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Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ......e station Zazira, District Shariatpur, that Government allotted taka 7,50,000 (seven lac fifty thousand) for consideration of the school building, that on getting the said information some interested persons made attempts to shift the school from plot No. 331, which is far away from the existing pre..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......ed fled away being chased by A Hashem, Abdul Motalib and Md. Rafique. Thereafter on 17-5-1997 at about 8-00 PM Hazera Begum went to house of Angur Mia to watch television and accused Harish and other persons also went there to watch television. At about 10-00 PM the people left the place of televisi..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ......was attested by the Secretary on 14-10-1988 was the final evaluation report, ETV was duly qualified, Licensing Agreement with Mr. AS Mahmud was a lawful one as ETV was neither a natural or a legal person, the subsequent transfer of licence to ETV was proper and lawful, the Ministry of Informatio..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......n that in this Sub‑Continent people always try to give a different date of birth and in most cases later date of birth has always been shown. But it is not the tendency to raise the age of a person. In the present case date of birth has been shown in the Admission Register as on 29‑1..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

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

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......dgment delivered by a Division Bench of the High Court Division on 24th August, 2000. The report conveys the message that the judge took bribe to deliver a judgment favourable to a particular accused person but could not do so because of intervention by the Law Minister. It is, therefore, contended ..

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. ......e accused that Fazila Khatun was not in the house. Then at the order of accused Ashraf, Habi committed rape on Rebeka in presence of Asia and Mazu. Rebeka lost her sense and sustained injuries on her person including her private part. At about 4:00 AM Asia Khatun informed the matter to her son‑in..

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.......time the accused Md. Alam and Monir were also seen with them. At first the accused Parul Begum was not available in her house and could not be asked whereabouts of the girl. At mid-night, the accused persons came and threatened the informant and others not to disclose the matter and said that the vi..

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. ......dverse possession…….(19) The Evidence Act , 1872 (I of 1872), section 110 The presumption under section 110 would apply if two conditions are satisfied: that the possession of the person claiming long possession is not, prima-facie, wrongful and secondly, the title of the person,..

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

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

....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......ra Coomar Roy Chowdhury and another vs. Brojendra Coomar Roy Chowdhury and another reported in the India Law Reports, Volume 17, Calcutta 886, wherein it was held that under the Hindu Law in Bengal a person has the right to dispose of his property by will.   13. Drawing an analogy from the..

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.   ......9. As regards the transfer of licence, these respondents claim that respondent No. 7 participated in the tender as the proprietor of Messers Ekushey TV and as the ETV was neither a natural or a legal person, licensing agreement was signed by the proprietor and subsequently when the company was forme..

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

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

....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.   ......was of the view that, “Now the principle of law is that possession is not to be considered adverse if its origin can be referred to a lawful title whenever that is possible, because a person who claims to have entered into possession as a trespasser will be presumed not to have done ..

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

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

....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. ......himself on record as a party to the pending proceeding. This provision deals with cases where there is change of status in totality of the interest of the party pending the suit passing on to another person by way of transfer or otherwise. The expressions used in the rule “in other cases of as..

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

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. ......roviding or rendering excisable services, specified in a notification under sub‑section (4) shall, upon an application made to the Government within thirty days of the notification by any aggrieved person, be reviewed by a Standing Tribunal constituted under sub‑section. (6) to which the a..

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

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......ned. The respondent No. 3 however, advised the petitioner No. 2 that she could apply for seeking permission to leave ownership of the property transferred in her name and the petitioner No. 2, simple person as she is, accordingly put in an application requesting for granting her permission for the p..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

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.......ereafter, accused brought the complainant to Dhaka on 19‑11‑1999 and started to reside at 46/1, Bonogram Road and instigated the complainant to earn money having sexual inter­course with unknown persons. But the complainant did not agree with the bad proposal of the accused appellant and, as su..

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

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....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. ......ce of occurrence house came there when he was also attacked by the condemned prisoner. As a result, PW 4 received dao blows on various parts of his body. Soon thereafter, following a hue and cry many persons came to the place of occurrence house, saw the occurrence and arranged for the treatment of ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

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

....onstitu­tion of Bangladesh, 1972; Article 102 Police Regulations Bengal, 1943; Regulations (24), 244(c) & 29 29(d) Presence of High Police Officer or Representative during Judicial Inquiry Requiring presence of High Police Officer and Police representative during Judicial Inq......n air of confidence in the minds of the citizens of the land. 2. The transgression of limits of law and causing violence and atrocity and performing acts of misconduct sometimes make the Polices personnel’s accused in Criminal proceeding at the instance of victims of violence, atrocity an..

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

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. ......has the exclusive jurisdiction to take cognizance of the offences committed by a child and ‘child’ has been defined in Section 2(f) of “The Children Act, 1974 which runs as: “Child” means a person under the age of sixteen years and when used with reference to a child sent to a certified in..

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

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......etition has been filed after a long lapse of time of eight/nine years only to serve the political purpose of his rival who was acting from behind the screen and the writ petitioners are not aggrieved persons and their fundamental right has not been infringed in any way. 5. The High Court Divisi..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......) on the request as well as on the promise of the guarantor (accused Respondent No.1) that the guarantor would replace the entire stock within a short time. It was alleged in the FIR that the accused persons thus committed offences under section 406/420 of the Penal Code.  4. Both the re..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95