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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.......ch offence as contemplated under section 9(Ka) and 9(Ga) and, as such, the defect appears to be substantial and it can be cured under section 237 of the Code of Criminal Procedure. Because, the basic principle of criminal justice is to ensure that the persons proceeded against must be given particul......irjatan Doman Bishesh Adalat, Jhalakathi in case No. 35 of 1999 convicting appellant No. 1 Md. Alam under sections 9 (Kha) and 9(Ga) of the said Act and sentencing him to suffer rigorous imprisonment for 9 (nine) years and also to pay a fine of Taka 5000 (five thousand), in default, to suffer rigoro......ord ‘Nari’ is defined under section 2(Gha) as a women of any age. Since, there is no exception in the matter of constituting offence under section 9(Kha) of the Act by any age group of the women, determination of age has become redundant in the present case. However, it is evident that the age o..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......istence of the following elements are necessary in order to make out the presumption of permanency of tenancy. (1) The origin of a tenancy for residential purpose must be unknown and the principle of a lost grant is invoked by tenant. (2) Existence of a permanent pucca building o......s by special leave are directed against the judgement and order of the High Court Division in Civil Revision Nos. 2407 and 7793 of 1991 dated 15‑1‑1995 making the making the Rules absolute in the former and discharging the Rules the latter. 2. These appeals arose out of two ti......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......vely dated 24‑3‑1975 and 26‑6‑1975 are not valid for the reasons that the joint property had not been partitioned by metes and bounds amongst the co sharers and thereby laid down an erroneous principle that unpartitioned property cannot be gifted by registered instrument. 11. The......in Civil Revision No. 323 of 1994). Judgment Syed JR Mudassir Husain J.- This appeal has arisen out of leave granting order dated 7th June, 1998 passed in Civil Petition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
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. ......ioned in the report subject to fulfilment of which the proposals of eight participants could be considered, how this report was considered by the Ministry and ETV was found most responsive? The basic principle of any tender is that if any subsequent changes are made regarding terms and conditions ea......1. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud respondent No. 7 (Annexure-"F") and the ......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. ......n dismissing the appeal preferred therefrom by the sister to the Federal Court of Pakistan, Mr. Muhammad Munir, CJ writing the opinion on behalf of the Court was of the view that, “Now the principle of law is that possession is not to be considered adverse if its origin can be referr......……………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. Cases Referred to- ......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. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
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. ......ot have any bearing on the question of title and possession of the case land in question. 4. The High Court Division made the Rule absolute on the ground that both on merit as well as on principle of estoppel and waiver the petitioners should not have cancelled the plan sanctioned by th......cord‑ For the petitioners. Rafique‑ul‑Huq, Senior Advocate, instructed by, Mvi. Md Wahidullah, Advocate‑on‑Record‑For the Respondents. Civil Petition for Leave to Appeal No. 301 of 1999. (From the judgment and order dated 22‑91998 p......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. ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 993 of 1999. (From the judgment of the High Court Divis......at the execution proceeding was barred by limitation and that possession of the suit property had been restored to them. The High Court Division was of the view that the central point that called for determination was whether the execution proceeding was barred by limitation for not having been proc..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....nd in holding the impugned Notification has been issued without any lawful authority inasmuch as SRO dated 18‑6‑87 was duly substituted by SRO No. 192/L/88/189 Excise dated 1‑7‑88 laying down guiding principle under Rules 3(l) and 3(2) in the said Notification High Court Division erred in la......impugned notification to have been issued without any lawful authority. Leave was granted by this Court to consider the submission made by the learned Additional Attorney‑General that the guideline principles having been laid down in sub‑rule‑(1) and (2) of Rule 3 published in the Notification.....................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves i......,000 bottles in a year although the demand of the commodity was a little more than 2 million bottles a year. The writ petitioner respondents further stated that no guiding principle was laid down for determination of such production capacity and in the subsequent Notification, SRO No.192 dated 1‑7..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
...... 12-9-1981 is annexed as annexure C to the writ petition. The petitioner No. 1 made an oral gift of the property in question in favour of petitioner No. 2 his wife on 26-3-1993 in accordance with the principle of Mohammedan Law and handed over actual physical possession of the property in question t......tle permanently at his own district town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the p...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
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. ......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. ......etrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. Th......ed in convicting and sentencing the accused appellant on the basis of the most cogent and reliable evidence and, as such, the impugned judgment calls for no interference by this Court. Point for determination 8. The only point for determination in the appeal is whether the learned Addition..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” 34. It is a fundamental principle of criminal trial that the accused is presumed to be innocent and therefore the burden lie......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow......e. We are not impressed by this argument. The number of blows struck might perhaps, reflect his revengeful mood or displeasure incurred by the victims for some reasons and it was possibly done in his determination to see that the victims had no escape. Moreover, one does not count his strokes when h..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
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. ......accused petitioners before them (herein the respondent Nos. 1 and 2) committed an offence of abetment under section 109 of the Penal Code for the alleged promise. 8. It is a well-settled principle that a person who abets the actual perpetration of the crime at the very time when it is c......1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………&hellip......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
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......r by registered post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of natural justice….(4) Lawyers Involved: Md. Moksudur ......ocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 337 of 1997 (From judgment dated 30th January, 1997 in Appeal No. 96......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ...... the students. It does not appear that the superintendents/principal of the Madrashas ever denied that they did not forward the said application forms for registration to Madrasha Board. 44. The principle of audi alteram partem i.e. no one can be condemned unheard, is an established principle o......and others…………………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......ereon appertaining to Plot No. 65 although it is not so decreed. The execution case is, therefore, liable to be dismissed for the reasons stated above. 9. It is a cardinal principle of law that a Court executing a decree cannot go behind tile decree between the parties or...... The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property. The ex......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......ection 439 of the Code of Criminal Procedure was competent and application laid under section 498 of the Code of Criminal Procedure might be dismissed on question of maintainability. 10. Law and principles regulating cancellation of bail may be looked into. Under sub‑section (5) of 497 of the......m by his order dated 2‑5‑2000. 2. Md. Golam Rabbani, Chairman of Shuvadanga Union Parishad, Rajshahi was murdered on 16‑1‑2000. Following murder law was set in motion on laying a First Information Report by Md. Golam Rahman, brother of deceased Md. Golam Rabbani as informant which led t......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... is to facilitate decisions on questions in which a larger body of persons are interested without recourse to the ordinary procedure where each individual has to maintain action by separate suit. The principle is to prevent a defendant from, being vexed or molested by other suits of similar nature. ......cial status the defendants can realise the actual cost of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that pla......o judicial scrutiny. Such reports containing opinions of some public servants cannot give to plaintiffs any vested right in respect of the suit property and accordingly, these cannot be the basis for determination of the assumed rights on the plaintiff in judicial proceeding. 17. In this case w..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......erence is at all called for. Mr. Chowdhury next submits that the plaintiff on one hand, claimed possession of the suit plot and, on the other hand, resisted local inspection and so he, in view of the principle laid down in the case of Nur Banu Vs. Noor Mohammad reported in 35 DLR (AD) 182, cannot be......gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......llants would be guilty of murder and the other for abetment thereof and also being in possession of or going armed with arms punishable under section 19A of the Arms Act. It was further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil ......ected against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhaka, in Nari-O-Shishu Nirjatan Case No.43/99 rejecting the prayer of the appellants for discharging them and framing charge against them along with other accused persons under section ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......ld not be given upon the respondents as to why Ayesha Akhter (previously named as Dipali Pal Chowdhury) now detained in the Dhaka Central Jail under the guise of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previous......ereafter, on an application by the respondent No.5, the Investigation Officer, she was sent to jail custody (Annexure-E). The victim girl refused to be examined by a male doctor which was ordered for determination of her age and question of rape. She claims that she is a consenting married woman so ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
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