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Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)
....re taker government and which has been repealed by the Local Government (Pourashava) Act, 2009 (Act 58 of 2009) published in the official gazette on 06.10.2009 thus no confidence proceedings has been completed under the Act 2009 and as such the very initiation of the proceedings of no confidence is ...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Mohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………......ashava (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may deem fit and proper. 2. Short facts for disposal of the Rule are that the petitioner is an elected councilor o......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...Category: Others | Date: | Hits: 136
....e been issued without lawful authority and is of no legal effect.
2. The back ground leading to the issuance of the present Rule, in short, is that the petitioner is an Income Tax Practitioner and completed 50 years in his profession with highest reputation that has been acclaimed by the National......msul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner
Vs.
National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others………………Respondents
Judgment
April 27, 2010.
Result:
The Rule is dis...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
...... should be discharged outright.
In the result, the Rule is discharged, however, without an order as to cost.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325.
..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......obinda Chandra Tagore J. - I agree
This Case is also Reported in:
...... passed by a Division Bench of this Division in Writ Petition No.5125 of 2004 discharging the Rule should not be reviewed and/or pass such other or further order orders as this Court may deem fit and proper.”
2. Relying on the following averments the petitioner seeks for review of the judgment......ssain, Deputy Attorney General-For the respondents.
Review Petition No. 67 of 2010
(arising out of Writ Petition No. 5125 of 2004).
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issued on 13th July 2010 was in following terms:
“Let a Rule Nisi be issued calli..
Category: Administrative Law | Date: | Hits: 371
Sayed and 10 others Vs. State, 1996, 25 CLC (HCD)
.... attempt to realise the ransom does not constitute any offence under section 4 of the Anti‑Terrorism Act and that the provisions of this section is attracted only when the attempt is successful and complete. An attempt to realise money in the form of donation or otherwise has not been made a punis......ase is also Reported in: 48 DLR (HCD) (1996) 489. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ......peal No.2425 of 1993 and appellant Md. Based Miah in Criminal Appeal No.2527 of 1993 are discharged from their respective bail bonds. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 489. ..Category: Criminal Law | Date: | Hits: 81
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....wed possession. Therefore, an element of obstruction or prevention from ascertaining a right appears to be necessary to construe 'exclusion from possession'. In other words, it suggests a clear and complete ouster. Nothing short of a complete ouster and clear exclusion from possession will defend ...... This Case is also Reported in: 35 DLR (HCD) (1983) 11....... 2/3rd share in schedule 1 land and 1/3rd share in schedules land of the plaint by way of inheritance from their father Akram Ali. The plaintiffs claimed that they are in joint possession of the suit property by enjoying usufructs. Since the defendants did not respect their demand for partition th......d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...Category: Property Law | Date: | Hits: 93
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. .....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a......ure-13 to the petitions should not be declared to have been made without any lawful authority and of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts of the respective cases which have given rise to the Rules are, briefly, sta...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... or her undivided interest in joint family property), are — (a) in the case of a boy or an unmarried girl — the father, and after him, the mother; provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. 22. It is admitted that in t......is Case is also Reported in: 16 BLC (HCD) (2011) 37.......Roy Chowdhury, Bhanu Roy Chowdhury, Haripada Roy Chowdhury, Kanu Roy Chowdhury, Dipali Roy Chowdhury, Nibedita Roy Chowdhury, Sanjib Roy Chowdhury got saham in the suit schedule land along with other properties in Partition Suit No.12 of 1938 which was decreed on 13-12-1958 by the learned Sub-Judge,...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......vocate—For the Opposite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ......cree. 3. The contesting defendants-opposite party Nos.1-5 filed a written statement in this suit contending, inter alia, that the suit is not maintainable in its present form and the same is not properly valued and stamped is also barred by res judicata, waiver and acquiescence. It is also co......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D...... P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but the learned Special Tribunal wrongly relied upon them and most illegally and improperly convicted and punished the accused appellant. The learned Advocate for the appellant furthe......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......ted in: 48 DLR (HCD) (1996) 226. ......দেখান হইয়াছে।” This sort of relinquishment or nadabi does not create any title in favour of the person to whom it is made as it is not a transfer in the case of immovable property. Even a transfer deed of Nadabipatra does not create any title in favour of the transferee ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......d in: 42 DLR (HCD) (1990) 138. ......in 90 days the case shall be revived. When the section itself does not speak of any ground or reason for such revival why shall we search for such ground and read something in the section itself. For proper understanding of the import of section 339D we will look to section 494 of the Code. Sectio....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..Category: Procedural Law | Date: | Hits: 143
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
....an Magistrate where the case was pending soon after the arrest of the petitioners. The learned Advocate has argued that the proceedings should be quashed because the Investigating Officer failed to complete the Investigation within 60 days and thereafter within 30 days as extended by the Magistr......d in: 42 DLR (HD) (1990) 136. ......ed by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P.S. Case No.32 of 1988, the Police Officer received a secret information that some stolen property of the said case is hidden in house No.87/88, Siddique Bazar, Dhaka. The informant along wi......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ..Category: Criminal Law | Date: | Hits: 84
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....fers were received and another committee was formed in June, 1996 made a preliminary selection of five offers. As the offer to Daewoo was not in the said five as it did not include 28 items, it was incomplete and those were shown as owner furnished equipment in the offer. A delegation from South Kor...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government thro......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ...... (1996) 470. ......ed. 12. The impugned order having been passed ex parte in hot haste on the date immediately after filing of the plaint, the learned Subordinate Judge naturally failed to consider the matter in its proper perspective. In view of our discussion as above we find that the learned Subordinate Judge co......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
.... capable of being maintained out of his or her own property." And section 352 of the said Ain runs as follows:— "The mother is entitled to the custody (hizanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty. The right c......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......nd unless the notice under section 7(1) of the Ordinance is given to the Chairman. The matter whether the divorce became effective and the marriage between the parties has not been terminated without properly followed the provision of section 7(1) of the Ordinance, 1961 which has been elaborately di......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....ecord. Apart from the above, if this Division finds a substantial and grave injustice or if there exists special and exceptional circumstances it can exercise extra ordinary jurisdiction for doing 'complete justice' in any matter pending before it. This does not mean in every petition or appeal th...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………......s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......omplainant filed a petition of complaint in the Court of Upazila Magistrate, Chhatak, District Sunamganj alleging that she is the married wife of Mokbul Ali. The marriage was solemnised on 16.04.1974 and out of that wedlock a son, now aged about 10 year and a daughters now aged about 7 years were bo......ife or wives in this regard. 10. The Arbitration Council shall after hearing the petitioner and the representative of his existing wife or wives shall decide and in deciding whether it is just and proper to allow the application the Council shall have regard to such circumstances such as sterilit......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....tification of P.W.15 constable No.261 Mofizul Islam and constable No.470 Mosadeque. The post‑mortem doctor found the following injuries on the dead body of Biraja Rani Debnath: Body separated completely into two pieces at the level of the upper abdomen about 2" above the umbilicus by sharp c...... ......s‑examination has simply reproduced in the judgment the evidence of the said prosecution witnesses given in examination‑in‑chief and thereby illegally convicted the accused‑appellants without proper appreciation and appraisal of the oral evidence on record. They have further submitted that P...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......urt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Azizul Huq (Md.)..................Petitioner Vs. Chairman, Labour Court, Khulna and Others............Respondents Judgment July 31, 1996. Result: The Rule is made absol...... of Assistant Supervisor (Field). On 29‑9‑78 he was charge sheeted by the management on the allegation of his committing theft, fraud or dishonesty in connection with the employer's business or property, in that he on 11‑3‑78 organised three farmers of Alamdanga buying centre of the compan......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......azi Ebadul Hoque J Amind Kabir Chowdhury J Abdus Sattar, Fitter, LB No.4784, G Shift, Victory Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3, 1996. Result: The Rule is made abso......unishment of dismissal to the petitioner from service for the loss of some screws not worth very much. Learned Chairman of the Labour Court failed to consider this aspect of the case and also to give proper weight to the opinion of the two members of the Labour Court, one of whom represented the emp......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ..Category: Labour and Industrial Law | Date: | Hits: 183
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