..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....ich a Kabala deed out and out if was accompanied with a deed of agreement for reconveyance constituted usufructuary mortgage and by the President's Order the revenue officers were vested with the power to redeem mortgage if any comes within the ambit of President's Order No.88 of 1972. ......Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Abdul Gani, 32 DLR (AD) 233; Sadananda Rana, 34 DLR (AD) 237; Abdul Khaleque...... the suit land be redeemed treating the same to be a complete usufructuary mortgage within the meaning of PO 88 of 1972, President's Order No.136 of 1973 and treating redemption automatically after the expiry of 7(seven) years. The filing of the said case presumes that the Kabala money...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....he affidavit in support of the Writ Petition on behalf of the Writ Petitioner only with the leave of the Court, provided he can satisfy the Court by producing either the letter of authority or any power of attorney supporting his authority to swear the affidavit. Rule 1, Order III of the Code ......ure of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice ...... with Probir Neogi, Advocates - For the Petitioner. MA Baqui, Advocate - For Respondent No.1. Writ Petition No.690 of 1998. Judgment Tariq-ul-Hakim J.- This Rule Nisi was issued calling upon the respondents to show cause as to why they should not be directed to allot a shop in......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....at it is barred under legal provisions. The Court below should therefore have rejected the plaint in limine. If Order VII, rule II of the Code of Civil Procedure cannot be prayed in aid, the inherent power of the Court should be invoked." This is an established principle of law which is not app......s. Domino's Pizza Inc………………..........Opposite Party Judgment April 26, 2007. Result: The Rule is discharged. Cases Referred to- Ram Krishna Bhakat Vs. Firm Haji Janabally and Abdul Jalil, AIR 1948 Calcutta 321; Ranjit L......Advocate — For the Petitioners. Ramzan Ali Sikder, Advocate — For the Opposite Party. Civil Revision No.4128 of 2004. Judgment Bijan Kumar Das J. -This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 5-5-20...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ivil Revision Case. 4. Petition for addition of party had been hotly contested from the side of petitioners of Civil Revision Case on placing a counter-affidavit raising contentions that holder of power of attorney an petitioners of the petition are fictitious persons and they are not proprietors...... ………………..Petitioners Vs. Bangladesh and others....Opposite Parties Judgment April 4, 2007. Result: Petition for addition as opposite parties is allowed. Case Referred to- Parimal Majumder Vs. Abdul Sobhan, 39 DLR 352; Subash Chandra Halder Vs. Abdul Bari, 1992 BID......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
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