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Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands disÂmissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; ...... and they have been falsely implicated in the case. He next submits that the impugned Judgment and order of conviction being illegal is liable to be set aside inasmuch as it is wholly based on the so-called uncorroborated extra judicial oral confession of the convict-appelÂlants. The learned Advoca......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......Dhaka City Corporation in giving a decision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any ......ity of a Commissioner of the Dhaka City Corporation in giving a decision on a land dispute between the petitioner and respondent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by responden......e said parcel of land and further the petitioner was restrained from submitting any complaint to any law enforcing agency including the RAJUK. The decision purports to be an outcome of a conciliation meeting, but the signature portion of the petitioner in the decision is vacant. However taking advan..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....lso on a correct and proper analysis of the legal aspects involved in the case and the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercising of the power under section 115(1) of the Code of Civil Procedure 16. In the case of Akrab Ali and other......………………….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD...... Rahman, Advocate - For the petitioner. Rafiqul Islam Mehedi, Advocate - For the-opposite party. Civil Revision No.2690 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 25-05-2004 passed by t...... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....to remove absurdity so as to give effect to the purpose of a legislation. Where literal meaning of the words used in a statute is unambiguous and clearly convey a reasonable meaning, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construc......m a combined reading of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intenÂtion of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration...... arbitration can be enforced………………………………..(35) Interpretation of Statute Modern method adopted by the Courts is literal construction of statutes conditioned by what is called the golden rule of construction. Generally all statutes are to be construed according to the ......ent or the terms of reference or the minutes of proÂceedings or in some other way as the place or "seat" of the arbitration. This does not mean, however, that the arbitral tribunal must hold all its meetings or hearings at the place of arbitration. International commerÂcial arbitration often invol..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....t taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by the respondents. He next subÂmits that the Respondent No.2 is trying to form exits of 2 di......posed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......o prevent mismanagement as regards the affairs of the company, either by majority of the members or by the directors of the company. This jurisdiction, conferred by section 233 of the Act, thus practically negotiates the rule founded in Foss Vs. Harbottle (1843) 2 Hare 461. This rule has two strands...... done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where Directors are in breach of their duties, the majority shareholder in general meetings may, by ordinary resolution, ratify what has been done. In those circumstances the Court wi..Category: Company Law | Date: | Hits: 129
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
.... Judgment November 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any......ent November 24, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person ......Begum Khaleda, Advocates ‑ For the Petitioner. Kaisar Ahmed, Deputy Attorney‑General ‑ For the Respondents. Writ Petition No.2514 of 1995. Judgment KM Hasan J.- This Rule was issued calling upon the respondents to show cause why the memo No. jud/dosh-21/93/830 (আগ্নেয়ŕ¦......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ...... woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged ma......Swapon Kumar Das - For the Opposite Party. Civil Revision No.4704 of 2006. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-appellant-petitioner, was issued calling upon the opposite party to show cause as to why the judgment and decree dated 12-09-2006 pas......r on behalf of the other, in the presence and hearing of two male or one male and two female witnesses, who must be sane and adult Muslims. The proÂposal and acceptance must both be expressed at one meeting; a proposÂal made at one meeting and an acceptance made at another meeting do not constitut..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....se of a legislation………………………………….(19) Where literal interpretation of the words used in a statue are unambiguous and clearly convey a reasonable meaning, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construc...... Court must take cognizance of the alleged offence instantly at the spot provided the same has been committed or unfolded in his presÂence and convict the accused and award the preÂscribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) ...... done in the instant case by the Executive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the pl...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....e statements made therein. If the report is in custody of the Court the Magistrate should allow certified copies to be given upon application made on behalf of the accused, and if not, Magistrate has power under Section 94 Cr.P.C. to call for it from the police. The object of this Section to ascerta......resent: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J The State......................Petitioner Vs. Md. Mobarak and others......................Condemned-prisoners Judgment October 19 & 20, 2008. Result: The Death Reference No.176 of 2004 is rejected. The connec......report is in custody of the Court the Magistrate should allow certified copies to be given upon application made on behalf of the accused, and if not, Magistrate has power under Section 94 Cr.P.C. to call for it from the police. The object of this Section to ascertain cause of death. Section 174(1) ...... been inspired by conspirators the influence of done all these acts. Accused Abul Kalam had no P.C. & P.R. He denied the suggestion that Abul Kalam was at Chittagong on 26.05.2003 for attending a meeting of Bus Owners Association and although he produced paper to that effect but he did not pay a..Category: Criminal Law | Date: | Hits: 89
....spondent No.1 legally and rightly dismissed the appeal.
4. Mr. Md. Fazlur Rahman Khan, the learned Advocate appearing for the petitioner submits that Election Appellate Tribunal shall exercise the powers conferred by the Code of Civil Procedure and has every right to examine any order either fina......…Respondents
Judgment
June 10, 2010.
Result:
The Rule is discharged.
The Upazilla Parishad (Election) Rules, 1999, Rule 60
Whether the Election Appellate Tribunal is authorized to entertain an appeal against an interlocutory order passed by the Election Tribunal?
An appeal ......Petition No.3023 of 2010.
Judgment
Md. Delwar Hossain J.- Upon an application under Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued on 04.5.2010 calling upon the respondents to show cause as to why the impugned judgment and order dated 8.2.2010,......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......nt or 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 pubÂlic Prosecutor to examine any number of witnesses on the same point regardless of t......dminister justice assessing the evidence on record and on proper appreciation of the facts and circumstances of the case. ………………………….(66) 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 lega...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......ct, 1878 (Act No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons c......ed in law in relying solely upon the evidence of the police witnesses in the absence of corroboration by the members of the public; that the police witnesses were partisan witnesses and they were logically interested in securing conviction and sentence of the appellant once he was arrested by them. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
....f the tax and punishment for any violation or omission. The concerned authority is, therefore, duty bound to follow the procedure as laid down in the Act for each and every action. The Act does not empower any of the authorities created to become zealot to overpower and/or overawe any tax payer. Inv......n
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
United Mineral Water and PET Industries Ltd…………..Petitioner
Vs.
Commissioner, Customs, Excise and VAT Commissionerate and others………………Respondents
Judgment
May 13, ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....or the enforcement of rights and interest of the citizens in general or a section thereof. The judiciary is to play a vital and important role not only in preventing and remedying abuse and misuse of power but also to eliminate injustice. It must not be forgotten that the cause of justice cannot be ......Petitioners
Vs.
Government of the People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accorda......t enter into any agreement in respect of its largesse arbitrarily or at its absolute discretion and it is also in the practice that in the event of allowing any such right, the normal procedure is to call for competitive bids to get a better price and to show fairness on the part of the availability......ned memo dated 28‑4‑1998 containing the approval of the project issued by the respondent No.4 (Annexure J to the writ petition) pursuant to government approval dated 25‑3‑1998, minutes of the meeting of the Co‑ordination Committee dated 16‑6‑1998 (Annexure K to the writ petition) and M..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....aka for complete waiver from payment of the requisite tax under section 158(2) of the Ordinance. By the impugned order learned Member rejected the application on the ground that the Board had no more power to waive any tax after the amendment of sub-section (2) of section 158 of the Ordinance since ......the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... the above facts may be not necessary for disposal of the issue(s) that are involved in this Rule but may be illuminating and reflective on the difference of remuneration in the public service and so-called charitable service, when is considered at the background of the national pay scale under whic......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
....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: 13 MLR (HCD) (2008) 405.
......………………Opposite parties
Judgment
April 24, 2008.
Result:
The Rule is discharged.
Jurisdiction of a Civil Court
The exclusion of jurisdiction of a Civil Court should not to be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to e......l Abedin, Advocate - For the petitioners.
Md. Khalilur Rahman, Advocate - For the opposite parties.
Civil Revision 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: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....s can only be done in a separate suit at the instance of the defendants………………………………….(10) The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Revisional power of the court The finding of facts whether concurrent or not arrived at by the lower appella......ent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive possession in the suit land…â€......m, Sardar Abdur Rahman, Advocate - For the Defendant-Respondent - Opposite Parties. Civil Revision No.4291 of 2001. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This Rule was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 25.7.01 and ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ul Karim J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of ......victs should be acquitted from the case. 13. Now, in order to appreciate the arguments of the respective parties as submitted before us let the evidence on record be carefully scrutinized and critically analysed for determination whether the prosecution could prove beyond all reasonable doubt and......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..Category: Criminal Law | Date: | Hits: 158
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
....Court Division can really help very little because no provision is found in the Code of Criminal Procedure under which an application for revival of the case can be permitted to be filed. There is no power available to the High Court Division even to direct fresh or further trial if the time as stip...... cases involving serious and grave offences advantages of section 339C Cr.P.C. were taken without any trial. The practical conditions as obtaÂining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
....no intention to levy VAT on the services of PSI Agencies. Although the PSI Agency is appointed by the Government and the National Board of Revenue but the National Board of Revenue in exercise of its power under sub‑section (5) of section 3 have not declared the PSI services as vatable service and......Vs.
National Board of Revenue, Dhaka & others..............................................Respondents
Judgment
May 25, 2003.
Result:
The Rules are made absolute.
Cases Referred to-
Oriental Bank Corporation Vs. Henry B Wright, Appeal Cases Vol. V Privy Council 842; Megh Raj......and certify the quality, quantity, price, description and customs classification in respect of any importable goods for which pre-shipment inspection is mandatory, and to issue a certificate which is called Clean Report of Findings (CRF) and that the CRF shall be accepted as the basis for assessment......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
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