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Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....No.7570 of 1991. Judgment Siddiqur Rahman Mian J.- This Rule under section 115 of the Code of Civil Procedure at the instance of defendant-petitioner calls in question the Judgment and decree dated 10-5-1983 passed by the learned Additional District Judge, 2nd Court, Bogra in OC Appeal No.22......Judgment and decree of the Additional District Judge, Bogra. 11. Now, the point for determination is that whether the Courts below committed any illegality and material irregularity in passing the decisions which have occasioned failure of justice. 12. The learned Assistant Attorney-General fo..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....also taken a cheque for Taka 10,000 from him, but the appellant was caught at the Bank when he went to encash the cheque. 27. During cross-examination, P.W.3 stated that he could not recollect the date of occurrence. He further stated that Alkas Ali came on duty after him. He stated categorically......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
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....tion Nos.1796, 2011, 1798 of 2011, 1799 of 2011 and 1800 of 2011 have challenged the letter communicated under Memo No. সিএসএসজে/নিয়োগ বাতিল/২০১১/১১৯ dated 3-2-2011 passed under the signature of Civil Surgeon, Sunamganj, cancelling the appointments......f the appointments of these petitioners has been made most arbitrarily and mala fide and in violation of the principles of natural justice. In support of his submissions Mr. Aminuddin relied on the decision in the case of Government of Bangladesh Vs. Md. Selim Reza, reported in 23 BLD (AD) 193. ..Category: Employment/Service Law | Date: | Hits: 148
....es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......videntiary value under the Evidence Act.
6. He further pointed out that the Photostat of the documents which has been annexed as annexure-'C' series are created documents by the petitioner and the decision cannot be taken on the basis of such documents. He further submits that there are disputed ..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....2-17,21-24, 26-31 and 33-36. Civil Revision No. 4301 of 1997. Judgment SM Emdadul Hoque J.-This Rule at the instance of the defendant-Government is directed against judgment and decree dated 15.06.1997 passed by the Subordinate Judge, 2nd Gout, Jhalakathi in Title Appeal No.106 of 199......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
....tition No. 2645 of 2007.
Judgment
AFM Abdur Rahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dated 05.3.2005, issued by the Respondent No.2, Annexure-F, cancelling the permission to transfer th......Partem' and its recently recognized extended limbs namely 'duty to act fairly' and 'reasonableness', while the public body respondent No.2, was cancelling the Annexure-C.
26. An unbroken series of decisions in the common law jurisdiction has already established the principle that the rules of nat..
Category: Administrative Law | Date: | Hits: 299
....Fazlul Haque, Advocate - For the petitioner.
Dr. Rafiqur Rahman, Advocate - For the Opposite Parties.
Civil Revision No.4255 of 1997.
Judgment
Md. Mamtaz Uddin Ahmed J.- Counter affidavit dated 26.8.2009 and Supplementary affidavit dated 12.11.2009 be kept with the record.
2. The Rule......the Appellate Court without properly adverted to the evidence has reserved those findings and that judgment being not a proper judgment of reversal has committed error of law which is an error in the decision occasioning failure of justice. He further contended that issue No.6 and 7 were decided aga..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....nt is allowed to restrict a person from going abroad at its discretion simply because he is going to make propaganda against Government policy or because he may be required to stand trial at a future date, then Article 36 will become nugatory. The Supreme Court being the Guardian of the Constitution......nd trial before the war crimes tribunals is likely to flee the country to avoid such trial. (Annexure 4). 7. Mr. Abdur Razzaq, the learned Counsel for the Petitioner has drawn our attention to the decision in the case of Abul A Ala Mouddi Vs. State Bank of Pakistan reported in 22 DLR (WP) 20 (197..Category: Constitutional Law | Date: | Hits: 147
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....iah, Assistant Attorney-General - For the State. Criminal Appeal No.3778 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 30.07.2005 passed by learned special Tribunal No.17, Dhaka, in Special Tribunal Case No.243 of......appellant is innocent and as such the appeal should be allowed and the convict appellant should be acquitted by setting aside the impugned judgment. In this connection learned Advocate has cited some decisions reported in 49 DLR page 167, 47 DLR page 451 and 6 BLC page 705 regarding knowledge, contr..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....aintiff on account of expenses for arranging a valid employment voucher in the United Kingdom for Samir Kumar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid a......that the time is the essence of the contract while dismissing the suit for specific performance. He finally submits that the Court of appeal below has committed error of law resulting an error in the decision occasioning failure of justice in allowing the appeals without reversing all the findings a..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ittagong highway where a wholesale market for vegetables has been functioning. Plot No. 5003 is contiguous to plot No. 4805. All of a sudden, the petitioner came to know about the service of a notice dated 12-7-2007 under the signature of respondent No. 6 on behalf of respondent No. 7 under section ......ublishing notice under section 3 of the Ordinance" is very significant. The video recording has to be done immediately before issuance of notice under section 3 of the Ordinance but not before taking decision of acquisition of the land. Therefore, in the decision-making process of acquisition, this ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....lim law……………(18) No valid waqf without vesting its ownership in God It is to be seen that under the Mussalman Wakf Validating Act, 1913 waqf for the benefit of the descendants is validated but the essential tenet of wakf i.e., vesting its ownership in God, its eminent purpose and pe......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)
....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 of the VAT Act through notification being no 252 dated 6.8.20......s as well as the leave petitioners, submitted as follows:- (1) Although section 30A was inserted in the Customs Act 1969 by section 5 (9) of Act 12 of 1995 with effect from 1.7.1995 to nullify the decision of this Division passed in the case of Abdul Hannan, 42 DLR (AD) 167 in which it was held t..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....arty No.1. Civil Revision No.3917 of 2010 and Civil Revision No.3918 of 2010. Judgment Sharif Uddin Chaklader J.- These two rule by the defendant No.1 petitioner directed against order dated 16-9-2010 passed by the learned District Judge, Nilphamari in Judicial Miscellaneous Case No.9......rt 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 multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same cause of action ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....h other shipping document it cannot claim the delivery of the same……………….(26) Vessel becomes liable to discharge the entire cargo after obtaining the permission for breaking bulk as mandated by the Customs Act, 1969……………..(27) Cases Referred to- Modina Vegetable and Oi......the plaintiff failed to submit the original copy of the bills of lading along with other shipping document it cannot claim the delivery of the same. In this respect this Court notes that the referred decision of the case of KYCR Coil Industries Ltd Vs. MV Thor Transity and other reported in 10 BLC 6..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....sal to the Divisional Commissioner for approval. Thereafter notice under section 6 (1) (3) of the Acquisition and Requisition of Immovable Property Ordinance, was served upon the petitioner vide Memo dated 19-6-93 duly signed by the Deputy Commissioner. Finding no other alternative, the petitioner i......perty in question the existence of the Upazila Parishad Bhaban is in jeopardy. It is well established that mala fide vitiates everything. Mala fide has been defined by the Indian Supreme Court in the decision of the case Jaichand VWO AIR 1967 SC 483 in the following terms: "....mala fide exercise..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....61A 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 arising out of Dupchachia PS Case No.17 dated 23-10-2007 corresponding to GR Case No.137 of 2007 under section 409/477 (Ka)/109 of the P......consequence as such failure to maintain time can not vitiate the entire proceeding so initiated against the accused-petitioner. In support of her such submission the learned Advocate has referred a decision of the case of Rezaul Bari Vs. Bangladesh reported in 16 BLC 54. 11. We have heard the l..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....y Nos.1 and 2 to show cause as to why the impugned Judgment and decree passed by the Subordinate Judge, 2nd Commercial Court, Chittagong on 2-11-1986 in other Appeal No.501 of 1984, reversing those dated 17-6-1984 passed by the Munsif, 1st Court, Chittagong, in other Class Suit No.112 of 1980 shou......file the suit since they are not the party to the agreement dated 10-10-1979. The learned advocate further submitted that though the Court opined that the tenancy is not heritable but in subsequent decision of our Apex Court reported in 47 DLR (AD) 45 it has been settled that the tenancy is herita..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... For the Opposite Party. Civil Revision No. 534 of 2004. Judgment Mamnoon Rahman J. - This Rule was issued calling upon the opposite party to show as to why the impugned judgment and decree dated 4-1-2000 passed by the Additional District Judge, 1st Court, Narayanganj in Title Appeal No.44......ourt of appeal below while passing the impugned judgment did not advert to the finding and observation arrived at by the trial Court and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He submits that admittedly the suit is barred by section 11..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....firmatively that the child is illegitimate. If, therefore, it is not proved that the child was born of the body of the wife or that it was born during the marriage or that the father was alive at the date of conception or that the child was born within 280 days of the dissolution of the marriage, no......sses. The Court of appeal below further held that the Family Court wrongly relied upon section 112 of the Evidence Act which has no manner of application for deciding the said dispute. As regards the decision as to sexual relationship there is no legal evidence in support of the same and based upon ..Category: Family Law | Date: | Hits: 114
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