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Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
.... Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of the notice for auction sale of the properties of the petitioners, published in the Daily Jugantor on 20.07.2005 and all subsequent acti......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Ba......1.02.2009, passed by the High Court Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of the notice for auction sale of the properties of the petitioners, published in the Daily..Category: Civil Law | Date: | Hits: 85
....tioner to broadcast, import programmes of STAR channels and to act as a distributor of foreign channels in Bangladesh or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner is a private limited company incorporated under the Companies Act, ......cation under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import progr......as have been in place from 2001 onwards. At the time that the Petitioner Company (hereinafter referred to as the "Petitioner") embarked upon its operation as a distributor in Bangladesh in 2004 the legal and administrative regime in this area was being governed by the "কেবল টেলিভ..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......ce. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......cquisition and Tenancy Act by the trial Court was in form and not in substance. In such view of the matter, it cannot be said by any stretch of imagination that the learned trial judge committed an illegality in converting the preemption case into one under section 24 of the Non Agricultural Tenan..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....e defendant contested the suit by filing written statement denying all material allegations made in the plaint. Its case, in short, was that the plaintiff knowing full well, being satisfied and after proper survey, participated in the auction bid along with other bidders. The plaintiff being highest......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa......tiff on many occasions approached to defendant to waive second and third instalments with interest for 62,10,217 but with no effect. Finding no other alternative, on 234-1994 the plaintiff served legal notice to defendant to waive second and third instalments with interest and to remove unauthor..Category: Property Law | Date: | Hits: 31
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... initial stage of the suit and, as such, the trial Court found that at the hearing of the suit no such objection was permissible. He lastly submits that the judgment of lower appellate Court is not a proper judgment as contemplated under Order XLI, rule 31 of the Code. 9. Mr. Khurshed Alam Kh......ase is also Reported in: 59 DLR (2007) 112. ......al of the suit, the plaintiffs now cannot get a decree for permanent injunction. 14. The findings arrived at and the decisions made by the lower appellate Court do not suffer from any patent illegality or flagrant violation of law warranting interference by this Court exercising power under s..Category: Property Law | Date: | Hits: 25
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ......State 27 DLR 251; Abul Hossain Master vs. State 44 DLR 159; Iftekhar Hossain Choudhury vs. State 47 DLR 451; Syed Khalilulla Salik vs. Md Rahmat Ullah 49 DLR 16; Abul Kashem vs. State 50 DLR 356, 551 and 515. Lawyers involved: ABM Bayezid, Advocate—For the Appellant. Nikhilesh......osecution case of recovery of arms and ammunition from BR Hall and the finding of the trial Court on the point of exclusive possession and control of the said arms and ammunition by the appellant was legal which cannot be interfered by this Court. Moreover, as he submits, the independent seizure lis..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... 'kha'; that Delwar Sheikh has transferred an area of 11.82 acres of land only out of schedule 'ka' and 'kha' by an unregistered deed of Heba dated 19-61948 and thereafter he died leaving behind no properties; that the land of schedule 'ga' and 'gha' belonged to Maherunnessa, predecessor in intere...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch...... evidence on record correctly passed the judgment and decree; that the learned Courts below did not misread, misinterpret and misconstrue the evidence and that the learned Courts below committed no illegality or material irregularity in passing the impugned judgment warranting any interference by th..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
.... of the child. "Thus, the Court of Chancery gave itself power to protect the child against parents/guardians with immoral and profligate habits. Essentially, the Court took interest in protecting the property of the child. This was taken a step further in 1828, even though no property rights was in .................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S......denied any knowledge as to whether the confession was retracted on 20-1-2000. 15. On the basis of the above evidence as well as upon consideration of the confessional statement and the patently illegal consideration of the statements of witnesses recorded under section 161 of the Code, the lea..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....l contract need not be performed. So, according to him, the plaintiff misconceively instituted the instant suit for Specific Performance of Contract, rather he should go for arbitration which was the proper course of his redress. He adds that merely receiving of the money does not lead to an agreeme...... This Case is also Reported in: 59 DLR (2007) 66. ......onfirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried to secure the "Deed of tripartite agreement/sale deed" but in vain. Finding no other alternative, the plaintiff served a legal notice upon the defendants requesting them to execute and register sale deed but with no effec..Category: Business or Commercial Law | Date: | Hits: 208
.... any report to the University Authority against the petitioners about the alleged allegations of slipping the answer scripts outside the Examination Hall but the disciplinary committee without making proper investigation as well as without giving chance to the petitioners of being heard, most illega......
This Case is also Reported in: 59 DLR (2007) 58.
......নার্স-৩/২০০০/২০০১/২০০৩/১৮১৮ তারিখ ২০/৯/০৩ (Annexure C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner was initially appointed on 26-1-1977 as Bag Checker worker under th......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ...... to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....espondent No. 2 has stated that the alleged loan was converted into a personal loan to this respondent mutually and it was gradually repaid and if there is any dues outstanding that can be settled by proper accounting outside the Court and, as such, the application for liquidation of the company is ...... ......0, 000.00 only. 19. It is admitted that the respondent No. 2 and petitioner made another agreement on 13-11-89 wherein it is provided in clause 3 that the respondent No. 2 shall remain responsible legally to repay the loan. Further, in Clause 4 it is provided that the petitioner will get a guaran..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
.... 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in the suit property according to partition deed No. 160 dated 23-12-1958. It is contended that on the basis o...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ......r, submits that the impugned order dated 20-7-2003 is a non speaking order and the learned trial Court without assigning any reason whatsoever allowed the application in a summary manner which is illegal and beyond the scope of law. The learned Advocate, referring to written statement, additional ..Category: Property Law | Date: | Hits: 42
....o accept the account payee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
......
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To......sed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dhaka in Artha Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to accept the account payee cheque ..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....gestion that the injury certificates of the victims were fictitious, they were not under treatment in the Sherpur hospital, the occurrence did not take place as alleged by the prosecution and without proper investigation he submitted a perfunctory charge-sheet against the accused. He added that he a...... This Case is also Reported in: 59 DLR (2007) 30....... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
.... 3/2 and 3/3 respectively. In cross-examination he stated that he did not mention the age of abrasion but it may have happened at the time of sexual intercourse. He denied the suggestion that without proper examination they submitted report in the Court. 23. PW 12 Ahmed Samim Al Raji, Magistrate,......his Case is also Reported in: 59 DLR (2007) 23. ......erefore he prays for allowing the appeal. 12. Mr. Belayet Hossain, the learned Advocate appearing for appellant in Criminal Appeal No. 3854 of 2003 supports the appeal and submits that there is no legal evidence against the appellant and the victims who were the only witnesses did not implicate t..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....and accordingly, submitted charge-sheet on 19-6-1997. In cross-examination, he admitted that who wrote the first information report he did not detect it. He denied the defence suggestion that without proper investigation he submitted charge-sheet against the accused. 29. PW 16, Dr. MA Latif s......ted in: 59 DLR (2007) 17. ......r. Karim submits that there being no evidence of throwing acid or corrosive substance on the person of victim Beauty (PW 12) by the accused appellant but the learned Judge of the Bishes Adalat most illegally, relying on the perfunctory confessional statement of this appellant, passed the impugned Ju..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....ant Attorney-General finally submits, that in this instant judgment appealed from there is no scope of interference, because the judgment of the trial Court delivered was perfect and was a product of proper adjudication. Therefore, the appeal is required to be dismissed by holding the same as not su..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....rge against the accused Alhaj Abul Kashem is under section 420 of the Penal Code. 24. Section 420 of the Penal Code runs thus: Section 420. Cheating and dishonestly inducing delivery of property.- Whoever cheats and thereby dishonestly induces the person deceived to deliver any propert...... Siddiqur Rahman Miah J.- This revisional application under section 435 read with section 439 of the Code of Criminal Procedure at the instance of Alhaj Abul Kashem is directed against the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No.2, ......hamim Ara Dora, the learned Assistant Attorney-General for the State, submits that the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No. 2, is legal and he rightly dismissed the appeal affirming the judgment and order dated 10-10-1999 passed b..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ndent No. 2. Mr. Md. Sarqum Ali, who is and was at all material times a member of the Board of Directors of the company. The sale of the said shares was as aforesaid through a duly signed and stamped proper instrument of transfer executed by both the transferor and the transferee as required under t...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh......d a 3 members committee with the following terms of reference: 1. To ascertain the extent of liability of Mr. Sarqum Ali with Mr. Giasuddin Ahmed in respect of these shares. 2. To determine the legality of the instrument submitted by Mr. Giasuddin Ahmed for transfer of shares in his favour. ..Category: Company Law | Date: | Hits: 181
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