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Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ...... Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......omplainant and accused No.1 but the fact of divorce has neither been stated in the First Complaint nor disclosed in the complaint petition filed before the Tribunal and as such the plea of divorce is questionable as already observed by the learned Tribunal. We have gone through the inquiry report da..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......shed by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......f Appeal before this Court under section 28 of Ain of 2000. Kishore Kumar Dutta shall be referred to hereinafter as convict-appellant. 2. Destiny of Criminal Appeal hinges on answer to following questions: I. Could the prosecution bring home the charge staged against convict-appellant beyo..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......nsel for the petitioner. In the case reported in AIR 1949 Mad 77, it was held that where a Magistrate while releasing the accused on bail attached conditions that the accused would not enter upon the land in dispute for a particular period and that they would not commit any breach of peace, the cond......sposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....ourts below did. He further submitted that both the courts below committed illegality in putting the present suit under law of res judicata though the earlier suit for declaration, of title and khash possession and the present one for redemption of mortgage and thus committed an error of law th......l of the rule are as follows: 3. The petitioner as plaintiff instituted Title Suit No.2 of 1991 in the Court of Senior Assistant Judge, Sadar Court, Comilla for redemption of mortgaged land. 4. The plaintiffs case in short, was that Lal Mia the original owner mortgaged the suit l......hellip;…………………….Opposite Parties Judgment January 25, 2006. Result: The Rule is discharged. Case Referred to- Sachindra Lal Das and others Vs. Hriday Ranjan Das being his heirs Bimal Kanti Das and others, 40 DLR (A...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....it land by an indenture of lease deed executed on 14.09.1965 by the then Dhaka Improvement Trust and thus the defendant No.1 became the owner of the suit land by dint of the lease deed and got possession of the same. Subsequently the defendant No.1 constructed a pucca house thereon and she ......Dhaka. 3. The plaintiffs case, in short, is that the defendant No.1 Mrs. Inge Flatz, who is originally an Austrian Lady, and while she was living in the then East Pakistan, acquired the suit land by an indenture of lease deed executed on 14.09.1965 by the then Dhaka Improvement Trust .......Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prove contract between the plaintiff and the defendant and whether the p......sale, that the suit property was undervalued, that the acknowledge receipt was not genuine, that the agreement for sale was forged and that Mohasin Darbar was a fictitious person. To a court's question as regard the habitation/address of Mohasin Darbar, this witness categorically stated that..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......ase shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......rule 58 C.P. Code Mr. Rokanuddin Mahmud has, however conceded to such
proposition and further said that the petitioner is ready to furnish security
if a chance is given to do so.
6. The only question to be determined
by us as to whether in the facts of the present case the Adalat ought to ..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....ia. Taking advantage of the wrong record of rights in the name of Suresh, respondent Nos. 2 and 3 were trying to declare the suit property as enemy property. The plaintiff has always been in peaceful possession of the suit property. The said wrong record of rights having created cloud over the tit......Subordinate Judge(now joint District Judge), Dhaka for declaration of title stating, inter alia, that the plaintiff is a Hindu Deity installed long ago in a temple situated in a portion of the suit land. The suit land was dedicated for establishment of the deity and also for performing the Sheba......t. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....er 7, 2005.
Result:
The Appeal is allowed.
When specific provision is not available in the Act i.e. the Artho Rin Adalat Ain, 2003 enabling the Artho Rin Court to put the decree-holder into possession, the Court may exercise its such Jurisdiction as provided in rules 97 and 98 under Order ......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......his Case is also Reported in: 27 BLD (HCD) (2007)61.
......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......tion)
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judg......ence and materials on record, I find that the show
cause notice served on the plaintiff and her reply as mentioned in the
judgment are not at all related with her alleged unauthorised absence in
question covering the period from 12.5.98 to 14.9.98 but of the previous years
but the Court errone..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....ar 1997 and the Opposite Party Nos.4-16 claimed to have purchased by as many as 11 kabala deeds of different dates i.e. from 29.3.1987 to 09.4.1996. The Opposite Party Nos.4-16 have asserted their possession in 31½ decimals of land. This being the fact, I find that the learned Additional Distri......tle Appeal No.699 of 1999. During pendency of the appeal the Opposite Party Nos.4-16 submitted an application in the appeal for adding them parties claiming then to be purchaser in 31½ decimal of land out of the suit land. 3. The plaintiff contested the said application by filing Written O......Civil) Present: Shahidul Islam J Abdul Sobahan and others……………………….Defendant-Petitioners Vs. Noresh Chandra Mondal and others……………………..Plaintiff Opposite parties Judgment December 4, 2005. Result: The Rule is dischar......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......ented by National Legal Aid. Death Reference No.105 of 2003 with Jail Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death s......dul Majid, he took up investigation on 15-12-2001 and on completion of investigation, submitted charge-sheet on 10-2- 2002. It appears from his cross-examination that the defence side did not ask any question about non-seizur of any alamat or took any contradiction or omission in the evidence of PWs..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....nt, on receipt of information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, ......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......ot find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......r. Abdul Rouf, the learned Deputy Attorney-General appearing on behalf of the respondent opposes the petition submitting, inter alia, that there being clear violation in compliance with the notice in question the petitioner committed the offence as alleged and as such there is no illegality in the o..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......eased fell down by the side of the western door of the southern verandah. She did not give distance of the place where the deceased fell, from the place she was standing with the hurricane in her land. Therefore, witnessing the appellants to stab the deceased by P.W.1 by the light of the hu...... this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ...... medical expert as to cause of death and nature of injuries received by the deceased went unchallenged. By such evidence it is well proved that the deceased was stabbed to death. 24. Now the question is the complicity of the appellants in stabbing the deceased to death. 25. P.Ws.1, 4,..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
.... of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by the Deputy Commissioner, Cox's Bazar on behalf of the Government and handed over possession of the said land to the petitioner. The petitioner made a requisite plane for constructio...... law as a body corporate having perpetual succession. The petitioner, with a view to construct a Central Bus Terminal out side the Cox's Bazar Municipal area, took lease of 4 acres of Government khas land for 99 years at a salami of more than Tk.35,00,000/-. Accordingly, lease deed was executed by t......o have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......of land for 99 years from the Government vide lease deed marked Annexure J(i) and thereafter, the petitioner took possession of the said land whereupon the petitioner constructed the Bus Terminal, in question. The construction was made by LGED under a project named "Secondary Town Infrastructure Dev..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......ople's Republic of Bangladesh issued "Request for Proposals" (hereinafter referred to as RFP) (Annexure-C to the writ petition) for installation of 3 lac Public Switching Telephones commonly known as land phone, in private sector in Dhaka Multi-Exchange Area (hereinafter referred to as ME A). Accord...... interference. The petition is, accordingly, dismissed. Ed. ......BTRC can vary the term of the Licence Agreement without consent of the petitioner. 7. Mr. Mahmudul Islam, the learned Counsel appearing for the petitioner, has joined issue in submitting that the question is, as to whether the Licence Agreement is void being inconsistent with law on ground of pu..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....uthority regularising the same and simply because of such omission a right does not accrue in favour of the petitioners to get back the property from the authority……..(7)
Since the possession of the land had already been delivered to the requisitioning body the requisitioned ......ing the same and simply because of such omission a right does not accrue in favour of the petitioners to get back the property from the authority……..(7)
Since the possession of the land had already been delivered to the requisitioning body the requisitioned land is not liable......ervation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......om the authority……..(7)
Since the possession of the land had already been delivered to the requisitioning body the requisitioned land is not liable to be released. The land in question still lying unutilised with the authority and the compensation was assessed by the authorit..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......, the Gram Sharker is created to support the activities of the said local Government body. As such, this body has been created in the interest of the country as a whole. He further submitted that the question of conforming to the requirement of Articles 59 and 60 of the Constitution does not arise i..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....when there is no material before this Court at this stage to hold that after that 2 (two) months or during the period of. stay granted by the Appellate Division the present opposite parties went into possession and dug the canal passed the order of injunction restraining the respondents in the first...... in Civil Appeal No. 19 of 1996, and respondent Nos. 1-72 in Civil Appeal No. 20 of 1996 filed the aforesaid suits seeking the common relief i.e. declarations that excavation of the canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectivel......ve we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......e canal in the land measuring 35.99 and 45.98 acres of plot No. 267 listed in khatian Nos. 149 and 1028 respectively and the acquisition of the said land was illegal. It may be mentioned the canal in question is being excavated in connection with the implementation of the Teesta Barrage Project Phas..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......py of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......nged. Moreover, such medical evidence as to cause of death does not suffer from any infirmity or inherent defect. Thus, it is well proved that abortion was the cause of death of the deceased. Now the question is whether such abortion which resulted in her death was natural, that is, act of God, or c..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......to us that the entire case against the appellant rests upon his confession (Exhibit 7) and the learned Judge of the trial Court convicted the appellant relying on his confession. 24. Now the question that calls for our consideration is, whether the said confession can be the sole basis of ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
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