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Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ...... Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Co......ce arrested him on 29.01.2000 as it appears from record. The petitioner did not file any appeal against the order of conviction and sentence within the statutory period of limitation as provided by law. Later on the petitioner filed an application under the section 561A of the Code of Criminal Pro..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
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. ......n safe dispensation of Criminal Justice. 47. In the premises of discourse made above the inevitable conclusion is as follows: A. Criminal Appeal No.836 of 2004 got merit. It succeeds and it accordingly stands allowed. B. Judgment of conviction and sentence recorded upon convict-appell...... Judgment February 20, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Kamruzzaman with Parvez Ahmed - For convict-appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General With Md. Ibrahim Khalil, Assistant Attorney-General - For State Respondent. Crim...... been on leave from 23.8.2001-1.9.2001. 15. P.W.8 Md. Monsur Ali, an employee of Agrani Bank, Bataichari Barra Branch provided Version that on the order of the authority he had gone to father-in law' s house of Gouri Deb and Gouri handed over key and a petition to him and he placed those to Man..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. ...... 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. ......………………………. Accused-Petitioner Vs. State …………………………………………………………..Opposite Party. Judgment February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Lat......he impugned order asking the accused-petitioner to withdraw the aforesaid civil suit as a condition of his release on bail. 5. We have heard the learned Counsel in support of the Rule arguing that law does not permit attaching such a condition to bail. The learned Advocate has drawn our attention..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......exual intercourse with her is not disputed. According to the prosecution, the victim, aged 13 years, was kidnapped by the appellant to marry her and then he committed rape upon her. On the other hand according to the defence the victim, aged 20 years, voluntarily went with the appellant and married .........Respondents Judgment February 7, 2006. Result: The appeal is dismissed with modification. A medical report is not the substantive evidence. The evidence given by the doctor in the Court on oath is the substantive evidence…………………(23) Cases Referred...... Court two certificates regarding the age of the victim. After filing of the instant case, accused Hannan filed a case against them. He added that his daughter was kept in the house of his brother-in-law Habib, fromwhere the accused again kidnapped her. He proved the petition of complaint as Exht.1 ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....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 that occasioned a failure of justice. He again submitted that both the courts below failed to consider the evidence both oral and...... But the plaintiff filed a suit being No.105 of 1977 in the 3rd Court of Munsif, Comilla in which they did not mention about the mortgage and as such the suit was hit by principle of res judicata and accordingly they lost the suit up to the High Court Division. So the mortgage dated 04-12-1947 was p......lip;………………………….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 othe......ced money and the courts below ought to have allowed the 2nd mortgage which no courts 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 p..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....ut he refused. Hence the suit. The plaintiff has come to court with clean hand bonafidely performing his part and seeks equity for specific performance of contract and thus he is entitled to get justice and equity. 58. We are, therefore, of the view that the plaintiff is entitled to a dec......the sale deed on her behalf; that the defendant No.1 decided and proposed to sell the suit property through her constituted attorney and the plaintiff also agreed to purchase the said property and accordingly the defendant No.1 through her constituted attorney entered into an agreement for sale ......……………………….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 de......s possible; that if the defendant No.1 caused any undue delay to effect the registration of the sale deed, the plaintiff would have the liberty to get the sale deed registered in accordance with law and that as the price of the suit property would be paid in foreign currency, the plaintiff app..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....ing the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legislature in order to close the
door of justice. …………………..(7)
Cases Referred
to-
57 DLR 164=25 BLD 171
La......is not permissible under the law.
5. Mr. Rafiq-ul-Huq the learned counsel
appearing for the respondent Agrani bank has contended that if arty application
is preferred by any 3rd party claimant according to the provision of civil
procedure code and the petitioner makes any claim in the prop......
The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003);
section 32
Furnishing of security under section 32 (2)
of the Act is a legal requirement. By reading sections 32(1) and (2) of the Ain together,
it can be inferred that the legislature seemed to have had the intention to
preclude t......udge of
the Artha Rin Adalat ought to have firstly given a decision requiring the
petitioner to furnish security on a given date affording the petitioner opportunity
to fulfil the requirement of law. The discretion of the Adalat in giving such
opportunity has not been curtailed by the legisl..
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)
....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: ......ter property, that the suit land and other lands of mouza Daulatpur and Kirtibashdi were taken in its possession by the Government under section 92 of the State Acquisition and Tenancy Act and were accordingly recorded in the newly prepared khatian No. 1 as khas land and the said land was settle...... Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs.......hin the period of limitation and as such the suit is also barred by limitation and this finding having been based on proper appreciation of evidence on record the learned Single Judge erred in law in not holding that the suit is barred by limitation and the last submission that the courts ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
.... erred in law in not allowing its such prayer for assistance to get such physical possession of the concerned properties.
6. Under such circumstances, the learned Advocate submits that for ends of justice and in exercising its jurisdiction as envisaged under Order XXI rule 98 of the Code, the nec......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.
......spondent
Judgment
December 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 i......rtha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha Rin Adalat Ain, 2003, praying for deployment of law enforcing agency for handing over the possession of the suit property in favour of the decree-ho..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....ith the
college authority, etc. Mr. Rahman submits that the impugned order of
dismissal of the plaintiff-petitioner is illegal, without lawful authority and
violative of the principle of natural justice having been passed without giving
her any opportunity of being heard. Referring Regulatio......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.
......
December 6, 2005.
Result:
The Rule is made absolute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and cannot
result into dismissal of the suit if the plaintiff is otherwise entitled to a
decree of her substantive reli......ining order of her dismissal to her
surprise. The order of her dismissal having been passed illegally without
service of any show cause notice, giving her any opportunity of being heard and
beyond lawful authority and in violation of Rules and Regulations of
Non-Government Intermediate College..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....r on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned order. He prayed for an interference by this Court with the impugne......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. ......site Parties No.1-3 has preferred Title 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 ...... 6. Mr. Md. Zakir Hossain, the learned Advocate for the Petitioner on appearing before this Court submitted that the learned Additional District Judge, 3rd Court, Dhaka has committed an error of law resulting in an error in the decision occasioning a failure of justice in passing the impugned ..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ...... the Registrar of Trade Marks on 6-8-2000 the date of hearing of the opposition case the petitioner instructed his lawyer to file Form TM 55 for an adjournment. The learned Advocate of the petitioner accordingly, filed an application in TM 55 on 3-8-2000 on payment of requisite fees and the petition....... The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......here was no possibility of collecting evidence from abroad for filing the same before the Registrar of Trade Marks on 6-8-2000 the date of hearing of the opposition case the petitioner instructed his lawyer to file Form TM 55 for an adjournment. The learned Advocate of the petitioner accordingly, fi..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
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.......mant Dhirua Rabi Das, son of the deceased Nainka Rabi Das, went to a nearby tea stall to have a cup of tea at about 8-00 PM. Subsequently at 8-30 PM, the informant heard outcries from their house and accordingly, rushed there and found his father Nainka Rabi Das restless and he was groaning with pro......………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BL......cognition, that is a 'Kupee' lamp, was not seized by the investigating officer and, as such, the prosecution was not able to prove the case of recognition of the assailant properly in accordance with law. It is also submitted that the condemned prisoner Maku Rabi Das had no previous bad record to pr..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....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. ......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. ......itioner Vs. The State………………………………………..Respondent Judgment October 23, 2005 Lawyers Involved: Abdul Malek, Senior Advocate,......ial particular, he shall be punishable with imprisonment for a term which may extend to three and shall also be liable to fine." 6. On perusal of the aforesaid provision of law it appears that any person failing to furnish the statement when called upon under section ..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....under section 396 of the Penal Code against all the accused persons, but later on the charge was altered to sections 448 and 302/34 of the Penal Code, to which they pleaded not guilty and demanded justice. 4. The defence case as it appears from the trend of cross-examination of the prosecut......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. ......…………………………………………..Appellants Vs. The State…………………………………………………………………….Respondent Judgment October 18, 2005. Result: The Appeal is allowed. Lawyers Involved: Syed Mizanur Ra......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. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
....rminal to the Cox's Bazar Zila Parishad are declared to 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. ......rminal to the Cox's Bazar Zila Parishad are declared to 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. ......desh and Others……………………………………………………………………….Respondents Judgment August 30, 2005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawy......, Cox's Bazar Pourashava to hand over the management of the Cox's Bazar Pourashava Central Bus Terminal to the Cox's Bazar Zila Parishad should not be declared to have been issued/passed/made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....ential relief, which is always permissible even before the apex Court. 7. Lastly, he read rules 23, 31 and 33 of Order XLI of the Code of Civil Procedure and submits that in order to do complete justice the Court of records always can allow the plaintiff to amend the plaint to give full relief ......fter completion of the work, he submitted a final bill for Taka 12, 30,423 out of which he received as part payments in total Taka 4, 98,691 on different dates from 30‑6‑89 to 11‑3‑90. He was accordingly, entitled to Taka 6, 29,316 including the earnest money. Defendant No.1 on 30‑6......aibandha and others……………Opposite Parties Judgment August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for rev......n appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order…&h..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....to contracts but the same is circumscribed by the overriding consideration of certain limitations including public policy. 35. The word 'public policy' is not easy to define but may include any injustice, oppression, restraint of liberty, commerce and natural or legal right, whatever tends to th......ter the signing of the said agreement between the petitioner and respondent, the BTRC has no authority to delete the 'co-exclusivity' clause in clause 2.3 of the Licence Agreement dated 12-7-2001 and accordingly, the High Court Division erred in holding that under the said provision of Bangladesh Te....................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain Singh vs Nayasher Prased and others, AIR 1930 (All) 1 (FB); Kalavagunta Venkata K......of the Licence Agreement cannot be operative. In addition, because of the non-obstante clause in section 5 of the BT Act, the provision of BT Act shall prevail in case of inconsistency with any other law in force. Clause 4-2-15 of the Agreement is to uphold the “exclusivity clause” (clause 2.3) ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......munications, Bangladesh
Secretariat, Ramna, Dhaka and others…………..............Respondents
Judgment
August 15, 2005.
Result:
The Rule is discharged.
Cases Referred to-
51 DLR (AD) 24; 54
DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of In......espondents with regard to International Tender No.2 of 2004-2005 dated
9.12.2004 is required to be set aside. He further submits that the respondents
acted illegally, improperly and without any lawful authority by approving the
recommendation/ decision of the Tender Evaluation Committee altho..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....the record that the compensation was assessed by the authority which was declined by the petitioners to accept (Annexure-B to the writ petition). In that view of the matter, we think that the ends of justice would be met if the authority is directed to dispose of the application filed on 16‑4......(3) of the Emergency Requisition of Property Act, 1948 was ever issued upon the owner of the requisitioned property and no compensation for the requisition was given to the owner of the said property accordingly. He has father submitted that no publication in the official gazette regarding the requi......ndents
Judgment
August 9, 2005.
Result:
The Rule is discharged.
The provisions as contemplated under section 5(7) of the Emergency Requisition of Property Act, 1948 is a directory one or mandatory………..(5)
The provisions of section 5(7) if not perfor......nd 645 of Mouza Joydebpur under Joydebpur Police Station in the District of then Dhaka at present Gazipur vide LA Case No.62 of 1969‑69 (Annexure-A) should not be declared to have been made without lawful authority and is of no legal effect.
2. The relevant fact for the purpose of disposal of..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
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