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Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... of the Emergency Power Rules 2007 was no bar in granting bail by the High Court Division. We have also noticed that an observation was made in that case regarding trap operation by Police not duly empowered by the ACC. But, the observation regarding trap case is apparently an obiter, inasmuch as th...... MR Hasan J Bayazid (Md.) ……………….Petitioner Vs. State ………………..Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute. Case Referred to- 60 DLR 629; 55 DLR (AD) 33; 60 DLR (AD) 147; ASS Mohammad Ali Vs. State, 35 DLR (AD) 324; Md.......considered in the light of the provisions contained in Rule 19 (Gha) of the Emergency Power Rules 2007, wherein it has been held the said Rule 19 (Gha) of the Emergency Power Rules 2007 was no bar in granting bail by the High Court Division. We have also noticed that an observation was made in that ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......on, the transfer shall not be voidable on the ground that the transferor was not authorised to make it: provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith." 15. The above view is supported by the deci......……..Petitioner Vs. Md. Abdul Hye and others…………………………………….Opposite Parties Judgment July 1, 1997. Result: The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 D......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31 of the Code. Accordingly, trial Court's judgment and decree are resto......arim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyer......itle Appeal No. 47 of 1993 is hereby set aside and judgment and decree dated 1-12-1992 passed by learned Senior Assistant Judge, Noakhali, in Title Suit No. 186 of 1991 is affirmed. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of the ..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ......atutory right o pre-emption of the pre-emptor. He lastly submits that considering the evidence on record both the Courts below allowed the miscellaneous case and that as such, this Court exercising power under section 115(1) of the Code should not interfere with the concurrent findings of facts ar......oners Vs. Mothaharuddin Miah being dead his heirs: Marzan Gouch and others…………..Opposite Parties Judgment May 22, 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers Involved: Khan Saifur R......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. 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) 262. ......fact, this jurisdiction is not an alternative one nor an additional but it is a jurisdiction preserved in the interest of justice to redress grievances where no other procedure is available. This power cannot be so utilized as to interrupt or divert the ordinary course of Criminal Procedure as l......………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: The Rule is discharged. Cases Referred to- Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Habibur Rahman Molla Vs. State,......is hereby vacated. 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) 262. ..Category: Procedural Law | Date: | Hits: 59
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......…………………petitioners Vs. Abdus Sattar and others………………………….Opposite parties Judgment July 8, 2008. Result: The rule is discharged. Case Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......arlier or the claim on which the action may be based on an anterior date. 33. In this context we feel inclined to record an observation that even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities ...... Md. Nur Hossen…………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......missed. 5. Mr. Khan Saifur Rahman, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that section 205D(2) of the Code of Criminal Procedure gave ample power to the learned Court below to accept or admit the appeal filed by the complainant. The learned......………………Accused-Petitioners Vs. State and another……………………………Opposite Parties Judgment May 7, 2006. Result: The Rule is discharged. Cases Referred to- AIR 1965 (SC) 1142; AIR 1971 (SC) 1283; 17 DLR (SC) 192. Lawyers Involved: Khondker Mah......l leave to appeal to the Supreme Court and to prosecute the same on merits. In this view of the matter, we find no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HC..Category: Criminal Law | Date: | Hits: 39
....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
......ct is mainly in liquidation of rent receiving interests of land-lords. The main principle on which this statute was promulgated from a socialist point of view, and egalitarian outlook. Section3 (1) empowers the Government to acquire all rent-receivers ‘rent-receiving interests by notifications. Re......sp;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009)
Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 200......rit petition in part. Before embarking on exploration of the points raised at the Bar, I would like to discuss laws which are relevant for the disposal of the points agitated at the time of the leave granting order.
The State Acquisition and Tenancy Act, 1950
The aim and object of promulg..
Category: Environmental Law | Date: | Hits: 434
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... than one service of the summons shall be made on each defendant. 25. Rule 12 postulates that wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service in which case service on such agent shall be sufficient. 26. Rule 15 en......………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD)......onclusion reached by learned Appellate Judge it cannot be at all suggested that those went against weight of evidence and materials on record and suffer from patent illegality, legal infirmity and flagrant error of law. 48. Finding of fact reached by learned Appellate Judge being last and final J..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ...... preference or fear or favour ............. This desire for impartiality is reflected in the Constitutional position of the Judges. In line with Mostesquie’s classic exposition of the separation of powers, the Judiciary occupy a situation apart from the legislative and executive arms of the State ......Cabinet Division, Bangladesh Secretariat, P.S. Shahbag, District: Dhaka and others…..............Respondents Judgment June 15, 2011. Result: The Rule is made absolute. Cases Referred to- Bihar Vs. Subhash Singh AIR 1997 S.C.1390; Marbury Vs. Madison 1803;Khandakar Ehteshamuddin A......aw”, Lord Denning reiterated a Judge’s rather complicated task of balancing exercise, stating; “At every point, however, these powers involve interference with private rights and interests; and granting that private rights must often be sub-ordinated to the public good (my emphasis) it is esse..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......body does not contain any specific allegation of fraud, is not entertainable and liable to be rejected [reliance placed on 14 MLR (AD) 401, para-8]. It has also been settled that the authority has no power under rule 42A of the Tenancy Rules to amend or set aside judgment of Settlement Officer passe......eople’s Republic of Bangladesh and others ................Respondents (In both the writ petitions)
Judgment
November 5, 2012.
Result:
Both the Rules are made absolute.
Cases Referred to-
14 MLR (AD) 401, para-8; 11MLR (HC) 256.
Lawyers Involved:
Mrs. Nahid Yesmin, Advocate-......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 65
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ...... also told that said assessment was not reopened under section 93 of the Ordinance by the Deputy Commissioner of Taxes. In the circumstances, we find the Inspecting Additional Commissioner has got no power to issue such notice under section 120 of the Ordinance for revision of the assessment as was ......ion) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J M/S. Sonali Agency, having address at 356, Jamal Khan Road, P.S. Kotwali, District-Chittagong, represented by its Proprietor Khalil Ahmed………………….Petitioner Vs. The Chairman, National Board of Revenue a...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......e of action for filing the present writ petition and the subject matter is different. 11. The Chairman of National Housing Authority being respondent No.3 appeared in the writ petition by filing a power, but did not file any affidavit-in-opposition and as such learned Assistant Attorney General M......……..Respondents Judgment July 25, 2012. Result: The Rule is disposed of. Lawyers Involved: Kazi Rezaul Hossain, Advocate-For the petitioners. S.M. Quamrul Hasan, Assistant Attorney General-For respondent No.3. Muntasir Uddin Ahmed, Advocate-For respondent Nos.7 (a)-(e). ......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......ear that p.ws. 10, 17 and 25 were examined at the instance of the learned Additional Sessions Judge, and of them p.ws.10 and 17 on being re-called. Section 540 of the Code of Criminal Procedure has empowered a court to summon any person as a witness, or examine any person in attendance, though not s......dgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibria, Deputy Attorney-General with Monowara Khatun, Assistant Attorney-General-For Respondent. Criminal Appeal N......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......er. Ms. Jesmin Sultana Samsad, Assistant Attorney General-For respondent Nos.1 and 4. Writ Petition No.8751 of 2011. Judgment Md. Ruhul Quddus J. - This Rule nisi at the instance of a manpower recruiting agent was issued calling in question the legality of an order passed by the Governm......………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved......exchange. Any corrupt practice to trade upon their miseries should be dealt with strictly. In view of the above, we do not find any merit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. E..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... an ancillary relief and it depends on success of the first part of the Rule i.e. the impugned nomination made by the National Sports Council (annex-D). The national Sports Council has got regulatory power upon all the affiliated associations including the Divisional Sports Associations under the Na...... no. 1. A. H. M. Kamruzzaman, Advocate- For added respondent no. 5. Writ Petition No.1273 of 2012. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sports organizer was issued to examine the legality of Memo No.এনএসসি/১১৯/এইচ/জেন/২০৯dated 1......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 94
....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......oard of trustee is entrusted with the management of the Trust, which has made the Bangladesh Freedom Fighters Welfare Trust Regulations, 1984 (hereinafter called the Regulations, 1984) in exercise of power under article 17 of P. O. 94 of 1972 to regulate and control its affairs that includes enlistm...... Nos.2-4.
Writ Petition No.8354 of 2010.
Judgment
Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue martyr freedom fighter’s certifica......and) only from the Prime Minister’s Relief Fund to help his family.
6. Nur Ahmed, the father of martyr freedom fighter Tajul Islam filed an application to Muktijodda Kalyan Trust on 7.4.1989 for granting him state honorarium (annex-F). In response thereto the Trust appointed two officials, name..
Category: Others | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......7 DLR 18 that the Assistant Sessions Judge deemed to have been appointed as Additional Sessions Judge under the provision to sub-section (3) of Section 9 of the Code of Criminal Procedure has all the powers of Additional Sessions Judge except the passing of sentence of death and has jurisdiction to ......985. Result: The Rule is discharged. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 241A Section 241A of the Code of Criminal Procedure does not authorizea Magistrate to pass arbitrary order of discharge. He has to comply with certain requirements. He must assign......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ...... Mostafizur Rahman (Md.)……………………Appellant Vs. State…………………Opposite Party Judgment September 1, 1993. Result: The appeal is allowed. Cases Referred to- Hamiz Ali @ Hamid Ali Vs. The State, Criminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrL......l (since dead) Deputy Director of Social Welfare Department, Rangpur filed a petition to the Inspector DAB, Rangpur alleging, inter alia, that a bill for an amount of Taka 15,085.00 was sanctioned as grant for the Taraganj Social Welfare Office signed by Mrs. Anwara Khatun P.W.3 as the Drawing and D..Category: Criminal Law | Date: | Hits: 110
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