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Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......d of bringing a certified copy of said Exhibit-Kha the learned advocate Mr. Kamruzzaman issued a no objection certificate and left the brief whereupon the learned Advocate Mr. Subrata Saha, has filed power on behalf of the plaintiff-appellant-opposite parties along with Mr. Kamal Hossain. 16. The......property within Mouja Surujgonj, under District and Police Station Tangail comprised in C.S. Khatian No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik fo......d at length on behalf of the opposite parties who supported the impugned judgment on two counts. Firstly he submitted that as the defendant did not prefer any appeal against the preliminary decree as granted by the trial Court against the finding to the extent that the Jomu Sheik was entitled to 0.2..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
.... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......the case of the Government of Bangladesh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decision, it has been held in unmistakable terms that 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 n......……Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD)......pparent on the face the record or where it requires interpretation of law in view of any legal complicacy can invoke the review jurisdiction of the Full Board. But in the present case, the Full Board granted review without discovery of any new and important matter or evidence which, after the exerci..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....evisions powers of the High Court Division under section 439 of the Criminal Procedure Code, 1898 can be attracted in a case of most exceptional nature. Revisional powers of the High Court are purely discretionary, it is permissible for the High Court to interfere at any stage in a pending trial pro...... be culpable homicide…………………………….(15) The Code of Criminal Procedure, 1898 (Act No. V of 1898), section 439 Revisional Powers of the High Court Division The revisions powers of the High Court Division under section 439 of the Criminal Procedure Code, 1898 can be attr......udgment December 17, 2008. Result: The Rule is discharged. Culpable homicide Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there i......rovided there is sufficient material to assume that manifest or patent injustice has been done. The High Court will, especially at an interlocutory stage, not interfere unless the impropriety is a flagrant one and prompt action is necessary to prevent an injustice. The High Court Division seldom int..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......of legal evidences and materials on record and also on a correct and proper analysis of the legal aspects involved in the suit and as such the same should be restored by this Court in the exercise of power under section 115 of the Code of Civil Procedure.
10. Mr. Abul Quasem, in support of his su......
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
5 BLC (AD) 76; 10 MLR (AD) 200; 54 DLR 354; 19 BLD (AD) 240,; 2 MLR (AD) 16; 52 DLR 491; 39 D......o.118 of 1998 is set aside and the judgment and decree dated 26.10.1998 passed by the Assistant Judge, Gomestapur, Nawabgonj in Other Class Suit No.38 of 1987 is hereby restored.
The order of stay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......ct No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give effect to any order under this cod......e of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Extent of section 561A Cr.P.C. Section 561A of the Code provides that nothing in the Code of Criminal Procedure shall be deemed to limit or affect the inherent power of the court to make such order as may be necessary to give ef......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
.... imposed upon the Arthorin Adalat in that regard and if that aspect of the law is kept in mind it is found that the impugned order negates the purpose and scheme of Arthorin Adalat and in exercise of discretionary power any court should keep in the back of their mind the purpose of the enactment and......fute the same he submits that it is now well settled that the ultimate say in such a situation rests with the court and in an appropriate case in the interest of Justice and fair play this Court is empowered always to pass an order which it deems fit and proper in the given facts and circumstances a......…….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. Result: The Appeal is dismissed. Cases Referred to- 17 BLD (HCD) 204; 15 BLD (AD) 47; 33 DLR (AD) 298; PLD 1954 (Lahore) 414; AIR 1931 (Calcutta)......ppellant have been handicapped in proceeding with the execution case and this impugned order frustrated the decree of the Arthorin Adalat and these vital aspects were overlooked by the Trial Court in granting the order of status quo. The learned Advocate further submits that the impugned order also ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......……………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disputed ...... No. 6. The petitioners challenged this order on the ground that if this land be delivered to respondent No. 6 this would encroach their purchased land and this being violatative of fundamental right granted to a citizen for maintaining property under the Constitution, obtained this Rule. 3. It i..Category: Property Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......ed after hearing of both the parties on merits. 10. The provision of section 151 CPC have been worded as follows: "Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abu...... under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Referred to- Syed Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and others Vs. Azi......ion have consistently held that when there is specific legal remedy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for default, the orders of the trial Court granted under section 151 CPC is prima facie illegal. He has also drawn my attention to all the afor..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......official Gazette. 10. We have gone through the provisions of Ordinance No.LIV of 1985, the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985. 11. Section 5 of the above Ordinance empowered the Government to publish a list of abandoned buildings by notification in the official Gaze......ction-6, Mirpur Housing Estate, Police Station Mirpur, Dhaka and also in the form of implementing the order passed by this Court in Writ Petition No.303 of 1979 on 2-2-81. 2. The facts giving rise to this writ petition are, that one Mohammad Moinuddin happened to have taken lease of the disputed ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......s the military backed emergency caretaker government ran the country, Rajuk fined BGMEA a nominal penalty of taka 12.5 lakh for building the structure without obtaining its approval. 19. The law empowers and requires Rajuk to demolish all unauthorised structures. Rajuk Chairman, however, said tha.......................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule is made absolute. Cases Referred to- RAJUK Vs. Abdur Rouf Chowdhury (RANGS Building Case); Jamuna Builders Ltd. Vs. RAJUK (Jamuna ...... Environment Protection Act 1995. Environment Pollution Control Ordinance 1977 also proscribes construction of building on Jaladhar. He drove on to say that even RAJUK is stripped of any authority to grant approval to make any construction on a Jaladhar. The amount RAJUK took was by way of compensat..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......her..........Opposite Parties Judgment November 27, 2008. Result: The Rule is discharged with cost. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where th......re specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case…………......e………………………………………….(27) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 148 Perusal of section 148 makes it clear that where any period is fixed or granted by the Court for doing of an act, the Court may, in its discretion, enlarge such period of t..Category: Civil Law | Date: | Hits: 281
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......as valid right to set aside the impugned order passed by the learned Nari-o-Shishu Nirjatan Tribunal in the regard. In such matter the Court should avoid technicality. The High Court Division is empowered under 491 of the Code of Criminal Procedure, 1898 to set at liberty of the victim who is fou......n can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High Court Division has valid right to set aside the impugned order passed by the learned Nari-o-Shishu Nirjatan Tribunal in the regard.......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ...... made the mutual fund units similar to shares of a company which could not be allowed to continue. Under section 24 of the Securities and Exchange Commission Act, 1993 the Commission has the inherent power to make Rules. As per the power conferred by section 24, the Commission can make new Rules and......oners Vs. Securities and Exchange Commission and others……………………………Respondents Judgment November 8, 2009. Result: The Rule is made absolute. Cases Referred to- Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91; R. Immigration Appeal Tribunal ex p. Begum Ma......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
....eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
...... VAT has to be payable on the value or consideration receipt from the buyer. There are two provisions to that sub-section; first one deals with determination of VAT payable value and second one gives power to the National Board of Revenue to fix rate of value addition on publishing in the gazette no......ূল্য সংযোজন কর (অগ্রীমপরিশোধ) বিধিমালা, ২০০৪ (SRO No.260); Rule 5
Registered commercial importer and trader are not required to pay advance VAT at the time of selling stage of the said goods.............(29)
When the petit......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011)351.
..
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......he downtown Dhaka city was obtained against the principal defendant in a surreptitious manner. We find ample elements of abuses of judicial process by the plaintiffs and relaxed exercises of judicial power in decreeing ex parte in total disregard of the question of merit of the suit, executability o......Petitioners Vs. Government of Bangladesh & others……………………..Defendant Opposite-Parties Judgment May 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. A Wadud, 25 DLR (SC) 90; Chowmuhuni College Vs. Ismail Hossain, 26 DLR 10; Saj......celled on 18th Chaitra, 1339 B.S. by said GC Basak by way of making an endorsement on the back of the same and on the same day he issued a fresh amalnama in favour of plaintiff No.1 and his benaMd.ar granting settlement of said B schedule land in favour of Plaintiff No.1 (since dead) on acceptance o..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......33 of the arbitration Act non existent in the eye of law. 22. In the case of Hazi Mir Bux Vs. Sonokhau, PLD 1979 Kar 45, it is observed and held as "Mr. Zafar submitted that the trial Court has no power to extend and in support of this submission he referred me to Judgment of a Single Judge of th......etitioner Vs. Bangladesh Water Development Board……………………Defendants-Opposite Parties Judgment February 6, 2012. Result: The rule is made absolute. Cases Referred to- Abul Bashar Vs. Investment Corporation of Bangladesh, 52 DLR (AD) 178; Nilkantha Sidramappa N......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......ent of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......ngladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and others, 15 BLD 644. Lawyers Involved: ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ...... pointed out, to maintain the first party in possession under the order passed previously under section 145 Cr.P.C. and not to start fresh proceedings under that section. The Magistrate has ample powers under the law to maintain peace and to see that the order made in August 1919 is obeyed. In t......……………Petitioner Vs. Entaj Sheik & others………………………………Opposite parties Judgment May 19, 1983. Result: The Rule is discharged. Cases Referred to- Aran Sardar and ors. Vs. Hara Sundar Majumdar and ors., 27 Calcutta Weekly Note (C.W.N.) at p......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......chment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment the Court shall proceed to investigate the claim or objection with the like power as regards the examination of the claimant or objector, and in all other respects, as if he wa......nstituted between him and respondent No.1 and also for accounts. The plaintiff filed an application for temporary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also p....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......al has begun after investigation upon taking cognizance on police report after investigation and evidence have been taken, and arguments having been heard and concluded there is no provision in law empowering the Special Judge to order the police to make further investigation. If the investigation w......………………Opposite-Party Judgment August 7, 1983. Result: The Rule is made absolute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant Attorney-General - For the State. Criminal Revision No.114 of 1983. Judgment Sultan Hos......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
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