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Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....e learned 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 defen......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. ...... Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgment April 1, 2002. ......anently and, as such, the property in question has been rightly declared as an enemy property and subsequently as vested and non resident property; that the deeds of gift are collusive and fabricated documents. 5. Defendant Nos. 6‑8, the alleged lessees of the disputed land under the g..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....onsidered as not maintainable. However, Mr. Razzaq cited this case to show that as there was allegation of abuse of power and of corruption against respondent No.1, a Secretary to a Government at the relevant time, this Court considered that to ensure transparency and accountability of public servan......sis of this evaluation report and ultimately after approval of the summary by the Prime Minister, agreement was signed between the Ministry of Information and Mr. AS Mahmud who submitted tender papers as proprietor of ETV. Annexure 3 of the Affidavit-in-opposition of the respondent Nos. 6 and ...... (2002) 537. ......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. ..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. ......iry, they came to learn that after the death of Hafez Noor Mohammad, Nabijan Miah and Habib Box, and their sons Md. . Yousuf and Md. . Younus in collusion with the defendants created some papers in respect of the suit land. Then with such papers they got the land mutated in the names of ......LR (HCD) (2002) 523. ...... water connection to the tenants. He however lives outside the suit land. 6. On the pleading, various issues were framed. The plaintiffs examined three witnesses and adduced number of papers and documents, which were marked as exhibits No. 1 to l.(Ga), 2 to (Ka) and 3 while said defendants exam..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... shifts in the factory and number of bottle caps and concentrate imported annually and also distribution channel, the High Court Division erred in law in passing the impugned judgment. 2. Facts relevant for disposal are that the writ petitioner in Writ Petition No. 728 of 1990 states that by S...... 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. ...... ...... 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. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......charge under sections 302/34 of the Penal Code, to which the accuses pleaded not guilty and claimed to be tried. At the trial, the prosecution examined as many as 15 witnesses and exhibited some papers in support of its case while the defence examined none. 4. The learned Additional Sessio......Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
.... a result both Rasida and Dadi Shasuri Samarjan died. This witness also stated that the condemned prisoner did not cause any injury to his wife although his wife was standing in the court-yard at the relevant time. This witness also vehemently denied in cross-examination that the condemned prisoner ......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. ..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D......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. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....ng the Rule absolute, dismissing the suit, setting aside the judgment and decree of the Courts below decreeing the suit for specific performance of contract. 2. Facts relevant for disposal of this Rule are that the respondents being the owners and possessors of the s...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....y to be performed by Magistrate can be permitted in the interest of fair Judicial Inquiry when Police Personnel stand indicted for commission of offence. 20. In approaching the legal debate, the relevant laws in the Code of Criminal Procedure and Police Regulation may conveniently be noticed an...... full view of the public. The incident of violence, torture and atrocity upon her by police and incident of pitting shame and humiliation had been photographed and published in all the Daily Newspapers, the Complainant-petitioner out of shame and humiliation went into hide. The Complainant-peti......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......a ten lac while that of Truck Dhaka Na-1737 of Hindusthan Motors chassis would be seven lac. 9. The decree holder Bank did not file any written objection to the application. But it produced some papers in support of its case that the crankshaft of Truck, Na-239 was broken the truck was so recei......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....d the conviction is not for moral turpitude the petitioner should not be held to be disqualified to be a Member of Parliament or to act as such. 7. Before proceeding further let us look into the relevant provisions of the Constitution. Article 66 of the Constitution provides as follows: ......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. ...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001. Result: The appea......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. ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....uence of the abetment. This is applicable to the accused guarantor. Thus, we finally conclude that the High Court Division on a wrong notion proceeded to decide the issue before it and overlooked the relevant laws and consequently came to the wrong conclusion. In the result this appeal ......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. ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents Judgement August 22, 2001. ......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. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
.... the Specific Relief Act”. 15. So, the facts of those cases and the questions of law decided therein were quite different and, as such, the same are also not relevant in the instant case. 16. In view of the discussion made he...... 1 took the signature of the plaintiff in two blank sheets of paper, on the allegation that they would be required to grant receipt to the Eksona tenants of the plaintiff and the defendant used those papers in the said Rent Suit No. 732 of 1954, but not a word stated by the PW 1 in his evidence with......nbsp; Dudu Mia and others.........................................................Appellants ......tial relief. But in a case of document that is only voidable the case is otherwise as the party cannot impeach the arrangement affected by it without having it cancelled.…. A suit for avoiding documents to which the plaintiff was a party on such grounds of fraud, misrepresentation and undue i..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....en passed without giving an opportunity for defence to the person concerned. "No one can be condemned unheard, is one of the settled principles of law, and such a principle will be read into the relevant law, unless its application is excluded by express words. A duty is cast on every Administr......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ...... ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
.... station and they also requested respondent to cancel the timetable for smooth operation of Water Transport. It was also decided in a meeting of the Bangladesh Inland Water Transport Authority that relevant rules and practice were not followed in approving the time table. But in spite of that a t......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......il) Present: Mahmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Ap......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....the plaintiffs have no vested right whatsoever, the plaintiffs are not entitled to get any decree as claimed in the suit but the courts below totally ignoring these vital questions decreed the suit irrelevant on illegal considerations and the same has occasioned failure of justice. 8. Mr. Maksu......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ......lotment letter did not confer any right of title in the house in favour of the allottee. The learned Additional District Judge upon consideration of Ext. 3(b) came to the conclusion that “As no documents of contrary decision came from the custody of defendants hence I have nothing alternative ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....materials on record to uphold the finding of the trial Court that the defendants defaulted in the payment of rent. 7. Though the learned Judge of the High Court Division quoted the relevant portion of the deposition of DW 1 as noticed by us, but he failed to consider the sam......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......; Present: Latifur Rahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hosna Ara Begum and others .........Appellate Vs. Montaj Ali and others...............Respond ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....he suit may be taken up by the contending defendant. Under the circumstances I find that the local inspection of the gifted land as mentioned in the petition by the plaintiff-petitioner was neither irrelevant nor unnecessary. Rather, it appears that it is necessary to avoid future complication. The ......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul......t in possession of the suit land in part performance of the contract as claimed by the plaintiff and so the inspection as prayed, is necessary and the learned Assistant Judge, on consideration of the documents produced before it, passed the impugned order and accordingly, no interference is at all c..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....ficer that on being directed he recorded the dying declaration of Taslima. The witness could not say who directed him to record dying declaration of Taslima. 17. P.W.11, AKM Shahidul Hoque, at the relevant time was the Superintendent of Police, Chandpur. The witness has stated that on 28-12-1996 ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......soner Safia Khatoon. Death Reference No.17 of 1997 with Criminal Appeal No.1981 of 1997. Judgment Md. Ruhul Amin J.- Learned Judge of the Nari-o-Shisu Nirjatan Daman Bishes Adalat Chandpur in brief the Adalat, upon convicting the appellant-condemned-prisoner Babul Hossain and absco......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ew that we can dispose of these applications within a short compass without adverting to the nicety of arguments advanced by the parties in detail. 15. It would be profitable to refer to the relevant provisions of law before we enter into the merits of the case. Section 16 of the Ordinanc......biguity in the provisions of section 45 of the Ordinance, the question of interpreting the section in favour of the assessee does not arise at all. 14. We have perused the applications and the papers -annexed therewith and considered the submissions made by the learned advocates of the re......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......their accommodation and that for its maintenance some service charge is collected and that the dormitory building and Pathological Clinic are not for any business purpose or that to earn profit; that papers annexed to the Affidavit-in-Opposition in no way show that the Samity is engaged in any kind ......ction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Ku......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151...
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
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