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....cate whether the offending reports constitute the offence of contempt of this Court, let us deal with certain preliminary jurisprudential aspects of this case as raised by the learned Counsels of the parties. It has been contended that in absence of any definition of contempt and in view of the prot...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....s liable to be dismissed with cost. 4. Three witnesses for the plaintiff and 2 witnesses for the defendant No.1 were examined in the case. The trial Court considering the evidence adduced by the parties decreed the suit in favour of the plaintiff against which the defendant No.1 preferred the a......nt No.1 on the 20th Magh, 1402 BS. in presence of the neighbouring people the defendant No.1 accordingly, delivered possession of the suit land in favour of the plaintiff and gave undertaking that on payment of rest Taka 600 she would execute and register the kabala deed in favour of the plaintiff. ......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... direction to the writ respondent No. 4 to initiate proceeding under Sections 199 and 200 of the Penal Code against the appellant along with other persons responsible for allowing the appellant to participate in the election. 2. Government of Bangladesh and Deputy Commissioner......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......etitioner along with 3 others contested the election for the post of Chairman of Jhalakathi Pourashava held on 09.05.2004. It has further been stated that respondent No.7 (appellant) is a Bank loan defaulter but concealing the fact, he participated in the said election in violation of ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....formation report of the case, the charges framed at the trial against the accused persons, the evidence on record as well as impugned judgment and submits that there is a bonafide dispute between the parties with regard to the schedule land and that the informant filed the instant case falsely out o......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
.... an important Trade Unionist. He acted as President of the CBA in 1971, 1987, 1989 and 1994. The other respondents No.3-9 were supporters of Mr. SM Golam Harman. All the said respondents used to take part in Trade Union and used to raise voice against the management of the petitioner for their unlaw......tated and started procession within the mills area. Later, SM Golam Rahman (respondent No.2) and some other workers and leaders brought the situation under control and the workers on receipt of their payment left the mills premises. At the time when and agitation were going on in the mills premises ......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....nd of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of the gratuity as per provision of law but without response and for such inaction on the part of the respondents the writ petitioner has suffered loss and injury both financially and social......tioner No one appears- For the Respondents. Writ Petition No.1530 of 2002. Judgment SAN Mominur Rahman J.- Rule was issued as to why the respondents should not be directed to make payment against pension and gratuity to the petitioner, since retired on 19‑2‑1995, in terms of ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....ent March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- Decision in a particular case made in the background of the facts and circumstances of that case as well as upon ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....n
Civil Revision No.3992 of 1999).
Civil Revision No.2974 of 1999 with Civil Revision No.3992
of 1999.
Judgment
Bijan Kumar Das J.- These rules were issued calling upon the opposite party
Nos.1-12 to show cause as to why the impugned judgment and decree dated
30-5-1999 passed by ......t the bested
propÂerty authority has granted lease of the suit land in favour of one Abdul
Baten and subseÂquently in favour to the defendant No.12 who has been in
possession of the suit land on payment of yearly rent. Mr. Chowdhury furÂther
submits that the defendant of the present suit-admi...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....9.2002 (Annexure-F-1) because all the members of the Parliament in those constituencies are from the opposition whereas the members of Parliament of the areas of sub-project Nos.1 to 8 are all from 4-party alliance, as such, the resolution No.2.4.9 dated 30.9.2002 adopted in the A.D.P. 2002-2003 pre......2002 (Annexure-G), a Senior Assistant Secretary, Ministry of Communication, Development cell, by Memo No.Unnayan-3/A:ABA:-75/2002-38 dated 27.01.2003 (Annexure-H) asked the Chief Engineer to stay the payments against such projects under serial No.9-36 and to allow those money in the sub-project Nos.......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... having authorised capital of Taka 1,00,00,000 divided into 1,00,000 ordinary shares of Taka 100 each and it was incorporated on 15-12-1993 mainly, to build a 22-storied super market cum residential apartment complex named VIP Tower at 125, Chatteswari Road, Chittagong and to sell the shops and apar......tors of the company but he having not paid any amount against the above shares, no share certificates were issued in his favour against those sharers and ultimately, his shares were forfeited for non payment of the share money and hence the respondent No. 1, not being a shareholder, is not eligible ......ounts of the company maintained with the Al-Arafa Bank by the appellant Nos. 2 and 3 was also taken (Annexures 12 and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower but are disbursed directly to the sup..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....e- For the Petitioner. Mohammad Ali Azzam, Advocate- For the Opposite. Civil Revision No.244 of 1997. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the opposite party Nos.1, 3 and 4 to show cause as to why the impugned Judgment and decree dated 20‑5‑1996, d......t the defendant Nos.1 to 3 got the suit property by way of inheritance and they were in enjoyment of their right, title and possession of the same. The defendant Nos.1 to 3 by acceptance of part payment of Taka 3,500 from one Mohammad Miah out of consideration money of Taka 4,000 executed a Bai......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....usly with Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and restoring the suit to its original file and number. 2. .......…..Petitioner Vs. Md. Shajahan Miah and another…..Respondents Judgment February 1, 2005 The Premises Rent Control Act, 1991 (III of 1991), Section 10 & 18 Whether payment of salami makes a monthly tenant non-ejectable? The widespread and longstanding practice...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....e East Bengal (Emergency) Requisition of Property Act, 1949 (hereinafter referred to as the Act) and included the same in LA Case No.16 of 1959‑60 for the purpose of cutting earth for the Railway Department. The land was subsequently requisitioned, released and restored to Mrs. Madlena D Roza...... same as industrial plot No.2 favour of respondent No.8, Habib Hotel international limited but did not has over possession thereof. The petitioner purchased 5 kathas of land Md. Saifur Rahman Khan on payment of valuable consideration and got registration of the deed of sale bearing, No.1752 dated 2â......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....har Joarder and others............Appellants Vs. State.............................................Respondent Judgment January 15, 2005. Result: The Appeal is allowed in part. Cases Referred to- Abdus Sattar and others Vs. State, 46 DLR (AD) 239; Rafiqul Islam......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....t Police Super (ASP) on 31‑5‑01. Thereafter, he was sent to the Police Academy at Sarda, Rajshahi for probationary training. On completion of his training, when the petitioner was waiting to take part in the passing out parade, he was informed verbally by the authority of the Academy that he wou......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....the petitioner remained free from anxiety. But he came to know very recently that no Civil Revision was filed as yet and that the said Clerk Samir Chandra Ghosh left the country for India in the last part of the year 2002. It has further been stated that on hearing the same the petitioner obtained c......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure agains......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....a case their case remains unestablished since any other person deposing on their behalf in respect of the said exclusively known matter as to which the suitors had only personal knowledge about the particular matter is not the competent witness about the said matter………&hellip......contention of the plaintiffs as to execution of the bainapatra by him and alleging that he instituted SCC Suit No. 88 of 1980 for the ejectment of Khurshed Ali Master as he became defaulter in the payment of rents, that during the pendency of the SCC suit there was a 'salish' in August, 19......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....II of 1947. 3. In detail the first information report case is that on 22‑11‑1998 an international tender was called for installation of 3 lacs digital telephone lines and the said tender was participated by World Tel Holding Ltd., Bermuda, China Telecom Conciacion (joint venture of three co......td., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged payment of fees of the consultant by World Tel Holding Ltd. Thereafter, the said consultant was entr......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....gislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part thereof by a raiyat either by way of out and out sale with an agreement to reconvey or wher......DLR (AD) 233 and submitted that admittedly the plaintiffs who were owners of the suit land sold the same by registered kabala dated 5-2-1963 to the defendant No.2 with a condition to re-purchase on payment of the consideration money and on the same day executed an Ekrarnama to return the suit la...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
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