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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....rney-General then makes his submission in respect of the case of each of the contemners. He first makes his submission in respect of the case of 'Manabjamin' and contended that it is now an undisputed fact that Mr. Ershad had a telephonic talk with a Judge of this Court and it was recorded i......hed in the interest of the judiciary. It is contended that they have not done anything that could be regarded as contemptuous of judiciary or the Court, rather they did what was thought essential for holding high the position of the judiciary. They published the observation of Mr Justice Naimuddin A..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......belonged to different women. He did not seize the Chouki upon which victim was raped. The alamats were not produced in the court. He denied defence suggestion that he submitted charge-­sheet without holding investigation. 21. The accused persons were duty examined under section 342 Cr.P.C. t..

Category: Women and Children | Date: 4 May, 2002 | Hits: 83

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......., the learned trial Court appears to have relied upon her prior statement under section 164 of the Code of Criminal Procedure and discarded those evidence given by her before the Court at the time of holding trial. The learned Judge of the trial Court was of the view that since the girl was minor, a..

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. ......le Suit being Title Suit No. 303 of 1980 renumbered as Title Suit No. 172 of 1985 filed by the respondent ABM Hasan Kabir challenging the order of the Chairman of the Municipal Committee treating the holding as enemy property. 6. All the aforesaid three suits were tried together and dis..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

.... an enemy property and subsequently as vested and non resident property; that the deeds of gift are collusive and fabricated documents.   5. Defendant Nos. 6‑8, the alleged lessees of the disputed land under the government (present respondent Nos. 1‑3) also contested the suit by filing......Nos. 1‑3) also contested the suit by filing separate written statement supporting the case of defendant No. 2 as made out in their written statement.   6. The trial Court decreed the suit holding that Upendra Nath Paul and Nripendra Nath Paul, the father, and uncle respectively of the pl..

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.   ......ment at the relevant time, this Court considered that to ensure transparency and accountability of public servants especially those who held responsible position the Court should give a direction for holding inquiry into the allegation as contained in the report published in the newspaper. 25. ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....joyment would be solely in assertion of hostile title. "In order to claim title by adverse possession it is incumbent upon a person to prove that he has been in continuous possession of the disputed property over the statutory period of 12 years in assertion of his hostile which the plaint......rty Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adverse possession in the suit land measuring about 0.092 acre of land comprised of holding No. 269/265 of No. 9 Hatkhola Ward of the Barisal Municipality fully described in the schedu..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).

....allenged before the High Court Division in revision.   5. The High court Division it appears reassessed the evidence of PWs and DWs in respect of possession and decided disputed question of fact by holding that the defendants paid rent on the basis of wrong SA record w......t Division in revision.   5. The High court Division it appears reassessed the evidence of PWs and DWs in respect of possession and decided disputed question of fact by holding that the defendants paid rent on the basis of wrong SA record which was under challenge and ..

Category: Property Law | Date: 18 Mar, 2002 | Hits: 80

Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)

....t Division.  In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ......Division and the learned Single judge made the Rule absolute Upon Setting aside the aforesaid order of the learned Assistant Judge and rejecting the aforesaid Miscellaneous Case for pre‑emption holding that such question cannot be gone into in the pre‑emption proceeding.  6. ..

Category: Property Law | Date: 16 Mar, 2002 | Hits: 95

Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

....lowing the opposite parties to be impleaded in the suit on the death of the sole plaint. 7. Lal Mohon Mondal is the sole plaintiff in the suit who was the exclusive owner of the suit land is not disputed by the parties. Petitioner disputes the identity of sole plaintiff Lal Mohon which issue ca......on the ground that the learned Advocate inadvertently mentioned Order I rule 10 CPC in the cause title of the application. Be that as it may, the learned Assistant Judge accepted the said application holding that misquotation of a particular provision of law in the application should not stand in th..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)

....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......ays of refusal and the High Court Division correctly noticed that this fact escaped consideration of the courts below. It appears that the trial Court and the appellate Court wrongly decided the case holding that the plaintiff ­respondent had failed to pay rent within 15 days of subsequent month as..

Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ...... of the civil suit. Moreover, since there is a prima facie case the criminal cases cannot also be quashed. Therefore, the High Court Division did not commit any illegality or made any error in law by holding that the pendency of the civil suit will not be hindrance to proceed with the criminal cases..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... the Notification dated 1‑7‑88 by the Board in exercise of its power conferred by the Excise and Salt Act, High Court Division erred in law in finding that there was no guideline principle and in holding the impugned Notification has been issued without any lawful authority inasmuch as SRO dated..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)

.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... be enlarged on bail, since he has been waiting in the custody for trial of the case for about 2 years and prosecution has miserably failed to take proper steps for framing the charge in the case and holding of the trial. In the result, the appeal is allowed. The impugned order dated 19‑9‑2..

Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....the Code of Criminal Procedure. 15. PW 3 Abdur Rahman stated in his evidence that at about 12.00 noon on 30th Jaistha 1391 BS victim Asaruddin opposed the accused-persons in cutting paddy in the disputed land when accused Rahmat dealt a lathi blow on his neck, as a result of which he fell down ......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. ..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

....ision on perusal of materials on record found that the population census of 1991 showed 3% increase of population per year and the question of variation of population taken in the other petition is a disputed question of fact which cannot be resolved in writ jurisdiction and that section 21 (1) of t......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....n on perusal of materials on record found that the population Census of 1991 showed 3% increase of population per year and the question of variation of population, taken in the other petition is a disputed question of fact which cannot be resolved in writ jurisdiction and that section 21(1) of t......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......charged for indictable offence ordered for Judicial Inquiry in the presence of High Police Officer and Police representative and the vires of the orders recorded by Metropolitan Magistrate. Dhaka for holding Judicial Inquiry in presence of High Police Officer and Police representative have become th..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

.... 49 dated 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to ......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......evidenced by Annexure-‘A’ to the writ petition. The convict had no maturity to understand the consequences of such confessional statement. The Tribunal Court considered the confessional statement holding that the confessional statement was recorded on the date the convict was arrested, which is ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75