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Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......(hereinafter referred to as the Act) and accordingly ordered to set the detenu at liberty at once, if not wanted in connection with any other case. Although Mr. Md. Ali Asgar Khan J has not given any decision as to the maintainability of the miscellaneous case, yet, it has to be presumed that his Lo..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in taking a decision in respect of an issue in the case. Section 114 (ii) A registered docu..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......uot; 8. We have heard the submission of the learned Counsel for the petitioners and perused the judgment impugned herein. It appears that the High Court Division relied on the decision in the case of Habibullah Khan vs. Shah Azharuddin Ahmed and others reported in 35 DLR (4..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......r defence and thereby caused prejudice to him. 25. We do not find any substance in the submission of Mr. Mohammad Abdul Baset, the learned Assistant Attorney-General, who relying on the aforesaid decisions reported in 5 BLC (AD)19 and 46 DLR 605 has submitted that mere missing of some words whil..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....in Bangladesh when such right arising from part performance of a contract has been given a positive statutory shape in section 53(A) of the Transfer of Property Act, such right issues from a positive legislative enactment and is not founded merely on equity or a contract. So long as the agreem...... at by the High Court Division. As regards the submission regarding the finding of the High Court Division as to section 53 of the Transfer of Property Act the High Court Division on the decision in the case of Buxly Paints (Bangladesh) Ltd vs. Bangladesh reported in 31 DLR (AD) 266 has..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......rving: "The order per se is not a final order, but an ad interim order subject to the receipt of the instruction from the Ministry of Land with regard to the decision about the managing committees of the lessees' Samity and, as such, we find that this writ p..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
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. ...... such, no Injunction could be granted at his instance inasmuch as the suit is neither a suit filed in representative capacity by the plaintiff nor a relief has been sought seeking cancellation of the decision to construct the school at the new site and, as such, the High Court Division failed to con..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.......fessional statement and submits that the confessional statement of the condemned prisoner must not only to be voluntary but also true and in support of his contention has referred to the long line of decision of this Court. 26. In the case of the State Vs. Ali Hossain, reported in 1998 BLD 655 ..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)
....tution have given justice an ampler dimension to provide justice to every citizen of the country. Above all, the Constitution reposes all the power to the people. Article 7 makes it clear that all legislative, judicial and executive powers are conferred on the people through the Constitution. ......fidavit-in-opposition while hearing of the writ was progressing. Respondent No. 2 is Bangladesh, represented by the Secretary, Ministry of Finance. It is stated in his affidavit-in-opposition that decision of charging Taka 1200 and formulation of some other conditions were taken in an inter-mini..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......No. 1753 of 1990 at the instance of the plaintiff was filed and the High Court Division upon hearing the parties by judgment and order dated 2‑11‑98 remanded the suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the pa..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
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. ......hat at the time of granting leave to appeal the learned Counsel placed reliance in a case of this Division reported in 5 BLT (AD) 1 =2 BLC (AD) 18 (Sree Mongal Chandra Nandi vs Bangladesh). In that decision it has been held that when a victim girl was found to be a minor she ought to have been g..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....which was evolved even before the emergence of common law system. In India as well as in western countries the King used to be considered as the fountain of justice. He held all the three powers, the legislative, administrative and the judicial. Even when a Judge used to decide a dispute between two...... with the independence of the judiciary in any manner whatsoever. The golden example of his highest respect to the independence of the judiciary is the judgment of the Appellate Division by which his decision of setting up of five High Court Divisions in different areas of Bangladesh was knocked dow..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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.......hly suspicious. He also submits that the learned trial Court passed the impugned judgment and conviction on misreading and non-consideration of the material evidence on record leading to an erroneous decision. 9. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General in reply, made su..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......nding that due to the dismantling by the RTDA the room No. 9 has become unusable and portion of the said room has been broken which cannot be usable without construction. He has further stated in his decision that the room No. 9 cannot be usable by repair and, as such, he refused to pass an order fo..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......tween the Governments as the litigant and a public litigant in case of considering an application under section 5 of the Limitation Act. However, following the principles laid down in several decisions referred to in the judgment the learned Single Judge of the High Court Division was of th..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... after requisition and acquisition a small portion of land was utilised by the requiring body and the remaining portion remained unused for the last 36 years. In the meantime the Government has taken decision to release unutilised land in favour of the original owners. Thereafter, the petitioners su..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
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. ...... Additional District Judge who heard the appeal dismissed the same on contest affirming the findings of the trial Court upon proper consideration of materials on record and relying upon tile relevant decisions. 8. Against the aforesaid judgment of affirmance, the aforesaid defendant Nos...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. ......d 5 also filed Affidavit-in-Opposition during the stage of hearing. Respondent No.2 is Bangladesh, represented by the Secretary, Ministry of Finance. It is stated in this Affidavit-in-Opposition that decision of charging Taka 1200 and formulation of some other conditions were taken in an inter-minis..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. ......aman and lease agreements exhibits 'Ta' and 'Tha' at least in a part of the suit land but the trial Court decreed the suit in respect of the entire suit land. In support, he cites the decisions in the cases of Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174; Abdur Kader V..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......he courts below did not consider the material evidence in arriving at the said findings of fact and thus fell into an error of law in dismissing the suit. The learned Judge accordingly, set aside the decision of the courts below and decreed the suit against which the defendant appellants obtained le..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80