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Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......esh and Others in Writ Petition No.294 of 2001 and a Division Bench of this Court, in a similar situation, directed the BTTB to enquire into the correctness of the bills and to issue fresh bills. The principle expressed in the case referred to above applies in the facts and circumstances of the inst......ommon judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills and disconnection of their telephones, praying for a direction for restoration of connection of their telephones. 3. In Writ Petition No.3230 ......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
....shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......ned. Their evidence is also evidence within the meaning of section 3 of the Evidence Act. So, the unimpeachable evidence of the personnel can very well form the basis of conviction which is a settled principle of law. (Underlined by us) Regarding second submissions of the learned Counsels that the p......cial Tribunal No.1 Chuadanga in Special Tribunal Case No.72 of 1999 convicting both the appellants under section 19(f) and 19A of the Arms Act 1878 and sentencing them to suffer rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that P.W.1 ASI Md. Mosharraf Hossain on 8â€......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Advocate Abu Zafor Siddique (Md.) Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ......) 602. ......date of receipt of this Judgment to be effective from 9‑12-2003. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 602. ..Category: Constitutional Law | Date: 2 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... Judgment March 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was ma......frame issue as regard the limitation is not fatal in disposing of the application for revision of award since "the procedure laid down in the provision of the Code of Civil Procedure regarding formal determination separately is not enjoined as compulsory in a arbitration proceeding. We have already ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... Teza Singh, AIR 1954 SC 196 which proceed on the basis that the law of contempt of Court as understood by the Courts in this country is a valid law"
We are in respectful agreement with the principle of law in India in connection with the interpretation of Article 215 and Article 19 of the......Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সনŕ¦......, is arraigning the King's justice; it is an impeachment of his wisdom and goodness in the choice of his Judges, and excites in the minds of the people a general dissatisfaction with all judicial determinations, and indisposes their minds to obey them; and whenever men's allegiance to the la..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......d together it is to be found that no licence is required to keep a knife or whip recovered from the appellants and as such none of the appellants can be convicted under the Arms Act and following the principle laid down in 17 BLD case the accused were acquitted. 6. Admittedly one dagger (Chora) w......Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of 1998 by which the present petitioners were convicted under section 19A of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years. 2. On the basis of First Information Report lodged on 1.9.97 accusation was made ag......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......ions in the cases of Mahbubur Rahman Vs Divisional Election Tribunal and others in 6 BLC (AD) 45 and Mahmudul Haque (Md) vs. Md. Hedayethullah and others in 48 DLR (AD) 128 reiterate the aforesaid principle of law. Though Mr.T.H. Khan tried to make out a case that the order passed by the Returni......in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......bout 8‑00 AM and took away the paddy causing injuries to Shamsad and others has no value in the eye of law unless the allegations are not proved by creditable and reliable evidence. The established principle of law is that the prosecution has to prove the case against the accused persons beyond re......ase No.71 of 1983 convicting the accused-petitioner No.1 Mohiruddin Mondal alias Md. Mohiruddin Mondal under section 323 of the Penal Code and sentencing him there under to suffer simple imprisonment for one year and to pay a fine of Taka 1000 (one thousand) in default to suffer simple imprisonment ...... the judgment and order dated 28‑3‑2002 passed by the learned Sessions Judge, Sirajgonj in Criminal Appeal No.10 of 2002 preferred this Criminal Revision before this Court. 10. The point for determination is, whether the learned Sessions Judge, Sirajgonj is justified in passing the impugned..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ...... the employment of the respondents to cause harm to their career." 7. Mr. Md. Khalilur Rahman strenuously argued to find fault with the impugned judgment of the High Court Division relying on the principle enunciated in the case of Secretary, EPIDC vs M Serajul Hoque reported in 25 DLR (SC) 80 a......dated 15-3-2000’…………………... (9) Judgement of the High Court Division declaring that the order of termination of respondent is aimed at causing harm to their career, do not call for interference. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Mvi. Md Wahi......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......t. Uma Uma (1) shows that 9.47 acres
out of 20.18 acres of the suit land was never deÂclared vested property or
enlisted as vested property or was ever leased out to any one else. The
established principle of law that the plaintiff is to prove his own case and
can not get any relief on the weak......Âtle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defenÂdant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by .......
13. The decisions cited by the learned
Advocate for the petitioner have no manner of application in the facts of the
case before us. In 27 DLR 413 a Single Bench of this diviÂsion held "In
determination of questions of facts the parties should not be allowed in lead
evidence without prop..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......ision regarding operation of the accounts of the company maintained with the Al-Arafa Bank by the appellant Nos. 2 and 3 was also taken (Annexures 12 and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower b......irecting the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under secti...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ......f the suit land from the date of execution of the Bainapatra and that by adducing sufficient evidence the defendants proved notice of the plaintiff about the prior unregistered sale and, as such, the principles relied upon in the unreported case of Sudhir Chandra Shuklabadhya and others Vs. Amulya S...... and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1......ng to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......lly a defaulter, the receipt of salami of Taka 3,00,000 on the basis of established practice in the commercial world between the parties could be taken notice of by the Court, in order to operate the principle of promissory estoppel debarring the landlord to evict the petitioner from the tenanted pr......nant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......ase referred to above, the decree was under challenge but here the decrees passed in the two suits, namely, Title Suit No.84 of 1988 and Title Suit No.5 of 1993 were not under challenge even then the principle enunciated in the case referred to above applies in the facts and circumstances of the ins......ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......n meted out to the petitioner by issuing the impugned order. He submits that the petitioner was neither given any prior show cause notice for any opportunity to be heard, which is in violation of the principle of natural justice. Mr. Rahman also submits that the future employment prospect of the pet......der or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appeared in the BCS examination and was selected for appointment in the Police Service, as evidenced by Annexure ‘F’ to the supplementary......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......e validity of the Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier op......re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......s not to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid down emphasis on the principle that the High Courts power to revise an order suo motu is not restricted by any time limit......ion Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....between the same parties and had passed any decree or order regulating possession of the parties prior to the initiation of the proceeding under section 145 CrPC. There is hardly any dispute that the guiding principle on the legal question involved in this case had already been decided by the Apex C......the same parties and had passed any decree or order regulating possession of the parties prior to the initiation of the proceeding under section 145 CrPC. There is hardly any dispute that the guiding principle on the legal question involved in this case had already been decided by the Apex Court in ......levant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain......session of the parties in the absence of decision of the civil Court and, if necessary, keep the disputed property under attachment and then ask the parties to take shelter before the civil Court for determination of title and possession. But when the parties already took shelter in the civil Court ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......utor and on the consent of the Court the withdrawal is made and the consent of the Court is a judicial function and Court must exercise its function judicially". 10. On consideration of the principle decided in the aforesaid cases the trial Court has come to a finding that: “ম......d Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. Kazi Bazlur Rashid and Md. Rezaul Karim- For the Informant-Opposite Party. Sheikh Rezaul Karim, Assistant Attorney-General- For the State. Cr......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......e Code declares "every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation". This is in accordance with the general principle of construction of statutes that a term which occurs more than once in the same Act, must ...... Rule of Criminal Miscellaneous Case No.8505 of 2002 at the instance of AHS Rahman and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
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