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Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ...... adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. [Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38]……………………(10) The inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of the proc......itial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to an abuse of the process of the Court. (3) Where there is a legal bar against the initiation or......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......ly enough took the line of argument advanced by Mr. Alimuzzman Chowdhury giving a go-bye to the case of opposite party No.1 who succeeded in both the Courts below. Mr. Halder without surrendering his power has argued the case against the interest of his client. He never spoke a word on the merit of ...... Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is discharged. Cases Referred to- Balakrisha Chetty and sons Vs. State of Madras, AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 4......be curtailed under the Family Court Ordinance. In this decision it has also been held that the Family Courts Act has only changed the forum, altered the method of the trial and empowered the Court to grant better remedies. It has brought only a procedural change without affecting the substantive rig..Category: Family Law | Date: | Hits: 209
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......age or such other person as aforesaid refusal to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence cannot find the defendant and there is no agent empowered to accept service of the summons on his behalf, of any other person on whom service can be m......……………..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Cha......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......ssain after the liberation who then was residing at 101, Hrishikesh Das Road, Dhaka. His father-in‑law Kazi Nooruddin was his lawful attorney to manage all the affairs of the property by registered power of attorney dated 28‑7‑72. The said bharatia Mollah Abdul Majid got the case property enli...... the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned property. Once the same is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his b......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....tion and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the High Court Division exercises as discretionary one. Lawyers Involved: M Habibullah, Advocate ‑ For the Petitioner. Writ Pe......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the High Court Division exerci......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......ence on record and are based on correct principle of the appreciation of the evidence. I find no illegality in the impugned Judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. ......se or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 207 = 50 DLR55. Lawyers Involved: Salma Rahman, A......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ....... Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually com......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......di Alterem Partem' is applicable in the administrative as well as in the judicial or quasi-judicial proceedings …………………………(26)
Unless a person holds a right he can not claim to be heard before the same is infringed by any action either judicial or administrative…………......30. It appears that the writ petitioner failed to annex any document to impress this Court that despite his reply and effort to satisfy the respondent No.2, the impugned Annexure-F was issued in flagrant violation of the rule of duty to act fairly. Therefore the argument of Mr. Khurshed Alam Kha..
Category: Administrative Law | Date: | Hits: 299
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... for certain period and being in such position, she could appoint her successor but she did not appoint her successor and in that view of the matter, when she left the premises without exercising her power, the office of the Shebait had automatically reverted to the plaintiff who is the only heir of......….Petitioner
Vs.
Biresh Ranjan Dhar and others…………………………….Opposite Parties
Judgment
November 12, 15, 2009.
Result:
The Rule is discharged.
Case Referred to-
Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All.
Lawyers Involved:
Fazlul ......of Ramani Mohan Das was debuttar property and she was a Shebait. The suit land was recorded in the name of Ramani Mohan Das Baishnab as a secular property and he realized the Rent from the tenants by granting Fargos (receipts) by filing rent suit in his own name. He also sold land to Asgar Ullah by ..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......…. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific performance......ury filed Writ Petition No. 99 of 1966 challenging the said acquisition of the suit property. Samir Kumar Chowdhury also prosecuted Civil Revision No. 851 of 1966 in this Court in connection with the grant of probate of the will. Plaintiff could not procure the employment voucher for Samir Kumar Cho..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ...... that: "Before the Deputy Commissioner acquires the jurisdiction to publish a notice under section 3 an agreement with the non- Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device." 22. In the above c......s ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 of 2008 is discharged without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. I......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......osal of the wakf property Muslim law literature is not free from the controversy as to what is and what not a valid waqf is. But there is hardly, if ever, any controversy about restriction on the power of a Mutawalli to make a permanent disposal of the wakf property completely dedicated to the r...... Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Ph......lease of the suit property from the Government. It is the further case of the plaintiff that the land in suit Khatian was never a khas land of the Government, therefore, it has no lawful authority to grant lease of the land to anyone whosever. The title of the suit land being created in favour of th..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......fication during subsistence whereof Letter of Credit were opened and the said vested right could not be adversely affected by the subsequent notification made by the Government in exercise of the power of delegated legislation. Learned counsel further submitted that section 14 of the VAT Act, 19..................................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. ...... Section 30A of the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
..... 12. In the case of Mohammad Vs. Abul, 42 DLR 21, and Bijoy Vs. Narendra 43 DLR 68 it has been held that, "District Judge enjoy the power under this section somewhat of administrative nature and discretionary. In suitable case the District Judge can even suo moto exercise this power in the inte...... an inference that the judge was out to thwart urgency under the clock of vacation. 11. In the case of Alea Vs. Narayan, AIR 1949 Mad 283, it has been held that, "District Judge derives unfettered power of transfer or withdrawal of a case under section 24. In that case it has further been held th......on any of the following grounds:— (i) Reasonable apprehension in the mind of the litigant that he may notget justice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicit......f Indore Bench held that, the crucial question, which falls for considerations is whether there was any ground made out for transfer of appeals pending before the Addl. District Judge and whether not granting interim stay of operation of the order appealed against would itself justify transfer of a ..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......te without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) section 3 The Law of Acquisition gives the Deputy Commissioner power to acquire property in two likely situations. Firstly, if the property is needed and secondly,......…………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II......he decision in the case of Abdur Rauf Vs. Abdul Hakim, reported in 17 DLR (SC) 515 where it has been observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala fide exercise of power. A Mala fide..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......upchachia Paurashava as informant lodged an FIR with Dupchachia Police Station, Bogra, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paurashava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exche......1A On exercising jurisdiction under section 561A of the Code of Criminal Procedure, the High Court Division can not verify the procedural shortcomings when the petitioner preserves every right to justify his alleged assertion during the course of trial but that cannot be any ground to quash t......nce. Regard being had to the above discussion, observation reading and the decision cited above we do not find any merit in the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. The learned Special J..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ...... by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendment of law, that shall be cancelled and the suit premises should be returned back to the landlord………………………………(14) Cases Referred to- Abdur Ras......her Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif (now Assistant Judge), 1st Court, Chittagong in Title Suit No.112 of 1980 are hereby upheld. The order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records..Category: Administrative Law | Date: | Hits: 175
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... it were so, that would prevent its establishment from any but him. Third, he must confirm the acknowledger in his acknowledgment if he can give an account of himself; for one he can do so in his own power contrary to the case of a child who cannot account for himself." 17. In Khorshed Alam Vs. A....... This provision is based on the English rule that the child born in wedlock should be treated as the child of the man who was then the husband of the mother; unless it is shown that he had no access to the mother at the time of conception. When a child was born during the wedlock, there is an initi......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......Darjipar, P.S. Lakshimpur are retainable khas land of the plaintiffs. 3. The plaintiffs have alleged that the land constituting the bazar known as Dattapara Chowdhury Bazar was owned by the debuttors created by the predecessor of the Sebaites in favour of the deities long before. This bazar, it......ompensation has been received by the landlords with respect to the khas lands of the khatian. 9. In these views of the matter the order of the learned Subordinate Judge so far as it relates to the granting of temporary injunction with respect to the bazar is affirmed and with respect to the two t..Category: Property Law | Date: | Hits: 74
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....ng. No pre-hearing is necessary for placing an employee under suspension pending departmental action as it is not a punishment but is a disciplinary matter in aid of disciplinary proceeding and it is discretionary for the departmental authority and the order of suspension cannot be interfered with b...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ntiff-Petitioner Vs. Md. Shamuzzoha Khan & Others…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Sah......aging Committee took a decision for upgrading the college as a degree college and directed the plaintiff for publication of notice but she did not carry out that order and did not take any steps. The grant of the college was expired on 30.6.2002 but she did not take any steps for extension of grant...Category: Employment/Service Law | Date: | Hits: 118
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