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Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....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...... original Zamindars did neither give settlement of the land to nor did they receive rent from anyone in respect of the suit land or the estate. Thus no right, title and interest was created by the so-called pattannama allegedly executed in favour of the predecessors-in-interest of the plaintiff. By ......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. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....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. ....... 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. ....... 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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

.... 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......rned Judge after passing the impugned order cleverly, minutely and masterly added further line which only not been heinous, contemptuous but a misconduct on the part of the presiding judge and specifically open his mind that he is interested in disposing of this matter even at the expense of the def......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....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......zlul Hoque, Advocate - For the petitioner. Zaman Akhtar, Deputy Attorney General - For the Respondents. Writ Petition No. 1968 of 2002. Judgment Farid Ahmed J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the acquisition proceeding in LA Case No. 8 of ......to purchase the same at a consideration of Taka 10 lac and having failed he forcibly hanged a signboard of the then ruling party. The petitioner then removed the signboard from his land. On 29-7-90 a meeting of Upazila Parishad under the Chairmanship of the then Upazila Chairman Mr. Amzad Hossain wa..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....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......e Party No.2. Criminal Miscellaneous Case No. 20257 of 2001. Judgment Md. Mozibur Rahman Mia J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No.04 of 2008......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. ..

Category: Procedural Law | Date: | Hits: 86

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

.... 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......from her. He was in the habit of coming home after 4/5 months and he did not take care of her during those periods. As the plaintiff No.1 refused to pay the dowry the defendant No.1 tortured her physically and mentally. She was a primary teacher in a government school and joined in the service befor......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

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... 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......rt Naogaon who by the impugned Judgment and decree dated 28.8.2005 allowed the appeal, dismissed the suit holding that the suit was not maintainable without submitting any reply as against show cause called for from the plaintiff. 7. Being aggrieved by the said Judgment and decree the plaintiff h......from the post of principal temporarily and allowing the defendant No.5 from functioning as principal-in-charge. That decision was taken at 05.00 P.M. on 29.9.2003 by defendant Nos.1-4 in an emergency meeting without any notice to the plaintiff. That decision was taken most illegally and without havi..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....the name of the petitioner, registration of the vehicle was never changed to the name of anybody. A detail procedure is laid down for transfer of ownership of a vehicle. Change of any money or the power of attorney would not constitute a valid transfer of ownership of the vehicle in law. The enti......rd of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule is made absolute. Cases Referred to- Haji Md. Mohsin Vs. the State, (1988) 40 DLR 431; Thiru Vs. Thanigachalam Vs. State of Tamil ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....e. But in this Ain a further yardstick has been given i.e. for public interest certain cases are to be tried by Druta Bichar Tribunal. …………………….(15) The Druta Bichar Tribunal is empowered to try the offences of murder, rape, firearms, explosive substance and drug. On each of the ......��…Opposite Party Judgment March 14, 2007. Result: The Rule is made absolute with observations. Why the Druta Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not ......lapsed. Learned Judge by the impugned order dated 14-6-2006 rejected the prayer although holding that 135 working days has elapsed 'yesterday'. 3. At the time of hearing of the Rule, two questions call for our attention i.e. as to whether the Tribunal can withhold the case beyond 135 days as ment......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ding Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 4......defendants further contended that after loading of the goods on board the vessel, it sailed from Hull on 20-10-1999. The vessel encountered severe cyclone storm in the Bay of Biscay on 23-10-1999 and called at Southampton on 26-10-1999 for emergency repairs, re-stowage and re-lashing of cargo for sa......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....e or proceeding. It is further stated that the appointing authority having appointed him as General Secretary on purely temporary basis no show cause notice is necessary. The appointing authority has power to make appointment and also the power to suspend or dismiss or relieve any appointee without ......) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The N......t, memorandum or articles of association or any, other legal instrument, the Board shall have power‑ (a)……………………….. (b) to dissolve the executive committee, by whatever name called, of an organisation affiliated to it, if, in its opinion, the executive committee does not ac......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....ed by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with th......others………………………Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received ......din Talukder, and Syeda Maimunna Begum, Advocates ‑ For the Respondent No.4. Writ Petition No.456 of 1998. Judgment Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dat......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....k (respondent No. 2) put the decree into execution by filing Artha Jari Case No. 658 of 2005. 3. The defendant-petitioner (judgment debtor) entered appearance in the said Artha-Jari case by filing power and on 17-9-2006 filed an application for dismissal of the Money Execution Case on the ground ......e Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54......or the Petitioner. Akram H Chowdhury, Advocate — For Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respo......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....respondent No. 4 Additional Deputy Commissioner (Revenue) Dhaka which is still pending and the impugned order came during the pendency of that application which is an absolutely arbitrary exercise of power by the respondents. 5. He also stated in the petition that the following civil cases are pe...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......zaman, Advocate — For Respondent Nos. 7 and 8. Writ Petition No. 6312 of 2007. Judgment Md. Ashfaqul Islam J. - In an application under Article 102 of the Constitution this Rule was issued calling upon the respondents to show cause as to why the purported investigation report of the respo......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......wful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......itioner. Khalilur Rahman with Ms. Rubaiyat Hossain - For the Respondent Nos. 1 and 2. Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed agains......lication to the Respondent No.3 praying for supplying him with the attested copies of the essential papers including the report of the Enquiry Committee which were never supplied to him earlier for meeting the charges brought against him. Thereafter, upon prayer made by the petitioner on 2.6.1996,..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....e and registered the kabala deeds. Plaintiff No.1 on 3.11.98 got the certified copy of kabala No.3665 and came to know that in the same way, .27 acre of land in 'Ka' schedule land was registered by power of attorney holder, Abdul Salam on 16.6.87 whom the plaintiffs did not appointed 'Attorney'. I......eals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plaintiffs on the basis of this decree cannot evict the defendants whose pos......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....hat such declaration is made in extremity, when the maker is at point of death and when every hope of this world is gone, when every motive to falsehood is silenced and the man is induced by the most powerful consideration to speak only the truth. Notwithstanding the same, great caution must be exer......�……….Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantial......he time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. Such statements in law are compendiously called dying declarations……………………………..(54) Juristic theory regarding accept......Penal Code, also, cannot be resorted to against convict appellants in the absence of any evidence that convict- appellants and other convicts had prior concert and prearranged plan and there had been meeting of minds and fusion of ideas amongst convict-appellants in the felony. It has been, thus, pe..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....ke mistakes……………………(38) When the language of any statute e.g. each sub-section of section 25B of the Special Powers Act, 1974 are clear on its plain reading, the Court has got no power or authority to alter the language of the said sub-sections to give effect with the supposed i......mption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....te party Judgment June 14, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Jud......bsp; The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court a......r of the Additional Metropolitan Sessions Judge The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect to any order under the code, sec......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..

Category: Procedural Law | Date: | Hits: 94

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....of preventive detention as contemplated in the Act be resorted to in detaining a person in custody. Nowadays, almost in all cases we find that the executive authority is indiscriminately using this power of preventive detention in cases of persons against whom F.I.R. has been lodged in a case unde...... a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detention as contemplated in the Special Powers Act be resorted to in detaining a person in custody. In a case where specific criminal charge has been levelled...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..

Category: Criminal Law | Date: | Hits: 66

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