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Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......be affected by the proposed action which meets the requirement that justice must also be seen to be done. Procedural safeguards have their historical origins in the notion that conditions of personal freedom can be preserved only when there is some institutional check on the arbitrary action on the ......Petition No. 729 of 1998. Judgment Md Abdul Quddus J. - Rule was issued und Article 102 of the Constitution calling upon respondents to show cause as to why eviction of the petitioners from the Balur Math Basti in section 12, Block-E, Mirpur without complying with the provisions of Ac......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......ty to shift him on 22-11-2000 to the National Institute of Cardio Vascular Diseases (hereinafter referred to as NICVD) and he is in need of constant attendance, special care and better treatment in a free atmosphere and, as such, is entitled to bail under the proviso to section 497(1) of the Code. H...... 3. In support of the application Khondker Mahbubuddin Ahmed, the learned Advocate for the accused-petitioner submits that the petitioner being an old man of over 64 years he has been suffering from serious illness which compelled the jail authority to shift him on 22-11-2000 to the National I......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
.... of anti-prostitution Programme propaganda and damaged and dismantled the brothels. As a result, prostitutes came out from the brothels and took shelter in the road as Vagrants. Overall situation and environment deteriorated and polluted. So the law enforcing agency had no other alternative but to p......eturn to their relatives. A visit to the vagrant home would reveal that the respondents have physically abused them in private parts of their bodies in the name of rehabilitation and are letting them free to go with their so-called family members without any verification as to their identity. The pr......etition No. 2871 of 1999.
Judgment
Md Faziul Karim J. - This Rule was issued calling upon the respondents to show cause as to why the lifting of the sex-workers in the early hours of 23-7-1999 from their residence at Tanbazar and Nimtali, Narayanganj by the District Administration with the he......
Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services.
Ed.
This Case is also Reported in: 53 DLR (2001) 1.
..
Category: Constitutional Law | Date: | Hits: 264
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......ssed the evidence and interfered with the concurrent findings of fact. 12. The exercise of revisional jurisdiction is confined to question of jurisdiction. While in a first appeal the Court is free to decide all questions of law and fact which arise in the suit; in exercise of its revisiona......d June, 2001 passed by the High Court Division in Civil Revision No.2516 of 1996 with Civil Rule No.350(R) of 1996) Judgment SK Sinha J.- This appeal by leave granted by this Court from the judgment and order dated 31st May, 2001 and 3rd June 2001 of the High Court Division in Civ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......pellate Division modified the drafts and made those drafts as part of its order. It is expected that with the separation of Judiciary from Executive, the Magistrate and the Courts may exercise powers free from any Executive pressure.
39. We are conscious that some of our recommendations cannot be......ormation, source of information must be disclosed by the Police officer and also the reason why he believed the information.
In case of arresting of a person by the police on receiving information from a known ‘source’ of the police, even in that case also, the police officer, before arrestin......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......it property measuring 35 decimals of land was recorded in the name of the Deity Sree Sree Gopal Jew Bigraha as a rent receiver and one Hari Priya Baisnabi as its Shebait, possessed the same as rent free tenant and .35 acres of land in plot Nos.151 and 153 under C.S. Khatian No.458 was recorded in ......aintiff-respondents preferred appeal which was disallowed on 04.04.1993; that the plaintiff-respondents in collusion with some local notorious persons forcibly dispossessed the defendant-appellants from 5'X6' yards of land of the suit property and that they installed a Deity there but in fact in t......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..Category: Property Law | Date: | Hits: 29
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......antee for loan given by the respondent No.4 Bank to the respondent No.7 company and mere removal of the petitioner from the Board of Director of the respondent No.7 company cannot make the petitioner free from the liabilities as a personal guarantor of the loan given by respondent No.4 and due t......ut of the total of 16,000 sharers which is 15.63% of the total shares. On 21.06.1998 the petitioner was appointed as director of the said company. Respondent No.7 Company enjoyed Working Capital loan from the respondent Nos.2 and 4 Bank. These loans are effective for a year and renewable. The petiti...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
....sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... Division and other papers on record.
8. It appears that the respondent bank already became the owner of all the mortgaged property mentioned in the writ petition after getting a certificate from the Court under Section 33(7) of the Artha Rin Adalat Ain, 2003 and the price assessed was at T......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......se of those fisheries which are above 20 acres. 4. The fishery named "Joaria Beel Kobadiar Khal" Jolmohal situated within Police Station Tarail, District-Kishoregonj is a closed fishery became free for lease with effect from 1415 B.S. and accordingly the petitioner filed an application for le......2003-448 dated 23.11.2008 issued under the signature of the respondent No.2 directing the Deputy Commissioner, Kishoregonj to lease out "Joaria Beel Kobadiar Khal" fishery by open tender as evident from Annexure-"I" to the writ petition and for a direction upon the respondent No. 1 to grant lease ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132.......Act, 1994, in short the company, carries on business, inter alia, of manufacturing and marketing of beverage products having established a modern factory in Gazipur and after taking necessary license from the relevant authority of the Government produced, "malt beverage" and the company markets its ......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modification.
Ed.
This Case is also Reported in: VII (ADC) (2010) 132...
Category: Others | Date: | Hits: 144
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
...... eye, can amount to no more than this, that where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted."
47. Karl Lowenstein in his book "Political Power and The Govern...... These two appeal Nos.111 and 112 of 2008 at the instance of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by ......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
..
Category: Constitutional Law | Date: | Hits: 207
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......, undervalued, and also barred by limitation and that for various reason the plaintiff No. 2 and her husband Dr. Bazlul Haque was antagonistic to Dr. Sadeq Ali and so Dr. Sadeq Ali, out of his own free will and consent, on 22.12.1976 executed a deed of heba-bil-ewaz deed at Bogra in favour of t......clinic named "Nahar Clinic" and plaintiff No.2 started medical practice in that clinic and Dr. Sadeq Ali by registered deed of heba-bil-ewaz, gifted balance. 25 decimals of land from Ka schedule land in favour of plaintiff Nos. 1, 4 and the defendant Nos. 5; the plaintif......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ..Category: Property Law | Date: | Hits: 87
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......ed to acquire the requisitioned property for the Board. On and from the beginning of the day on which the notice is so published, the requisitioned property shall vest absolutely in the Board free from all encumbrances and the period of such requisition of such property shall end." ......tion was acquired in L.A. Case No. 10 of 1963-64 as per the provisions of Section 93A of the Town Improvement Act, 1953. The Government by the said gazette notification withdrew 14.68 acres of land from acquisition exercising the power conferred under Section 8B of the Emergency Acquisition of P......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......ement dated 5.1.1977 executed by the defendant, that plaintiff failed to prove that the second agreement for sale dated 23.1.1978 was executed by the defendant in favour of the plaintiff out of her free will to sell the property in suit, that as the plaintiff failed to pay the balance of the...... the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintiff upon removing all the obstacles therefrom within the period of 30 days. The trial Court gave the option to the plaintiff, in case o...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......APPEALS” but the language used in both the sections is almost identical. The expressions “as he thinks fit” used in both the sections postulates that the third Judge is completely free in resolving the difference as he thinks fit and accordingly if he decides that there is no ne......by the informant, P.W.1, in his deposition is that he was the Personal Assistant of the then President of Bangladesh Sheikh Mujibur Rahman, hereinafter referred to as the President, and was on duty from 8 P.M. on 14th August, 1975 at the residence of the President at Road No.32, Dhanmondi. He sp......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... opinions before the third learned Judge of the same Court means appeal has to come to a finality in the High Court Division unless two judges gave their consent and that the third learned Judge is free for the expression “such hearing (if any) as he thinks fit” refers to the situati...... the criminals were protected, sheltered, rewarded and maintained under State patriotism by the then Governments up to 1996. 343. The learned Counsels for the respondents drew our attention from evidence and materials on record that the convicts from time to time met and discussed about ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......e Court of India held that Section 429 of the Cr.P.C. contemplates that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 480. In the case of Hethubha–Vs- ......f Sajjan Singh–Vs-State of MP reported in (1999) 1 SCC 315 observed as follows: “It is the third Judge whose opinion matters; against the judgment that follows therefrom that an appeal lies to this Court by way of special leave petition under Article 136 of the C......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......e represented by the Sub-Divisional Officer, Sadar, Chittagong and the superior landlord was Government of India (ভারত সম্রাট) and the land of the Ext.1, the R.S. khatian was rent free, that although defendants claimed that the land in suit belonged to C.S. recorded tenants Elahi......cribed in the schedule attached to the plaint is not the same and the land of the deed of gift is the land other than the land in suit, that there is no averments in the plaint nor it has been proved from which portion of the land in suit plaintiff has been dispossessed, that at the time of P.S. s......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....re are: (1) men who have been weaned from hostility to Truth, who would probably be persecuted by their former associates, and require assistance until they establish new connections in their new environment: (2) those in bondage, literally and figuratively: captives of war must be redeemed: s...... upon him). 2. He must be an adult person, not being a minor, (In case of a minor if he has wealth up to 'Nisab' his guardian would pay the Zakat.) 3. He must be a freeman not being a slave, 4. He must be a person of sound mind not being a lunatic. (......shy;ted that this Division disposed of the Civil Petitions for Leave to Appeal on theological point of view and that the provision of section 29(1) (XXVII) of the Ordinance was not considered from the point of the concept that the business by corporate body, to which artificial persona......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......date of non-appointment. 21. The word ‘Citizen’ has been derived from the Latin word ‘civis’ is no longer understood in the narrower sense of earlier times as an inhabitant of a city or a freeman having a family or a representative of a city in Parliament. In the case of Bangladesh Vs. P......practice in the High Court Division. But after his appointment under Article 95 of the Constitution and taking oath as such if he resigns or otherwise ceases to hold office as a judge, he is debarred from practicing in the High Court Division. 13. Resultantly, the leave petitions are disposed of......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
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