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Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....r 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot ......0 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot and......ounsel, specially the fact that the Secretary, Ministry of Home Affairs who appeared before this Court, told us that the moment his attention was drawn to the circular dated 17‑2‑1993 without any loss of time he caused the immediate withdrawal of the circular and assured the Court that there wou..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... ABM Waliur Rahman Khan, Assistant Attorney General ‑ For the Respondent ‑ State. Criminal Appeal No. 35 of 1998. Judgment Md. Hassan Ameen J. - This criminal appeal, at the instance of sole accused-appellant Hossain Shially (Fakir), is directed against the judgment and order, dated 14...... will while the other accused helped him in the matter. She claimed that she could recognise the accused-appellant and others in the light of 'kupi‑bati' as well as moonlight. She claimed that they called salish, but her husband filed the present case, as the salish men failed to settle up the mat...... 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: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....(1969) 2 AC 147; Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295; Ong Ah Chuan Vs. Public Prosecutor, (1981) AC 648; Wood Vs. Wood, (1874) LR 9 Ex. 190; 1985 Crl. L.J 359 (Bom); Marbury Vs. Madison, 2 L.Ed. 60. Lawyers Involved: Akhtar Imam with Syed Mamun Mahbub, Advocates-For Petit......1961-62 at the present market value of the property in question. Moreover at the time of moving the writ petition the legality or propriety of the requisition and acquisition of the case land was not called in question by the petitioner rather the grievance of the petitioner in her writ petitio......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....attar Talukder, Rafique Khalifa alias Rafique Faraji and Kabir Sarder under sections 302/34 and under sections 326/34 of the Penal Code. The learned Additional Sessions Judge sentenced the accused persons convicted under sections 302/34 to imprisonment for life and to pay a fine of Taka 5,000 each, ......evidence of the witnesses relied upon by the High Court Division having not been pointed out making the evidence of the witnesses unworthy of consideration, we are of the view that no interference is called for by this Division in respect to the judgment and order of the High Court Division. &n......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....o the suit filed an application before the High Court Division praying for adding them to be defendants in Title Suit No. 27 of 1976 and opposite parties in Civil Revision claiming that their predecessor-in-interest Hazera Khatun entered into an agreement for sale with said Jahanara Begum on 11.11.1......t case particularly when the added respondents claimed that the plaintiff-appellants entered into a contract with them for selling the suit property after the suit was decreed on 5.1.85 as the so-called contact has nothing to do with the subject matter of the present suit. It is submitted that w...... while allowing an application of the respondent nos. 1-6 filed in the High Court Division for transposing them as the petitioners in the Civil Revision alleging that they will suffer irreparable loss and injury, if the rule was discharged for non-prosecution. The High Court Division after hea..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....erred by the appellant against the judgment and order dated 5‑1-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 9916 of 2002 making the Rule absolute and enlarging the respondents on bail. 2. The prosecution case, in short, is tha......selves with the business of deceased Mr. Alam and they were enjoying with all financial facilities of the business institutions of deceased Mr. Alam. When this fact was disclosed to deceased Alam, he called his 3(three) sons and handed over all responsibilities of his business institutions to them, ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
.... of the Act it is patently clear that the intention of the legislature was that pre‑emption should be available to the entire body of the co‑sharer‑tenants and in certain cases also to the tenants holding lands contiguous to the lands transferred. 6. Section 96(4) ......ceipt of the notice of the pre-emption proceeding the petitioner, a co‑sharer tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that t......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
.... Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances t......reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....ate, Dhaka, after setting aside the conviction and sentence passed by that Court which was upheld by the Additional Sessions Judge, Court No. 1, Dhaka, maintaining the conviction and sentence of imprisonment for 1 year and reducing the sentence of fine from Taka 1,80,00,000 to 90,00,000. ......learned Counsel, submits that the convict respondents were prejudiced, as they were not given an opportunity to place their case before the court. In fact, the trial held by the court below cannot be called a trial at all. 10. He further submits that under section 138(i) (c) of the Negoti...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....esaid judgment dismissed the appeal of the present appellant upon modification of sentence of 3 years to one year and the fine of Tk. 52,000/- to Tk. 39,000/-, in default to suffer rigorous imprisonment for 3 months and acquitted two (2) other appellants. The appellant was convicted under secti......ster roll was also submitted to the project Implementation Officer which was deliberately withheld by the prosecution. 11. The learned Counsel for the appellant submitted that appellant was called upon to answer the charge of misappropriation of 31 metric tons of wheat out of total 69 metr...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....etitioner Vs. Sarder Anwar Hossain and others…………………....Opposite Parties Judgment March 24, 2003. Result: Rule is made absolute. Cases Referred to- AFM Shaha Alam Vs. Mozibul Hoque, 41 DLR (AD) 68; Md. Rafiqul A......1 the Deputy Commissioner in taking the decision to change the place of polling stations, as such, the Courts below rightly passed the order of temporary injunction and, therefore, no interference is called for by this Court. 9. From the plaint it appears that the plaintiff prayed for a decree ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....ents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its shares is not absolute or uncontrolled and mus......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......ge Commission ("SEC") on 7‑1‑1994 and 22‑1‑1994, praying for appropriate directions to the Company, so as to preserve investors' confidence and prevent irreparable loss and injury to the appellant. The SEC, in turn, wrote to the Company but to no avail. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....atan Daman Special Court, Rajshahi convicting the petitioner and 4 others under section 6(3) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing each of them to imprisonment for life. 2. Earliest version of the prosecution was that Altafunnesa (PW 1), v......he early hours (at about 1.30 hours) of the night of February 26, 1997 she sensed that someone touched her body and thereupon while woke up she was threatened to keep quiet and at one stage while she called her husband one of the accused persons pressed her mouth by cloth and that amongst the accuse......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....oned. This petition for leave to appeal is against the judgment and order dated March 4, 2001 passed by a Division Bench of the High Court Division in Writ Petition No. 5021 of 1999 making the Rule absolute directing the respondents therein to restore vacant possession of the property at 5 Bagmara R......ed occupation till the date of restoration of possession thereof .......................” 5. Mr. Saleem Ullah, learned Counsel, has entered into caveat for the respondent. We called upon him to make his submission as regard the legality of the part of the judgment taking exc......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....er jointly purchase the shares of the present respondents in the petitioner company. Alternatively, the shares of the respondents of the company matter be purchased by the present respondents or be sold in the open market at the price fixed by the court and the company matter; respondent No. 7, I......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ...... friends of Mr. Mohammadullah own 9,200 shares i.e. 76.67%, while the family of Mr. Ashraf Ahmed were allotted 2,800 shares being 23.33%. 4. The company was shown to have in balancing loss. The company was insolvent throughout its life. The respondent therefore, questions as to why ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....rietor of Ms H Dey Jewellers, a jewellery shop situated in Khulna, died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5(five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only survivor...... Bank for safe custody, she had the option to go and collect it at any time she liked. The Bank was merely a custodian of the same. In ordinary parlance debt means a certain sum due from one person called the debtor to another called the creditor. In Stroud's Judicial Dictionary a 'debt' is defin......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....udgment
KM Hasan J.- This appeal by special leave arises against the judgment and order dated 9‑11‑2000 of the High Court Division passed in writ petition No. 5233 of 2000 making the rule absolute.
2. The facts, in short, are that the respondent, North Point University, filed an appli......se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......), forbidding any sponsor to get any student admitted or to run any University without any "Sanad" from the Government and thus the North Point University itself is liable for any injury sustained or loss incurred by it on its way to run the University prior to receiving any permission or "Sanad" fr..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....entitled to discharge duties of the office and that although in the order of suspension it has been mentioned that 10 commissioners out of 12, commissioners of the Pourashava are said to have taken resolution for his removal but, in fact, the same was taken by 5 commissioners since 5 other commissio......s taken by 5 commissioners since 5 other commissioners have affirmed affidavit denying the truth of the resolution said to have been taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ming the judgment and order dated January 11, 1998 of the Administrative Tribunal (AT), Dhaka in Case No. 93 of 1996. The Administrative Tribunal by the aforesaid judgment and order considering compulsory retirement from the service has altered the said punishment to stoppage of 3 annual increments ...... vary or modify an order, including an order of punishment/sentence which is impugned before it. But whether such variation or modification is justified or not in a given case or whether it is at all called for is altogether a different matter and may be debated in the facts of each case". So, ......ainst the respondent, that while the Enquiry Officer found the respondent negligent in the discharge of his duties and that because of the negligent act of the respondent the State suffered financial loss, in such a situation there was no room for taking any lenient view in awarding punishment and m..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....sion of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is ...... guilty of such an offence. 7. In the case of Khalid Saigal vs State reported in 14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly ......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. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
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