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Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ettlement case No.92/88(Ka‑Block‑D, Mohammadpur) to exclude the said house property from the "Ka" list of abandoned property. The Court of Settlement, subsequently on misconstruction of facts and law in the matter rejected the case of the petitioner refusing to exclude the same from th......ereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplate...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2003, which stayed further proceedings of the suit. 2. Short facts for disposal of the Rule are that the plaintiff, Civil. Engineering Co instituted the suit aga......nal Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J Civil Engineering Co.....................................Petitioner Vs. Mahkota Technology SDN BHD and others..........Opposite Parties Judgment November 10, 2004. Result: The Rul...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......bsp; Ed. ...... FIR was lodged and ultimately charge‑sheet was submitted against the appellants. Charge was framed against them under sections 302/149 of the Penal Code and trial Court on consideration of the evidence on record found them guilty of the charge and sentenced each of them to imprisonment for li..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....wing partly an application filed by the Election Petitioner directing the Returning Officer and Deputy Commissioner, Kishorganj to send the documents in the schedule of the application. 2. The facts leading to the appeal are that, the respondent No.1 filed Election Petition No. 2 of 2001 befo......JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Dr. Alauddin Ahmed ................................Appellant Vs. Md. Idris Ali Bhuiyan and others……….......Respondents Judgment October 30, 2004. The Representat......y show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election ………………………..(19) Cases Referr..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
....s that the petition of complaint was lodged after 2½ months and there was a marriage and the doctor found that there was no sign of rape and she is habituated with sexual intercourse. Under these facts and circumstance we find reason to interfere into the Judgment and order of conviction dated ......ra, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.5780 of 2003. Judgment Syed Muhammad Dastagir Husain J.- This Rule is directed as against the Judgment and order of conviction dated 1.7.2002 passed by the Nari-O-Shishu Nirjatan Damon Tribunal, Chandpu...... of abduction. Further submits that there is no sign of rape as per medical certificate given by the doctor and the petition of complaint was lodged after 2/2 months and as such the credibility of evidences are beyond the reasonable doubt thus the order of conviction amounts to abuse of process ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....n 20-9-2004 at 11-00 AM and accordingly, the accused having been produced before this Court, we made some queries directly from him and we have seen him in prison before us. 4. It appears from the facts and circumstances and materials placed before us that accused Partha had already been taken on......orted in: 56 DLR (HCD) (2004) 620. ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....peal by leave is directed against the judgment and order dated 9‑4-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4959 of 1999 making the Rule absolute. 2. Short facts are that the pre‑emptor filed Miscellaneous Case No.180 of 1982 in the 2nd Court of Assistan......05) 23.......fect whether the pre‑emptor has acquiescence in the purchase or in the subsequent retention of the case land by the pre-emptee-purchasers and also to give opportunity to the parties to adduce fresh evidence in support of their respective case if they wish to do so. 5. Being aggrieved the pre‑e..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ......ellip;……….Respondent Judgment August 18, 2004. Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jute Mills Co. Ltd. Vs. Raymon and Co. India (Pvt.), AIR 1963 ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: T.........................Respondents Judgment August 17, 2004. Result: The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possessi..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ......Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is al......ificate Officer. The plaintiff also adjured number of papers, which were marked as exhibits 1 to 6 series while those of the defendants marked as Exhibit 'Ka' to 'Ja'. 16. On the evidence oral and documentary on record, learned Subordinate Judge found that on 20-1‑85 judgment ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
.... affirmed the decision of the Waqf Administrator dated 12‑3‑97. 3. Against the same order, Motahar Hossain Choudhury as Mutawalli presented the appeal. The proceedings arise out of following facts and circumstances. 4. One Tofazzal Ali Choudhury created a waqf of 59.945 acres of land a......; Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others……………………………Op......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....ed Counsel in support of his aforesaid contention has referred to the case of Md. Shamsuddin vs. State and others reported in 40 DLR (AD) 69. The fact of the reported case is distinguishable from the facts of the instant case and, as such, the view expressed by this Division there in the background ...... Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents Judgment August 10, 2004. ......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....ld archaic and cryptic wordings, coverage and language. Documents should be short, precise and to the point. It is therefore, not only necessary to select the right type of documents according to the facts and circumstances of each case but also to guard against any addition and alteration which sho......Reported in: 57 DLR (2005) 643.
......rly kept by the bank in the course of business are no doubt relevant at the trial. The bank is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree aga..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....st by observing the formalities but subsequently proceeded to terminate the petitioner without any stigma or charge and there is hardly any scope to go behind the letter of termination in the given facts to see the real purpose of termination. No material other than the said altercation with one ...... Md. Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J SM Salim .....................................................Petitioner Vs. Chairman, Chittagong Club Ltd. and others …….....Respondents Judgment August 1, 2004. The......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
.... Revision No. 980 of 2003 seeks leave to appeal against the judgment and order dated 26‑5‑2004 passed by a Division Bench of the High Court Division in the aforesaid Criminal Revision. 2. The facts, in brief, leading to the leave petition are that the respondent lodged a First Information Re......secution is a discretion of the Court. Exercise of such discretion cannot ordinarily be questioned. Of course, the discretion must be shown to have been exercised judicially. So judgement and order of the trial court refusing the prayer for withdrawal from the prosecution and affirming t...... being accepted the case was sent to the learned Judge. Druto Bichar Tribunal No.4, Dhaka for trial and the trial Court framed charges accordingly against the accused and the case has been fixed for evidence. In the meantime the Government issued memo dated 14‑7‑2003 (Annexure‑D to the crimin..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....en statements of the appellant and erred in law to consider the question of hardship in performing the contract. In view of the provision of section 22(ii) of the Specific Relief Act, 1877 and on the facts and circumstances of the case and the reliance placed on the verbal promise of the father of t...... S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other……………………………&he......m; (ii) is the suit barred by limitation; (iii) are the plaintiffs entitled to get a decree as prayed for and (iv) what relief are the plaintiffs entitled to? Thereafter, the learned trial Court took evidences and decreed the suit and directed the appellant to execute and register the sale deed with..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....ther dispossessed nor discontinued the possession because a third person has taken away the possession. But whether such a possession constitutes an adverse possession, is a mixed question of law and facts. In a case of acquiring title by adverse possession, the possessor has to remain in an un......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h......amending the plaint in the Court of the Subordinate Judge. Thakurgaon and the suit has been registered as the Other Suit No.5 of 1984 and during trial of the case neither party adduced any additional evidence, but relied upon the evidence recorded earlier in the Other Class Suit No.18 of 1980. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....l against the ex parte decree dated 15‑5‑02 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.1 of 1999, which made the award dated 19‑9‑98 Rule of the Court. 2. Short facts giving rise to the appeal are contended that whole arbitration proceeding was that, the respon......ivil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Amin J Chairman, RAJUK.................................................. Appellant Vs. MN Alam and Associates Limited..............................Respondent Judgment July 27, 2004. ......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....in) pending in Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka (hereinafter referred as the Tribunal) shall not be quashed. As the subject matter of both the Rules and the questions of law and facts involved therein are same, the Rules have been heard together and are being disposed of by thi......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J MM Ishak....................Accused Petitioner Vs. State and another .......................Opposite Partes Judgment July 25, 2004. Result: Both ......ection 11 of the Ain. Thus the allegations made in the first information report constitute offence punishable under sections 11(kha)/30 of the Ain. He further submits that at the time of trial taking evidence it will be determined actually what sort of hurt was caused by the accused husband to his i..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....petitioner even if the writ‑petitioner does not fulfil the conditions/criteria for having allotment of the land as affected person. The learned Counsel further submits that in the background of the facts and circumstances of the writ petitioner's case the order of the High Court Division directing......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Kartipakhya (RAJUK) represented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the H......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
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