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Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......akati. The accused Parul Begum is distantly related to her and she used to reside near the house of the victim. The accused Md. Alam had also dwelling house situated at a distance of about 500 cubits from the house of the victim. On 3-12-1998 at about 8-00 PM, when the male member of the victim’s ......der neutral judicial custody from 1-3-2000, she preferred to give testimony as a defence witness and accordingly, when she was in jail custody she gave testimony on 18-5-2000 which appears to be more independent reflecting her voluntary involvement in the occurrence. We have also seen that the evide...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......tion of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the accused is the owner of a store situated at 115/A, New Elephant Road. The complainant, retired from service on 1 5th June, 1994 on receipt of the gratuity and provident fund. The complainant, on ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ...... in accordance with the provisions of section 4(1) of Telegraph Act 1885 and section 5 of Wireless and Telegraphy Act 1933. The petitioners alleged that as no licence was obtained from Ministry of Post and Telecommunications and no apparatus was imported by the ETV Ltd after obta......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......e absence of proof of adverse possession in the suit land, the trial Court erred in law in decreeing the suit. He submits, in view of its own finding that the plaintiffs got land by way of settlement from the original rent receivers, the trial Court erred in law in decreeing the suit declaring title......e circumstances of the case, the trial Court has come to a conclusion that the plaintiffs have acquired right and title in the suit land first by settlement and then, by way of adverse possession. By independent consideration, the Court of appeal below appears to have affirmed such finding. 33.......on where the plaintiffs claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gratuitous relief.” 18. In Achal Reddy Vs. Ra..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 115 (i) Surrender of an under tenancy right need not be in writing but it may be inferred from the act and conduct of parties as well. (ii) The High Court Divisio...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......g that in a pre‑emption proceeding the actual nature of transaction cannot be gone into and rightly decided, the case and, as such, the impugned order of the High Court Division does not suffer from any legal infirmity. 9. The moot question in this appeal is, whether the deed unde......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......bsp; March 9, 2002. The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the b......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......p; Mainur Reza Chowdhury J.- The instant civil petitioner for leave to appeal by judgment‑debtor‑petitioners arises from the judgment passed by a Single Judge of the High Court Division in Civil Revision No. 2849 of ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......inur Reza Chowdhury J: The plaintiff respondent was a monthly tenant in the suit premises under the defendant‑petitioner. The petitioner having refused the rent he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......ents Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the criminal case cannot be quas...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....n of the prosecution evidence regarding the role of accused appellant Hazrat in causing the death of the victim has been vitally contradicted by the evidence of PW 7 Dr. Abdul Hannan Khan. We find no corroboration to the evidence of the PWs from any reliable and independent source, as a result of wh...... 10 under khatian No. 555 of mouza Durgapur under Kendua Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to accused Maruf Khan. Consequently, acc......ellant Hazrat in causing the death of the victim has been vitally contradicted by the evidence of PW 7 Dr. Abdul Hannan Khan. We find no corroboration to the evidence of the PWs from any reliable and independent source, as a result of which an element of doubt looms large and it leads to the inevita......t in causing the death of the victim has been vitally contradicted by the evidence of PW 7 Dr. Abdul Hannan Khan. We find no corroboration to the evidence of the PWs from any reliable and independent source, as a result of which an element of doubt looms large and it leads to the inevitable impressi..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......ed the agreement on some illegal terms in the bainapatra and sought for dismissal of the suit. 4. The suit was decreed and on appeal the same was affirmed. It appears from the impugned judgment that on 3‑5‑2000 the High Court Division discharged the Rule ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ion of 3 wards into 9 wards of Chowmuhani Pourashava stating that while delimitating the wards the Delimitation Officer did not take into consideration variation of population which was more than 10% from one ward to another and that without informing the Chairman delimitation was made in violation ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... "Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing on behalf of the petitioner, submits that the case is pending before the learned Metropolitan Sessions Judge for about 930 days from the date of receipt of record by that court and out of 75 witnesses only six witnesses have so ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respondent No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay the l......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......his petition is that respondent Nos. 1 and 2 filed the said writ petition alleging that the petition-Hussain Mohammad Ershad was elected member of Parliament in the general election held on 12-6-1996 from 21 Rangpur 3 Constituency. After he vacated the office of the President of the country the Bure......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......the Constitution. Embezzlement of State money by a person who was the President of the country and using the same for his personal benefit or living or having properties disproportionate to his known source of income will definitely come within the ambit of moral turpitude. There is absolutely no do..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......edings against them by the judgment and order dated 17-8-99 which is impugned in the instant appeal. 5. The High Court Division quashed the proceedings on the reasonings which are quoted from the judgment as hereunder: "The statement as made in the FIR shows that there ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......iff cannot establish his title to himself, and (as regard Schedule 2(a)). “The evidence on the side of the plaintiff as regards the benami transaction is very meager. On the other hand, we find from Exhibit D that the plaintiff and his brother defendant No. 2 filed Rent Suit 135 of 1959 agains......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
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