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Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)

.... 56 In a suit for permanent injunction simpliciter an issue, whether the registered deed is forged or not, can not be decided.  Lawyers Involved:   Khondker Mahbubuddin Ahmed, Senior Advocate (Prabir Haider Advocate with him) instructed by Md Nawab Ali, Advocate‑on‑Record......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. ......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. ..

Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164

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

....un Karmaker vs State and others 53 DLR 135; Arun Karmakar vs State 7 MLR (AD) 82 = 7 BLC (AD) 61; Md Sayedul Arefin vs YO Gafur AIR 1916 (PC) 242. Lawyers Involved: Md. Fazlul Karim Senior Advocate Shahidul Islam, Advocate with him instructed by Md. Nawab Ali, Advocate‑on......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. ......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. ..

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 ......orney-General warrant an institution of a contempt proceeding against it, it should also warranted at the same time the scrutiny of the cassette in the hands of the Honorable President by the Supreme Judicial Council. If the report based on such cassette is considered contumacious, then the contents......e in such matters as when he hears and disposes of cases before him, though the procedure may be different or the place where he sits may be different. Any scurrilous attack by a subordinate Judicial Officer facing disciplinary proceedings directed against a Judge of the superior Court imputing mala..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)

....The accused persons had dispute with the son‑in‑law of the informant, in respect of purchasing of a homestead belonging to a member of Hindu Community. 6. Mr. Shawkat Ali Khan, the learned Senior Counsel appearing for the appellants, submits that the prosecution has hopelessly failed to p......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. ...... Additional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur. 5. During trial prosecution examined as many as 8 witnesses including Doctor and investigating Officer. PW Nos. 2, 4‑5 were declared hostile. Charge was framed under section 6(1) of the Nari-­..

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....... 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.......en the charges were read over to the accused persons, they pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined 10 (ten) PWs including the informant, Investigating Officer and the Medical Officer, who examined the victim to ascertain her age. The accused persons a..

Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82

Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)

..... When the petitioners were parties in the original suit by filing a subsequent suit further proceeding of the execution case cannot be stayed. Lawyers Involved: Khandoker Mahbubuddin Ahmed, Senior Advocate, instructed by Md Ataur Rahman Khan, Advocate‑on ­Record ‑For the Petitioner ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..

Category: Property Law | Date: 30 Apr, 2002 | Hits: 121

Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)

....filing the case where there is substantial public interest involved, there is no wrong in passing the order in condoning the delay.    Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Chowdhury AM Zahangir, Advocate‑on‑ Record‑For the......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. ......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. ..

Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....laim of long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on­ Record‑For the Appellants. ......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. ......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. ..

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

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

....……(14)    Case Referred to-   Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136.   Lawyers Involved:   Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate‑on‑Record ‑For the Appellant. &......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.  ......74 no vested property case can be started thereafter on the basis of the law already dead………………(14)    Case Referred to-   Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136.   Lawyers Involved:   Abdul Wadud Bhuiyan,..

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.   ......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.   ......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)

....stopped paying rents. Thereafter, serving a notice under section 106 of the Transfer of Property Act on 29-5-95 tenancy was terminated and instituted SCC Suit No. 10 of 1995 in the Court of Senior Assistant Judge at Sadar in Barisal for eviction of plaintiff No. 1. 5. The case of defe......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.   ......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.   ..

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

Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).

....-   Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289.   Lawyers Involved:   Rafique‑ul‑Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑For the A...... The appeal is allowed without any order as to cost.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 93.  ...... The appeal is allowed without any order as to cost.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 93.  ..

Category: Property Law | Date: 18 Mar, 2002 | Hits: 80

Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)

.... Case Referred to- Secretary, Ministry of Industries, Nationalised Industries Division vs. Saleli Ahmed and another 46 DLR (AD) 148. Lawyers Involved:  Mahmudul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑ For the petitione......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......he apartments and granted several advance bookings for such sales against payments made by the intending buyers. While the construction was going on in full swing the petitioner No. 3, the Authorised Officer of RAJUK, issued the impugned memo dated 27‑5‑1998 canceling the plan on the all..

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202

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

.... Khalil Miah, Advocate—For Opposite Parties No. 1-5. Civil Revision No. 5515 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposit......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. ......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. ..

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

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

.... judgment passed by a Single Judge of the High Court Division in Civil Revision No. 2849 of 1992 making the Rule absolute and setting aside the Order No. 24 dated 26‑10‑1992 passed by the Senior Assistant Judge, Sadar Cox's Bazar in other Execution Case No. 70 of 1964 allowing an applica......   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ......   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)

....of the Premises Rent Control Ordinance, 19631. On appeal by the plaintiff‑respondent, the learned Subordinate Judge Rangpur in Miscellaneous Appeal No. 7 of 1992 affirmed the judgment passed by the Senior Assistant Judge and dismissed the appeal. The appellate Court found that as per contract and ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ..

Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....nce there is a prima facie case the criminal case cannot be quashed……(5)       Lawyers Involved:    KZ Alam, Senior Advocate, instructed by Md. Ahsan Ullah Patwari, Advocate-on-Record-For the Petitioner (In al......   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ......   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ..

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....dditional Attorney‑General, (Md. Feroz Shah, Assistant Attorney‑General with him) instructed by B Hossain, Advocate‑on‑Record‑For the Appellants (In all the cases). Syed Ishtiaq Ahmed, Senior Advocate and Rafique­ul‑Huq, Senior Advocate instructed by Md. Wahidullah, Advocate‑onâ€...... 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. ......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. ......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)

....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. ......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. ......me date by appointing an Advocate with the same prayer stating that the condemned prisoner was of unsound mind. 5. The learned Sessions Judge hereupon allowed the prayer and directed the Medical Officer, Mymensingh Jail, to submit a report by 12-7-1993 regarding the mental condition of the cond..

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