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Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ......standing with the Bank authority paid Tk. 15,00,000/-and Tk. 3,25,000/-to the plaintiff-Bank and thereafter got the release of the part of mortgage property of 32/A/2, Free School Street, Panthapath, free from the mortgage and free from all encumÂbrances. In view of the amicable settleÂment the de......made several requests for the payment of loan but the petitioner and other defendants failed to repay the loan with interest. The plainÂtiff-Bank exhausted all processes for realization of Bank dues from the defenÂdants. At last on 06-04-1996 the plainÂtiff-Bank issued a final demand notice to th......e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..Category: Banking Law | Date: | Hits: 85
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ndemned petitioner submits that the extra-judicial confession of accused Rokeya Begum and judicial confessional statements of both the condemned petitioner and accused Rokeya Begum were not at all free and voluntary and confessional statements had been obtained by police through torture upon the...... did not like illegal relationship established between her mother, accused Rokeya Begum, and the condemned petitioner, accused Rokeya Begum and the condemned petitioner decided to wipe out her from the world; accordingly on 16.6.2000 they, on the plea of visiting the house of maternal uncle ......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ......at the above plot was an abandoned property; the acts and omissions of the government agencies as well as that of RAJUK led the petitioner to purchase the property treating the same as free from all encumbrances and legal defects as to the title and no apparent steps having been take...... 1981, handed over the vacant possession of the first floor of the aforesaid two storied residential building situated at the eastern side to the petitioner; then on obtaining necessary permission from the respondent No. 3 the respondent No.4 transferred the above Plot No.4 to the petitioner by ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t on the application of the appellants on 16.1.57 an enquiry was held by the Revenue Deputy Collector wherein it has been stated that there were as many as 5 bunds which completely blocked the free passage of water and thereby paralysed their business for which they claimed relief and it has......orney-General with B. B. Roy Chowdhury, Assistant Attorney-General (on 27/06/77) instructed by B. Hossain, Advocate-on-Record- For the Respondent. Civil Appeal No 8 of 1976 (On appeal from the judgment and decree dated 22.4.70 passed by the erstwhile High Court of East Pakistan in F......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be proÂperly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... citizens to live under the rule of law and to expect that the resources of the nation would be utilised for the benefit of citizens and the nation and the funÂctioning of public utilities should be free of corrupÂtion and, as such, the case is of public importance, 29. He further submitted th......spondent No.1 is a law abiding and peace loving citizen of Bangladesh. She is the former Prime Minister of the Government of Bangladesh and was the Leader of the Opposition in the National Parliament from 1986-1987, 1991-1996 and 2001-2007. She is the daughter of Late Bangabandhu Sheikh Mujibur Rahm......ich the question is raised can be proÂperly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......ns with foreign states, public order, decency or morality, or in relations to contempt of court defamation or incitement to an offence- (a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press, are guaran&sh......basic structure of the Constitution of Bangladesh. Although it causes a disruption of the daily life of the common people, it is the most peaceful expression of protest whereby people abstain from their routine work in a peaceful manner and demonstrate their disapproval of certain......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......e its primary legislative function itself and not through other. (2) Once it is established that it has sovereign power within a certain sphere, it must follow as a corollary that it is free to legislate within that sphere in any way which appears to it to be the best way to give eff......for the purpose taking into consideration the over all international market price i.e. the rates prevalent in respect of the import in question in different foreign countries of the world from which the imports are usually made inasmuch as there is no legal requirement for having a nexu...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......sible interest which the party can have. It is more than the mere thing which a person owns. It is elementary that includes the right to acquire, use and dispose of it. Property consists of the free use, enjoyment and disposal of a person's acquisitions without control or diminution by the l......Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining the defendant Nos. 2-10 from admitting girl students in Nalchity Merchants High School. The plaintiff claiming himself as ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ocess', subject to certain procedures, provided that the DG may, in cases of urgency, instantly give necessary direction, if it appears that public life is about to be disrupted due to environmental pollution (Section 4(3) Act); - for receiving information on application b......ip;. 5.1 Public awareness 5.1.1. Raising awareness regarding the impact of ingestion of arsenic contaminated water; 5.1.2 Raising awareness about alternative arsenic free safe water sources and mitigation options; 5.1.3 Raising awareness regarding reme......eed a particular quantity as noted in the Environment Conservation Rules 1997. 3. In the writ petition it was, inter alia, stated that the writ petitioner, a former Member of the Parliament from Sonargaon area, a former Minister of Social Welfare and Women's ......ect to certain procedures, provided that the DG may, in cases of urgency, instantly give necessary direction, if it appears that public life is about to be disrupted due to environmental pollution (Section 4(3) Act); - for receiving information on application by persons ..Category: Environmental Law | Date: | Hits: 255
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......ancy or in that part of the tenancy, as the case may be, shall be extinguished, and the tenancy or the past of the tenancy shall vest in the Provincial Government from the date of such subletting free from all encumbrances." 10. What is prohibited under secti...... 2755/- which was found to have been paid by the petitioners in respect of the said contract. It may be mentioned that the respondents also preferred a Second Appeal to the High Court from the same judgment and decree, which was beard analogously with the Second Appeal preferred by ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... benefit of doubt. 20. In the result the appeal is allowed. The orÂder of conviction of the appellants is set aside. They are held not guilty and are acquitted and it is directed that they be set free if not wanted in any other case. MH Rahman J. - I agree with my Lord the Chief Justice that ......nd nephews reÂside in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the unÂcle Abdul Bari and his nephews. Abu Taher and Abul Kashem, for about six years from before the inciÂdent. In that dispute Abdul Bari's cousin, deceased Zafar, took his side. Abou......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Solicitor repreÂsented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....nd thereafter, submitted that the accused-persons imported the goods by deceitful means and those are banned item being raw materials for manufacturing polythine bags which are threat to environment of the country. In such view of the matter, the learned Judges of the High Court D...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......portable item and any general importer can import it on payment of proper duty and tax. 8. Learned Advocate next contended that the imported goods arrived at Mongla Port on 09-06-2002 from Indonesia and the respondent presented the bill of entry to the Mongla Customs House for asses...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......ule 11 (a) or (d) CPC is not attracted and the proper course for the learned SCC Judge was to set a next date for the plaintiff to take steps. We, however, wish to make it clear that the defendant is free to raise the isÂsue as to whether the plaint was properly signed, verified and presented or no......fect plaint of the suit filed on behalf of the plaintiff cannot be rejected without giving an opportunity to the plaintiff to cure the defects. Thus the order of rejection of plaint obviously suffers from an error of law and it is accordingly set-aside and the appeal is allowed……….…(36) C......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......e plaintiff on the same day of execution of Ext.4, on the same sitÂting by defendant No.2, so that the plaintiff could make searches in the relevant office to see whether the property in question is free from encumbrances. 30. Before going into the oral evidence, I will presently divide the docu....................................Respondents Judgment January 22, 1990. Result: The appeal is disÂmissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternati...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......ereupon the conviction of appellant by judgment and order dated passed by the learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... imposed fine of Tk.50/- upon the workers of Abul Khair and being annoyed Abul Khair was about to attack the victim but due to resistance of others the matter ended without any serious consequence; from there the victim, with other members of the Salish, went to the house of Salamat Khan, the ch......learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 52
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... or as an ingredient of the offence. The failure of the prosecution is otherwise so overwhelming in this case that it is too much to ask for any such evidence of motive. The dying declaration was not free from reasonable doubt. So, the appellant is entitled to benefit of doubt…………………â€...... Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appell......he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......t, 1994, in short the company, carries on business, inter alia, of manufacturing and marketing of bevÂerage products having established a modern factory in Gazipur and after taking necessary licence from the relevant authority of the Government produced, "malt beverage" and the company markets its ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......perty Act, 1948 and the said property continued to be subject of requisition. Later on, the said land was acquired by the Government in LA Case No. 16/1959-1960 and rightly vested in the Government free from all encumbrances and the right, title and interest if any, of the original owners exting...... No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans' on 16-10-2000 without giving them prior notice or chance of being heard......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......dly be called a violation of law of trade mark or termed as a fraud upon the statute. If, however, the respondent is found to be selling its duty-payable footwears manufactured in its factory as duty-free shoes being manufactured non-mechanically, then such act of the respondent will surely be an ac......………………………...Respondent Judgment April 18, 1990. Result: The Appeal is dismissed. The Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equi......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......was not so much a case of waiver, but a case of acquiescence." Mr. Pal fell that it will be a pointless debate how to describe the emerging inference—a case of waiver or acquiescence—which is not free from difficulty, but the result nevertheless remains the same, that is, the principle of estopp......l settled that the right of pre-emptor accrues only on the regÂistration of the deed of transfer (kabala). The mere refusal to purchase or negotiate the conÂtract of sale can not debar a pre-emptor from pre-empting after the transfer had become effective under law. The question of waiver of the ri......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
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