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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....st Pakistan Lahore 16 DLR (SC) 535, State Vs. Abdul Rashid 10 DLR 568; 9 PLR 716=State Vs. SW. Lakitullah 10 DLR 309, Syed Mahsin Termizy Vs. State 16 DLR (SC) 735, Israr Vs. Crown 7 DLR (FC) 19, MH Khandeker Vs. State 18 DLR (SC) 124, The State Vs. Yousuf Ali Khan 21 DLR (WP) 264, State Vs. Abdul M......87) LRC 180, Valente Vs. The Queen (1985) 2 SCR 673 at pp 685, 687, Re Amendment of the Constitution of Canada (1981) 125 DLR (3rd) 1, Reyder Vs. Foley (1906) 4 CLR 422, Commercial Cable Company Vs. Government of Newfoundland, (1916) 2 AC 610, British Coal Corporation Vs. The King (1935) AC 500, Rob......l literal sense of values, far less as casting any aspersion on the Judges. He further asserted that it is now well settled that expeditious disposal of cases in the Subordinate Courts by proper case management and Court management is primarily the responsibility of the Judge and that was what he me..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
.... the sons and daughters of Mongal Mia. Mongal Mia, a refugee from India, was allotted the case house by the Government and a lease deed was registered on 11‑7‑1963 and accordingly, possession was handed over to him. Since then Mongal Mia had been owning and possessing the house with the members ......is also Reported in: 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....y defendant appellant’s claim of long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on Re...... Title Suit No. 171 of 1985 was filed by the respondent, ABM Hasan Kabir as plaintiff impleading predecessor‑ in‑ interest of the defendant appellants and others for a declaration of title and recovery of khas possession. 4. Haripada Das, predecessor of the defendant appellants as a......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
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....nnexure A at correspondence page 355. We have also perused the Peon Book of Bangladesh TV and have found that at SI No. 38 of the Peon Book of the year 1998, the report of the Technical Committee was handed over to Secretary, Ministry of Information by hand. 15. Mr. Razzaq has further argued th...... hour but on a representation of Mr. Abu Sayed Mahmud, Chairman of ETV the Finance Minister deleted the condition of charging Taka 1200 per hour. The petitioners claim that due to such an action the Government has been deprived of huge amount each year. The petitioners also claim that Mr. AS Mahmud ......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)
.... SCC 706; Abdul Jalil Miah vs Niropama Ritchil, 49 DLR (AD) 61=1997 BLD (AD) 63; Salma Khatun vs Zilla Parishad 51 DLR (AD) 257; Mahaprabhu Ram vs Gopal Ram 42 DLR (AD) 154; Jogeridra Nath vs Amulya Chandra, 44 DLR (AD) 147; Abdus Sattar vs Abdul Rahman. 44 DLR (AD) 100; Secretary of State for India......ared following the wrong entries of RS record. In fact, Hafez Noor Mohammad had got no right, title or possession in the suit land. As Hafez Noor Mohammad never asserted any sort of right or interest over the suit land, they did not need to take any steps. The plaintiffs have possessed the suit land......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
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....as actually deed of sale and the transfer was done through contrivance of a deed of exchange only to avoid the pre‑emption. 8. Mrs. Azra Ali, Advocate‑on Record, on the other hand, contended that the High Court Division rightly set aside the order of the learned Assistant Ju......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. ......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. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he owner of the suit land and the record of right was also prepared in his name. He was a simple man and had no idea about worldly affairs and taking advantage of such situation, his nephew Nagendra Chandra Mondal created a deed being Deed No. 23965 dated 16-8-77 in respect of the suit land in his f......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....al of the aforesaid title appeal the plaintiff‑respondent put the decree to execution by starting Execution Case No. 70 of 1964 in the Court of Senior Assistant Judge, Cox's Bazar. On the other hand, the defendant‑judgment‑debtor petitioners preferred Second Appeal No. 583 of 1964 ......determination was whether the execution proceeding was barred by limitation for not having been proceeded with for a period of about 14 years and whether the period of limitation would be guided and governed by either article 181 of the Limitation Act or under section 48 of the Code of Civil Procedu...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
.... informant and thereafter entered the hut where his father was saying his Magrib prayer on the plea of looking for a ‘Hukka’ and then he picked up a Dao and struck a Dao blow on the right hand of his father causing grievous injury. Thereafter the condemned prisoner came out of the room t......dal, Azufa Khatun, Abdul Latif and Selina and this position having been detected the same was subsequently signed by the learned Additional Sessions Judge, Mr. AR Masud. The aforesaid charge was read over and explained to the condemned prisoner whereupon the (condemned prisoner) pleaded not guilty a......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. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....ts of misconduct sometimes make the Polices personnel’s accused in Criminal proceeding at the instance of victims of violence, atrocity and act of misconduct. 3. The two Complaints in hand era examples of alleged violence atrocity and act of misconduct, brought home against Police Pe......sion No.680 of 2001 (Arising out of petition case No.2261/2000 in the Court of Metropolitan Magistrate, Dhaka) Judgement A. K. Badrul Huq J. — In all democratic countries whose Government is vested in and ultimately controlled by the people the Police are agent of law and they ......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: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....e parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hoss......hy;- For the Respondent. Mahbubey Alam, Senior Advocate on behalf of Serajul Huq, Senior Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates- Special appointment by the Government. Criminal Appeal No. 39 of 2001. (From judgment and order dated ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....e executing Court by its order dated 11-8-85. 6. Eventually, on 13-2-85 truck being of reg. No. Mymensingh Na. 239 was seized by the police and on 16-2-85 other truck reg. No. Dhaka Na. 1737 was handed over to the Bank by its driver. 7. Against the order, the petition unsuccessfully moved......to be sold by public auction. 2. In the application, it is stated that on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner for recovery of a sum of Taka 2,57,130.30 for his failure in the repayment on the bank loan under a cash cr......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
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....ion the plaintiff cannot establish his title to himself, and (as regard Schedule 2(a)). “The evidence on the side of the plaintiff as regards the benami transaction is very meager. On the other hand, we find from Exhibit D that the plaintiff and his brother defendant No. 2 filed Rent Suit 135 ......t termination of his service was illegal. In that background of the facts of the case and the relief sought, it has been held in the reported decision that the relief in the suit “could not be covered by the provisions of section 42”. So, this decision has no relevancy to the point or qu......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....e premises by 5-7-2000 and this notice was issued on 3-7-2000 and it appears that notice of eviction was issued the Vested Property Authority which is sufficient to indicate that the appellant had no hand in the eviction of the occupier or the delivery of the property to the contempt petitioner. The......ontempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration whi......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....uestions decreed the suit irrelevant on illegal considerations and the same has occasioned failure of justice. 8. Mr. Maksudur Rahman, the learned Advocate for the opposite parties, on the other hand, submits that the fixation of valuation of structures in question as per 1989 schedule of the P...... Ed This Case is also Reported in: 54 DLR (2002) 364. ......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. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....s of MM Hossain Vs. Mostafa Hossain reported in 40 DLR (AD) 20 and the case of Mohammed Ibne Abbas Vs. Begum Momtaz Hossain reported in 45 DLR 421 submits that the possession of the suit land was not handed over to the plaintiff by Mr. MS Islam and the plaintiff is also not in possession of the suit...... Hossain Vs. Mostafa Hossain reported in 40 DLR (AD) 20 and the case of Mohammed Ibne Abbas Vs. Begum Momtaz Hossain reported in 45 DLR 421 submits that the possession of the suit land was not handed over to the plaintiff by Mr. MS Islam and the plaintiff is also not in possession of the suit land i......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
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....isoner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment Md. Ruhul Amin J.- Learned Judge of the Nari-o-Shisu Nirjatan Daman Bishes Adalat Chandpur in brief the Adalat, upon convicting the appellant-condemned-prisoner Babul Hossain and absc......ge accused Babul Hossain made demand for Taka 30,000.00 as dowry from them; that dowry having not been paid accused Babul Hossain, used to torture informant’s sister; that there were ‘Salishes’ over the matter of torture of the informant’s sister for non payment of dowry; that for the last o......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....li and others Vs. Abdul Mamith, 8 DLR 634 and the decision in the case of Matiur Rahman Vs. State, 14 DLR 526. In the case of 14 DLR 526, a man was killed by Mojibur Rahman, who took the gun from the hand of Matiur Rahman and fired at the victim in course of an altercation over cutting of trees in a......Matiur Rahman Vs. State, 14 DLR 526. In the case of 14 DLR 526, a man was killed by Mojibur Rahman, who took the gun from the hand of Matiur Rahman and fired at the victim in course of an altercation over cutting of trees in a jungle away from the house of the owner of the gun. The accused were conv......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
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....man will please Allah and if righteous men give voluntary gift to all kinds of divorced women it is for Allah to consider whether they have acted righteously or not. Righteousness and mata’a go hand in hand……………………………......i and others AIR 1918 Mad 998 and Fazal Din and others vs Milkha Singh AIR 1933 Lab 193; Firm Sriniwas vs Mahabir Prasad, AIR 1951 (SC) 177; Om Prakash vs. Ram Kumar, AIR 1991 (SC) 409; Secretary to Govertment vs Abdul Kafil,PLD 1978 (SC) 242; Safura Khatoon vs Osman Gani and others, 9 DLR 455; Mari......ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
....ite of promulgation of the said Ordinance and to remove the defects and inconsistency in the same and for effective prevention of such offence it was felt necessary to enact the new law. On the other hand, preamble of the said Ain clearly stated that the Ain has been enacted to prevent heinous crime...... petitioner as dowry at the time of the marriage and giving sum of Taka 50,000.00 twice as dowry after the marriage there is no allegation that on the date of occurrence the victim wife was assaulted over the demand of any agreed amount of dowry. Rather allegation is that the petitioner had assaulte......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
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