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Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......nced the petitioner as aforesaid. Against the aforesaid order of conviction and sentence the petitioner did not prefer any appeal before the High Court Division within 30 (thirty) days, the statutory period of limitation. However, after the expiry of thirty days the petitioner invoked the jurisdicti..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ...... Rule is discharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Learned Joint District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Repor..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......iscipline and Appeal) Rules 1985 have been complied with and the Administrative Appellate Tribunal wrongly held otherwise. The learned Advocate‑on‑Record lastly, submitted that during the period of service of the respondent good amount was misappropriated out of the passbook and savings ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......f the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a family partnership firm of which his father Abdul Majid and his two brothers were partners, for a period of 99 years; the partners of the above firm constructed three‑storied building on the said ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... Md. Bazlur Rahman (P.W.8), Magistrate, First class under section 164 of the Code of Criminal Procedure. The confession made on 15-4‑1999 was, thereafter, retracted by her on 30‑4‑1999, after a period of fifteen (15) days. 5. Prosecution case programmed in First Information Report and unf..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ...... has been living there by constructing dwelling houses and one Mulsem Hossain. Shah Fakir used to collect rent from the defendant by giving receipt on behalf of Lalon Shah Dargha Committee during the period 1352‑1362 BS Umed Mollik transferred his share to one Munshi Md. Chand Ali by a registe..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......sale deed under pre-emption proceeding was accompanied with an agreement of re-conveyance and the land was under a mortgage by Vendor petitioner in favour of Pre-emptee second opposite party for a period of five years and the whole transfer was within for re-conveyance was reduced in writing. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ......bunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Taka 1000/on both counts, in default to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case,..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......efendant No. 6 and there was no material on record in support of the contrary position that land similar to the land in question at similar location in Mirpur or anywhere near and during the material period was sold at a price as low as the price at which the land was sold to the defendant No. 6, th..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ...... sales are in big volumes likely to be those of big holders of shares. Major buyers also seem to be selective, which leave scope for influencing market. Their trading in other major issues during the period under review was as follows: Name of the Company Total Sales as Per ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......trading its products all over the country and also abroad and after having obtained the registration of the mark on 11.8.76 it was renewed for 15 years on 11.8.83 and thereafter renewed for a further period of 15 years from 11.8.98. It is further contended that the superior quality of Aziz Biri manu..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......assed in a case initiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions as in Article 157 of the Limitation Act providing period of 6 months for filing an appeal by the Government against the order of acquittal, the appli..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......ting the Court of Settlement to try the case and give a decision in accordance with law and also directing the petitioner to restore the possession of the property to the respondent No. 1 within a period of 3 months from the date of receipt of the impugned order. 2. Respondent No. 1 ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......in 3 years from the date of commencement of the lease and failing which the lease agreement as per clause 23 was liable to be cancelled and as the respondents did not make any construction within the period of 9 years from the date of commencement of the lease they were served with show cause notice..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....wer court came to a specific finding that time was not essence of the contract, on the other hand, the High Court Division came to a finding that the plaintiff failed to pay the balance amount within stipulated time and as such the defendant was entitled to rescind the contract. We have carefully pe......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......had the jurisdiction by recording its satisfaction, according as the circumstances demanded for ends of justice, to direct further investigation limiting completion of such further investigation to a period of 30 days. When the petitioner submitted the narajee petition, though it was not a requireme..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....hall deliver possession as well as the income of the property to the winning party in the Civil Court. If the first party appellant Nos. 1 and 2 fails to file a suit as per above direction within the stipulated period of one year the proceeding under section 145 of the Code of Criminal Procedure sha......r possession as well as the income of the property to the winning party in the Civil Court. If the first party appellant Nos. 1 and 2 fails to file a suit as per above direction within the stipulated period of one year the proceeding under section 145 of the Code of Criminal Procedure shall stand dr..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... by Trial Judge on limitation. Learned Judge found that Plaintiff had been aware of preparation of wrong record in respect of suit property and being aware of the wrong record did not lay suit within stipulated time and there was no cause of action of suit and suit stood barred by limitation. Findin......cquire requisitioned property for Board and on and from beginning of the day on which the notice was so published, requisitioned property would vest absolutely to Board free from all encumbrances and period of such requisition of such property would come to an end 36. From above it has become cry..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......vision for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) of Act II of 1947. As the prosecution failed to produce any witness within the specified period of time the criminal proceeding was stopped under section 339(C) (4) of the Code of Criminal ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128