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Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....sh; For the State. Writ Petition No. 5050 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahm......and the laws of Bangladesh. 3. Their case is that in 1998, Ministry of Information invited tenders to install and operate a Television Channel under the private ownership and accordingly, tender notice was published in a national daily. As many as 17 enterprises participated in the tender. The ......1. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud respondent No. 7 (Annexure-"F") and the ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... Md. Abdur Rashid J.- This Rule was obtained by defendant Nos. 1 and 10 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 30-3-2000 passed by Additional District Judge, Court No. 2 at Barisal in Title Appeal No. 148 ......ely against and to the knowledge of all and such hostile possession have perfected their title in the suit land. 3. While they were thus owners in possession, on 29-5-95 defendant No. 1 served a notice under section 106 of the Transfer of Property Act. On inquiry, they came to learn t......……………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
.... March 9, 2002. The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the building by......e plan and investment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RAJUK cannot cancel such sanction in an arbitrary manner without giving notice to that party on the grounds as claimed by it. &n......cord‑ For the petitioners. Rafique‑ul‑Huq, Senior Advocate, instructed by, Mvi. Md Wahidullah, Advocate‑on‑Record‑For the Respondents. Civil Petition for Leave to Appeal No. 301 of 1999. (From the judgment and order dated 22‑91998 p..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....09;debtor‑petitioners arises from the 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 Execut...... contested the application of the judgment debtors stating, inter alia, that the judgment debtors and their engaged lawyer had knowledge of the execution case right from 20‑5‑1992 and the notices were duly served upon the substituted heirs of the original judgment debtors and that the ex...... Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 993 of 1999. (From the judgment of the High Court Divis..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....t has escaped consideration of the courts below. The courts below considered the evidence of PW 1 who in cross examination stated that the respondent had deposited the rent within 15 days from the date of return of the money order, but this oral evidence was not proved and documentary evidence sh...... below overlooked the fact that the rent deposited under the miscellaneous case was within the time as laid down in section 19(Ka) i.e. within 15 days of refusal and the High Court Division correctly noticed that this fact escaped consideration of the courts below. It appears that the trial Court an......enant has paid the rent within time under section 19 (Ka). Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑For the PetitionerNot represented‑The Respondent. Civil Petition for Leave to Appeal No. 1001 of 1999. Judgment Mainur Reza Chowdhury J: The plaintiff resp..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-8-2001 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7753, 7754 an...... 561A Under section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil su...... Respondent No. 2 (In Criminal Petition No. 167 of 2001). Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
....orney-General — For the Respondents.
Writ Petition No. 4101 of 1999.
Judgment
Md. Abdul Matin J.-The petitioner in this Rule has challenged an order being No. AP47/66/4392/Kashar dated 29-6-1998 passed by and under the signature of Assistant Commissioner, Housing and Settlement ...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......tle permanently at his own district town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the p..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....ame back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea o......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. ......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....; Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated 31 at May 2001 passed by the High Court Division In Civil Revision No. 4415 of 1997). ......nd signed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to the parties to cause any alteration, addition and modification in the judgment…&he......Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....02 of the Constitution of the People's Republic of Bangladesh sought personal security and protection from harassment and obtained a Rule. 8. The Metropolitan Magistrate, Dhaka by order dated 19.5.1999 sent the case record to the Chief Metropolitan Magistrate, Dhaka for recording Order......Revision No.680 of 2001 under section 439 of The Code of Criminal Procedure. 4. Portrayal of essential facts forcing the background of two criminal Revision Petition may succinctly be stated and noticed. 5. Moni Begum alias Moni, Petitioner of Criminal Revision No.683 of 1999 presented a p......Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara, Farmgate, Tejgaon, Dhaka............P..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....r Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates- Special appointment by the Government. Criminal Appeal No. 39 of 2001. (From judgment and order dated 22nd day of August, 2001 passed by the High Court Division in Criminal Miscellaneous Case No. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ground of his membership in the parliament………………….(9) (ii) A member of the parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.&n..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... of 1994. Judgment Md. Abdur Rashid J. - The above Rule was obtained by the judgment debtor upon making an application under section 115 of the Code of Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Executio......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. ......n 115 of the Code of Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgage..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....d directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of conviction and sentence dated 1-12-1998 passed by Mr. Ikteder Ahmed, Bicharak (District and Sessions Judge), Nari-O-Shishu N......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others, AIR 1986(SC) 1777. Lawyers Involved: Md. Idrisur Rahman with M.A. Mannan Khan and Md. Ekramul Islam- for the Petitioner. Taimur Alam Khandakar, Deputy Attorney General- for the Respondents. Writ ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....561A of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 1156 of 1999. A Division Bench made the Rule absolute and quashed the said proceedings against them by the judgment and order dated 17-8-99 which is impugned in the instant appeal. 5. The High Court Division quash...... record their submissions in the judgment as the issue before us is a very simple one. It is found from the quoted portion of the judgment of the High Court Division that the learned Judges failed to notice that the allegation in the FIR was not that the godown owner delivered the goods simply on th......1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment………&hellip..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....3 Ex Parte — Respondent Nos. 1, 2, 4-6. Criminal Appeal No. 41 of 2000. (From the judgment and order dated 10-7-2000 passed by the High Court Division in Contempt Petition No. 18 of 2000 arising out of......on the contemners on 18-7-1999 but in spite of receiving the same they did not honour the mandate of the High Court Division. Thereafter, the contempt petitioner through their learned Advocate issued notice on 4-7-1999 and also on 30-11-1999 upon the present appellant and others calling upon them to...... lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration which is also singularly absent in this case. ………&helli..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....cord — For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 337 of 1997 (From judgment dated 30th January, 1997 in Appeal No. 96 of 1992 of the Administrative Appellate Tribunal, Dhaka ...... Natural Justice Sending of letters to the address of the petitioner by registered post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the ......ocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondents. Civil Petition for Leave to Appeal No. 337 of 1997 (From judgment dated 30th January, 1997 in Appeal No. 96..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....m their record that registration stands in the name of others the results of the petitioners were withheld and ultimately cancelled. 37. Mr. Ashadullah next submits that since the number of candidate for the examination was very high it was not possible for the Board to detect the irregularitie...... is directed to make a proper inquiry as to who are responsible for the alleged fake registration of the petitioners as early as possible within a period not exceeding 3(three) months, issuing proper notice to the petitioners and others concerned to show cause as to why they shall not be liable for ......and others…………………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
.... Md. Fazlul Karim J.- This petition for leave to appeal by the petitioner Board is directed against judgment and order dated 27‑11‑2000 passed in Writ Petition No. 5537 of 2000 discharging the Rule thereby ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ...... July 4, 2001. The Payment of Wages Act, 1936 (IV of 1936), Section 15 An application under section 25(1)(b) may be treated as an application under the Payment of Wages Act, 1936 for realisation of the benefits consequent upon retirement of the deceased worker, in favour of the..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....ds. Firstly, the case is not maintainable as it was not filed by the payee or the holder of the cheque and secondly, the cheque was not presented to the bank within a period of 6(six) months from the date on which it was drawn. 4. The learned Lawyer for the petitioner has argued first that the ca......ount on 24‑8‑1996. Abdul Motaleb deposited the said cheque in the bank on 8‑4-1997 for encashment, but the cheque was dishonoured for insufficient fund in the account. Abdul Motaleb then gave a notice to the accused petitioner on 29‑4‑1997 asking him to refund the money but the accused pet......ite Party ‑State. Criminal Miscellaneous Case No. 2860 of 1999. Judgment Namun Ara Sultana J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Case No. 207C of 1997 (Kotwali) under section 138 of Negotiable Instr..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....p; Md. Ruhul Amin J.- Respondent No. 1 of the Writ Petition No. 1041 of 2000 has filed this petition for leave to appeal against the judgment and order dated 10th August, 2000 by a Division Bench of the High Court Division making the Rule absolute decl......he also wrote letter to the Ministry of Finance and to the Additional Secretary, Ministry of Finance seeking their intervention in the matter but in vain. Thereafter the respondent No. 1 upon serving notice demanding justice upon the Board on 28th February, 2000 moved the High Court Division in writ......, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record ‑ For the Respondent No. 1. Not represented ‑ Respondent No.2. Civil Petition for Leave to Appeal No. 1205 of 2000. Judgment &n..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
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