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Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....under section 173(2) of The Code. However, even after filing such a report, if he comes into possession further information or material, he need not register a fresh First Information Report; he is empowered to make further investigation, normally with the leave of the Court, and where during furthe......esult: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it. Every Judgment must be read applicable to the particular facts proved or assumed ......99 convict-appellant Muhibur Rahman Manik in furtive league with accused Gopal Chandra Das and six (6) others, with intent to endanger life or property of other persons and to establish himself politically, out of his own interest and fund, procured explosive substances and kept those in his possess......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....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......ause both the brothers were purchasing the remaining portion of the land which has been purchased earlier in part by the elder brother. 11. The learned advocate Mr. Mozammel Hoque Bhuiyan, categorically argued that none of the allegation as brought in the plaint that the elder brother had fraudul......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. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....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)......am, Senior Advocate - For the Respondent No.6. Writ Petition No.3229 of 2004. Judgment AKM Abdul Hakim J.- On an application under Article 102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full bo...... 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. ..Category: Property Law | Date: | Hits: 115
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
.... 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......Huda Jaigirdar - For the petitioner. Nusrat Alam Chisty, Assistant Attorney-General - For the opposite Party. Criminal Revision No.443 of 1997. Judgment Siddiqur Rahman Miah J.- This Rule calls in question the legality and propriety of the order No.13 dated 05.05.1997 passed by the learn......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..Category: Criminal Law | Date: | Hits: 66
....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......cates - For the petitioners.
Md. Mozammel Haque, Advocate - For the Opposite parties.
Civil Revision No.1776 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the impugned judgment and decree dated 27.01.2000 passed by the ......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.
..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....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......s also all those things without which the thing itself would not exist…………………………..(7) The inherent power, thus, can be exercised only for exercise of the three purposes specifically mentioned in the section which are- (a) the power is not to be resorted to if there is spe......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)
....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)......T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directed against the judgment and order da......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....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...... 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. ...... 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. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....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 ......if any, make such decision on the prayer of the applicant as it deems fit. (6) The decision of the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court.” 14. From the above, it appears that the Court of Settle......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)
....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 ......m. 9. The project envisages construction of circular roads around the two lakes, once part of a long canal, which had taken off and fell into rivers, passing by the city. 10. Environmentalist recalled many of the 78 canals that once criss-crossed through the historic Dhaka City, now only live ......ed site plan of BGMEA for the construction of a multistoried building was issued under the signature of RAJUK’s secretary on 14th July 2003, pursuant to a decision taken in one of RAJUK’s general meetings. 29. The approval was, however, accorded subject to certain covenant. BGMEA also success..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....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…………......ction to extend such an agreed period of time beyond what was fixed in order dated 8-2-07 and the Court below accordingly, rejected the application dated 19-3-07 by the impugned order, which does not call for any interference by this Division, 18. In support, he cited Sheo Prashal Lai Vs. Tapeshw......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. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......09. Result: The Rule is made absolute. Out of a contract of service between the employer and employee, whatever its kind may be, if a sum of money as salary, allowance, emolument etc. is due to the employee to be paid by the employer, the former has a right to get it from the latter, who ow......eral – For the State-Opposite Party. Criminal Miscellaneous Case No. 10914 of 2007. Judgment Md. Azizul Haque J. - This Rule was issued under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceedings of CR Case No. 227(1) of 2...... themselves drew the money and misappropriated the same without paying to the complainant. Therefore, the complainant applied to the Chairman of Jamalpur Paurashava for getting justice who arranged a meeting in his office where in presence of leading persons, the accused petitioners conceded that th..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e budget. 4. Mr. Murshid further refers to the decision of the minutes of the ECNEC meeting held on 31- 12-2007 which quite clearly records the decision that steps must be taken to transfer the manpower of the completed project into the revenue budget expeditiously observing the existing rules an......………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Government of Bangladesh Vs. Jahangir Alam, 12 BLC (AD) 163.......al - for the Respondents. Writ Petition No. 6816 of 2007 Judgment Md. Imman Ali J. - This Rule Nisi was issued Upon an application filed under Article 102(2)(a)(i)- (ii) Of the Constitution, calling upon the respondents to show cause as to why the impugned letter under Memo No. পবম/...... illegal, arbitrary and capricious to say that there is no scope for transferring the petitioners into the revenue budget. 4. Mr. Murshid further refers to the decision of the minutes of the ECNEC meeting held on 31- 12-2007 which quite clearly records the decision that steps must be taken to tra..Category: Employment/Service Law | Date: | Hits: 216
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. 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) 465. ...........(4) Lawyers Involved: Md. Badrudduza, Advocate - For the Accused-Petitioner. Md. Khurshid Alam Khan, Advocate - For the Opposite-Party No.2. Zahirul Hoque Zahir, Deputy Attorney-General with Md. Jashimuddin, Assistant Attorney-General - For the State. Criminal Miscell...... Criminal Miscellaneous Case No. 30134 of 2011. Judgment Md. Anwarul Haque J.- One an application filed under section 498 of the Code of Criminal Procedure this Rule was issued on 24-10-2011 calling upon the opposite-parties to show cause as to why the accused petitioner shall not be enla......ioner on such day. 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) 465. ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....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....... KM Zahid Sanvar Deputy Attorney General - For the State. Criminal Miscellaneous Case No.27343 of 2011. Judgment Siddiqur Rahman Miah J.- This Rule at the instance of Habib Khan was issued calling upon the opposite parties to show cause as to why the victim Mosammat Rokeya Oil Afroz Munmu......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
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......vision (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment Dec......For the Respondent No.2. Writ Petition No.1752 of 2009. Judgment Mohammad Ullah J.- This Rule Nisi was issued on an application filed by the petitioner under Article 102 of the Constitution, calling upon the respondents to show cause as to why the order No.33 dated 25.07.2004 and the order ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... 2009. Result: The appeal is allowed in part. The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, cr......r submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evidence on any point and as such the impugned Judgment calls for no interference by this Court. 13. In the face of arguments advanced by the learned Adv......n because before a man can be convicted vicariously for the criminal act of another, the act must have been in furtherance of common intention of all of them. Accordingly there must have been a prior meeting of minds. For an inference of common intention to be drawn for the purpose of action, the ev..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
.... 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......nd 2. Writ Petition No.5796 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondent Nos.1 and 2 to show cause as to why the amendment of Rule 66 of the Secu...... short, SEC) amending Rule 66 of the Securities and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the Rules) prohibiting Mutual Funds to issue bonus or rights shares. On 20.6.2008, after a meeting of Respondent No.1 its spokesman informed the reporters that there would be some alterations..Category: Business or Commercial Law | Date: | Hits: 462
.... 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......nder the proviso of Section 5(2)fixing the rate of 10% of the value addition and on which VAT at the rate of 1.5% is payable at trading state under condition No.2 and condition No.5 wherein it specifically provides that “এই প্রজ্ঞাপনের অধীন কর প্রদা......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)
....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...... K. Roy Assistant Attorney-General - For the Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd C......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. ..Category: Property Law | Date: | Hits: 149
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