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Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....on erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possession of the suit property in part ......ng a decree of recovery of khas possession. Finally, Mr. Ahmed submits that the High Court Division erred in taking the view that the petitioner obtained possession of the suit property and the documents of title on 31.8.84 through fraudulent misrepresentation and that he wanted to continue in..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....it was beyond the scope of law for the Tribunal to examine such witnesses and record a finding on their statements towards accepting or refusing to accept the FRT. It had also the option, for ends of justice, to direct further investigation in terms of section 18 of the Nari‑o-Shishu Nirjatan Dama......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. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....n a very rare case High Court Division will exercise its jurisdiction under section 561A when the party has already exhausted the remedy of revision to prevent abuse of process of court or failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and ......s and proforma respondents. The second party of the proceedings did not know anything regarding the settlement case or auction sale and if there be any auction that is false, concocted, null and void document and has been created by Taimum Golal to grab the property in the name of the appellant Nos...Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ff and plaint ought to have been couched in way that Bangladesh Bank represented by General Manager. Defect is merely a technical one and not at all substantial and technicality must bend to cause of justice. Point No.3, also, stands answered in firm negative. 49. Point No.4(a): One of reasons......e, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents and, also, for a decree of permanent injunction restraining Defendants from disturbing pos..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......rmed by the courts below. Though the petitioners have sought to point out the Champak Lata herself executed the sale deed by her own name and her name appears in the voter’s list and some other documents, as such she has not impersonated anybody purporting to be Shebayet, as a matter of fact, ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......quo Document registered in violation of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document cannot be declared void or illegal or fraudulent or collusive when the allotment was made ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......p;……………………Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearl..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....ive me liberty or give me death." Barry Goldwater said, "I would remind you that extremism in the defence of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue." 18. Ivan Illich, an Austrian sociologist, said, "a just societ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......lar country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been cont..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....molishing the structures thereon and/or evicting her from the case land but inspite of that the mischief was done in violation of this Court's order on 30.8.2001 whereupon on 19.11.2001 demand of justice notice was served upon the contemners but to no effect and as such the petitioner was constr......position all the three contemners stated that they have started demolition work in Block ‘J’ at Baridhara on 23.8.2001 and it continued upto 30.8.2001. The contemners have annexed certain documents to show that the eviction process started on 23.8.2001 and it continued unabated till 30.8..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....upon, observing as another suit for specific performance of contract in respect of the self same property filed earlier than Title Suit No. 50 of 1984 out of which the instant First Appeal has arisen justice would best be met if both the suits are tried analogously, allowed the appeal and sent back ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....n order to grab the property of Title Suit No. 7 of 1969 and further stating that they are necessary parties in the present suit and as such they should be added as defendants in the suit for ends of justice. It have been held in the aforesaid decision that: "The present appellants are not c......ule 10 of the Code of Civil Procedure stating that they are the plaintiffs in Title Suit No. 7 of 1969 that the plaintiffs of the present suit for Specific Performance of Contract created a collusive document in order to grab the property of Title Suit No. 7 of 1969 and further stating that they are..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... laws relating to the retirement of stewardesses, that respondents accepted the offer in the Offer Letter and were appointed by a Letter of Appointment and this Letter of Appointment is the governing document in which the relevant terms and conditions of employment have been set out and the responde..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....the allegation of 2nd marriage against the appellant and the evidence of the PWs 3, 4 and 5 being not the evidence of disinterested witnesses, the conviction of the appellant caused miscarriage of justice, that during the pendency of the revisional application outside the Court compromise was re......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201