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Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....inister. He submitted that considering the overall law and order situation in the country and the surrounding circumstances the Prime Minister made the aforesaid bonafide statement to the BBC without any malice or intention to undermine the honour, image, prestige and dignity of the Courts. So, the ...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One applic..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....bove questions and, as such, though there is no legislative backing, the decisions of the Superior Courts ripen into law. He has further argued that though the questions were not actually agitated in any Case, from the decisions given by this Court in Cases under section 491 of the Code, the questio......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ......o, we are of the view that unless and until the order passed by the learned Sessions Judge is set aside by a competent Superior Court, the legality or propriety of the order cannot be decided in this proceeding under section 491. 5. We have noticed that while expounding the principle of “im..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
.... appeal. 3. Mr. Md. Mahbub Ali, the learned Advocate appearing on behalf of the plaintiff-appellant submits that the impugned order suffers from serious infirmity in not considering and giving any finding on the legal requirement of rule 19 of Order 41 of the said Code as to whether the appel......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......impugned order is liable to be set aside. He further submits that the appellate Court below having given his full consideration on the laches and negligence of the plaintiff-appellant in pursuing the proceeding while rejecting the aforesaid application the impugned order is not sustainable in law in..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....ve their ownership in respect of the seized goods and if they can succeed that the goods were seized from their possession only, in that Case they would get back the goods and, as such, we do not see any reason for the petitioners to be aggrieved by the impugned order passed by the tribunal. The bas......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......cedure for quashing the said Special Tribunal Case. Eventually, a Division Bench of Court by Judgment and Order dated 27-11-1997 made the Rule absolute in the said Criminal Miscellaneous Case and the proceeding of Special Tribunal Case No.348 of 1996 of the Court of Special Tribunal No.1 Satkhira wa..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Suit No. 49 of 1986, to its original file and number, upon payment of a cost of Taka 1,500.00. This is the impugned order, which is under challenge in this Civil Revision. The petitioner cannot have any objection for restoration of the Title Suit No.49/86 as that is in the interest of his client an......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......is non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or other as it thinks fit, and shall appoint a day for proceeding with the suit. 5. The learned Assistant Judge felt that the plaintiff had failed t..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....the advice of the local lawyer he was again arrested under section 54 of the Code of Criminal Procedure and since then he has been in jail hajat. No criminal Case is pending against the petitioner in any Court in Bangladesh and, as such, he is entitled to be enlarged on bail. It has further been sta......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... has been in jail hajat. No criminal Case is pending against the petitioner in any Court in Bangladesh and, as such, he is entitled to be enlarged on bail. It has further been stated that the alleged proceeding having taken place in the United Kingdom, being outside the jurisdiction of Bangladesh th..Category: Criminal Law | Date: | Hits: 87
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
...., 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as plain...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....mplex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs. Abdul Hamid and others 51 DLR (AD) 48; HR Harmer Ltd (1958) 3 Al......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......ion of the company and substituted the names of respondent Nos. 2 and 3 as Chairman and Managing Director respectively in place of former Chairman and the Managing Director. The company forwarded the proceeding of the annual general meeting as aforesaid and the extraordinary general meeting Annexure..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
.... of the Limitation Act being the earliest period prescribed and then, also section 48 of the Code of Civil Procedure which prescribed maximum period of limitation. If the execution petition is hit by any of the two provisions it is to fail.” 8. In the Case of Bangladesh JS Bank Vs. Sangbad,......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......7 of the Code of Civil Procedure the application is not maintainable in its present form.’ 5. Mr AJ Mohammad Ali, the learned Advocate appearing for the petitioner submits that the execution proceeding is barred both under the provisions of section 48 of the Code of Civil Procedure and arti..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... in Secretariat and made press reports (Annexure-K and K (1) about rehabilitation of slum dwellers of Dhaka City. In spite of above process the Housing and Settlement of the Ministry of Works without any scheme for rehabilitation of the slum dwellers of Balur Math Basti including the petitioners sub...... demands that the slum dwellers should not be unkindly evicted without making any alternative arrangement for their rehabilitation as human beings. But in the instant Case nothing can be done at this stage when the petitioners were already evicted from the lands vide Annexures 2 and 7 on 28-4-93. Ne......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....h others has been facing trial for conspiracy to kill four national leaders brutally inside the Dhaka Central Jail on November 3,1975 though the said leaders were not even arrested in connection with any Case pending against them and that for such heinous offence the proviso to section 497(1) of the......umstances, are of the view that the petitioner ha not succeeded to make out a Case warranting bail under the provision of section 339C (4) of the Code. It may be added that the Case is already in the stage of trial and at this stage, on the reasons given above; we do not think it expedient to releas......nce much time had to be wasted because on a number of occasions the defence on various pleas went in revision the High Court Division and also in appeals the Appellate Division, though unsuccessfully proceedings remained stayed on those occasions and, as such, for the cause of the defence the being ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....he plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substit......ary, was available on record and there was no necessity for remand. This Case also does not support the opposite party. 34. Under Order VI rule 17 of the Code Civil Procedure, the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such a manner and on ...... VP Case initiated in respect of the suit land is illegal, void and without any lawful authority. On the death of Tayeb All, his heirs, present petitioners, after being substituted continued with the proceedings. 3. The plaint Case, in short, is that: 8 annas of plot No. 1522 measuring 0.08 acre ..Category: Property Law | Date: | Hits: 22
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....dure and ‘took cognizance against him under section 228 of the Penal Code. The accused, however, pleaded guilty and begged to be excused. But the learned Magistrate, the petitioner, without framing any charge, as required under section 481 of the Code of Criminal Procedure, proceeded against him u......9. Section 228 of the Penal Code runs as follows: “228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may exte...... he was conducting his Court on 5-7-1998, at about 16-30 hours, one of the accused, namely, Mohammad Ali Khan, was dozing in a chair in his Court-room and was yawning which caused interruption in the proceedings of the Court, as such, the petitioner drew a proceeding under section 480 of the Code of..Category: Criminal Law | Date: | Hits: 29
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....o.1 to 40 again filed the present Title Suit No.42 of 1999 with a prayer for declaring the decree passed in Title Suit No.177 of 1994 illegal and invalid and that the defendant No. 1 had not acquired any right by purchasing the land from defendant Nos.2 to 6 in respect of the suit and, Though no sui...... accepted, and it was held that the defendants purchased the entire land of CS plot No. 371 and the plaintiffs failed to prove the right, title and possession in respect of the said land. So, at this stage the argument advanced by Ozair Farooq cannot be accepted in view of the fact that the dispute ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....Land) for attaching the said forged order of the learned Munsif for drawing up a proceeding under section 476 of the Code of Criminal Procedure, that the Assistant Commissioner (Land) refused to make any complaint and directed the complainant to file Case against the accused and accordingly, complai...... are included in chapter VII of the Tenancy Rules 1954 under the heading “Revision of record of rights under section 144 of the Act.” This chapter deals with the particulars to be recorded at the stages of the work, procedure of work up to station, publication of draft record of rights, objectio...... No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st Class, Tangail. ..Category: Criminal Law | Date: | Hits: 59
....ing mosqOlues, schools, roads, etc. The petitioners have further alleged that the respondents continuously pick up the prostitutes from their residence, physically and verbally abuse them act without any cause illegally push them into vagrant homes violating their right to life and living and liveli......ence in Tanbazar and Nimtali took place in the early hours of 24th July, 1999 before the break of dawn which has been sufficiently proved by the respondents not contradicting the press reports at any stage.
6. Mrs. Sigma Huda, the learned Counsel appearing for the petitioners, having taken us thr......alms and by no stretch of imagination in the facts and circumstances of the Case, the evicted inmates of the Tanbazar and Nimtali could be termed or treated as Vagrants. In the absence of any regular proceeding treating the said inmates to be vagrants by the attending Magistrate, we have no hesitati..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....mand rest dowry Tk.3,00,000/- (three lac) now and then and used to put pressure on deceased Rakhi and torture her. The accused even used to keep her (deceased) locked in a room without supplying with any food to her. The accused namely Sadequl Islam Tusar, Most. Rowshan Jahan, Tuhin, Nasima and Tarm......lation which was ante-mortem and homicidal in nature. If the Medical Board was certain that death was due to asphyxia, there was no earthly reason that they should withhold the opinion at the initial stage. The chemical examiner did not get any trace of poison in the stomach. Therefore the opinion o......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....2005 in favour of his only daughter, the alleged oral gift of the same flat on a later date on 11.03.2005 by the writ-respondent No.8 in favour of the writ-petitioner was invalid and did not create any right, title or interest of the writ-petitioner in the said flat and hence, the writ petitioner ......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ...... faovur of the writ respondent No.9 the writ-respondent No.8 and whether writ-respondent No.9 or writ-petitioner has, the title to the said flat, the questions involved cannot be decided in a summary proceeding under writ jurisdiction; that there having been a gift by writ-respondent No.8 in faovur ..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
....e to the definite findings that the pre-emption proceeding was not barred by the principle of estoppel, waiver and acquiescence. There was also no materials on record to show that the pre-emptor took any part in bringing about the transaction or assisted in any away the sellers in selling the land o...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......mption case was barred by the principle of waiver, estoppel and acquiescence but the High Court Division on consideration of the materials on record came to the definite findings that the pre-emption proceeding was not barred by the principle of estoppel, waiver and acquiescence. There was also no m..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....02.2008 passed by the High Court Division in Writ Petition No.4310 of 2001 making the Rule absolute. 2. The facts, in short, are that the writ petitioner International Oil Mills Limited, a company incorporated in the year 1963 is engaged in Tank Terminal business upon obtaining a permission f......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......it petitioner in order to relinquish their liability to pay the due lease money and by paying the lease money up to 1994 the respondent No.1 escaped the eviction order passed against it in a criminal proceeding. 20. He further submits that the promise made by the respondent No.1 towards the w..Category: Property Law | Date: | Hits: 33
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