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Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ncise statement, for ends of justice we have heard Mr. Abu Kowser Dabirushan, the learned Deputy Attorney‑General who appeared for the State and has submitted that the allegations of serious nature of commission of non‑cognizable offence having been made out against the appellant he ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......3) 115. ......on of the evidence on record, both oral and documentary, on threadbare discussion of the same and upheld the judgment and decree of the trial Court. The High Court Division, inter alia, held that the nature of joint family was not broken, and all the ancestral property of Hari Mohan and Roy Mohan we..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ...... leave petition is dismissed. Ed. ......stablished between the issuing bank and the negotiating bank, it becomes an independent agreement between the two banks, neither the seller nor the buyer has any privity to that agreement. It is by nature a Separate transaction from the sale agreement between the seller and the buyer. Consequentl..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... the instant suit) upon receiving Tk. 1, 500/- executed and registered a kabala on July 28, 1972 in favour of the plaintiff and made, over possession to him. Later on the defendant No.1 by forging signature of the scribe created an Ekrarnama showing the plaintiff as the first party and the defenda..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ...... have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......land proposed to be acquired unspecified as well as indefinite and that the notice was issued without proper application of mind and also in the absence of the materials for being satisfied as to the nature of the acquisition i.e. the proposed acquisition is for the public purpose or for the public ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ...... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......ed order it appears that the Administrative Appellate Tribunal did not enquire into the matter holding that: "Heard Mr Shah. The Secretary/Chairman does not himself deny the signature dated (27-7-00) on the power and the petition for non-prosecution and also there is..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......y Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ...... The Constitution of Bangladesh, 1972 Articles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a tradi..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......out any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......h Court Division after hearing the parties and discussing the oral and documentary evidence adduced by the parties, allowed the appeal reversing the judgment of the Court below. It compared the signatures of the respondent No. 2 in Exts. 1 and 2 and came to the conclusion that they are identic..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......his judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ...... and 8 hotel manager and hotel boy respectively clearly denied the same, showing a discrepancy between the ejahar and the evidence, this is a minor matter and does not make any material change in the nature and character of the circumstances of the offence. The first information report is merely a s..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......ve bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......Sub conjunctional haemorrhage on left eye. P.W. 6 stated that in his opinion death was due to shock and haemorrhage caused by the above mentioned injuries which were ante mortem and homicidal in nature. In cross-examination P.W. 6 stated that sub conjunctional haemorrhage may be caused due to i..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......s petition is not maintainable in the eye of law, though section 491 of the Code of Criminal Procedure comes under the revisional jurisdiction of this Court but it is semi-constitutional in nature and the person not being aggrieved, cannot prefer such application, challenging the detention..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......he sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......of the deceased B, executed a deed of mortgage of certain properties of B in favour of C. In the body of the document A was described as the son of B, though no such description appeared in the signature. A was known to C for a long time, and A had no intention of causing it to be believed that ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......nd let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......ed to have illicit relation with Hazera which was settled by the female inmates and the accused Harish begged pardon and promised not to do such act again. PW 1 proved the ejahar Exhibit 1 and his signature Exhibit 1/1 and stated that the police went to the place of occurrence and held inquest on th..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......tition suffered from laches and delay, the evaluation report, (Annexure-”A-l”), by which ETV was shown to be a disqualified participant in the tender, was a manufactured report, the signatures on Annexure-“A- 1” are superimposed, the allegation changing report is not corr..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......gment in his appeal he ought not have talked with the learned Judge about his case though he had done so innocently and without any ill motive. It is contended that his entire conversation was in the nature of an aggrieved person who considered that justice had been denied to him and it was an emoti..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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. ......ellip;…………………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. C......fore her marriage the appellant ever asserted that she had succeeded to the property as an owner with her brother so as to make it imperative for the latter to seek a declaration as to true nature of her possession." (emphasis supplied) 14. In Abdul Kader Vs. Noor Mohammad, ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
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. ......e is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ...... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Section 96(10)(b) The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11 When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......ivision without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......duty by the appellants the respondents filed review application stating, inter alia, that imposition of excise duty on the strength of the aforesaid SRO without fixing the guideline was oppressive in nature upon them as their machineries could work hardly 250 working days in a year and could produce..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... be enlarged on bail. 4. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General appearing for the respondent, submits that the allegation against the accused appellant is serious in nature and it appears that the charge-sheet was submitted against the accused appellant under sectio..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......g injury to the spinal cord. 22. Death, in his opinion, was due to shock and hemorrhage as a result of the injury found on the dead body of Asaruddin. The injury was ante-mortem and homicidal in nature. 23. In cross-examination he stated that the nature of the injury indicated that the vic..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
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