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Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......petition. 4. Mr. Md Nawab Ali, the learned Advocate-on‑Record appearing for the petitioner, submitted that the High Court Division committed an error of law in not holding the view that the conviction and sentence passed by the Special Tribunal Judge without examining the pro..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....duct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being i......s. 1087 & 1089 of 1997 for leave to appeal. Leave was granted to consider the following submissions:- "Mr. Khandker Mahbubuddin ahmed, the learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ...... learned Tribunal had also jurisdiction to direct the concerned authority to appoint another police officer to investigate in place of the police officer who held the investigation earlier. 11. In view of our finding above we are of the view that the impugned order of the learned Tribunal dischar..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......rate in nature and having no respect for law and order and no right, title and interest over the case land have been trying to disturb first party in their possession of the land and with that end in view the second party have been collecting arms and undesirable elements and are determined to oust ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. .......T., Mouza Map of Sutrapur etc. show that Defendant (Bangladesh Bank) became owner of suit property in 1981 by taking lease from D.I.T. i.e. prior to alleged purchase of plaintiff s vendor. 43. In view of discussion made above conclusion that can safely be reached is that suit property is acquire..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......999 when the decretal amount was paid, would be Taka 30,335,312 and not Taka 38,24,961. 7. Mr. Rafique‑ul-Huq, the learned Counsel appearing for the respondent, submitted that in view of the award dated 12‑8‑1997 for the decretal amount of Taka 1,37,66,309 to be pai..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....orm. In that view of the matter the decree passed by the High Court Division upon observing that plaintiff in the facts and circumstances of the case is entitled to a decree in the negative form is erroneous. 17. As to the maintainability of tile suit in spite of not being, one cover......ing been denied this right plaintiff can challenge the allotment on this score. But we mean that the plaintiff can challenge the process relating to the allotment as fraudulent and illegal in view of a particular fact that plaintiff’s application for getting lease of the suit land was..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......ntative. Abu Sayed Ahmed and others reported in 29 DLR (SC) 13. He submits that the notice under section 106 of the Transfer of Property Act has been duly and legally served upon the defendant and in view of the decision in the case of Sultana Vs. Syed Ahmed reported in 19 DLR 42 the trial Court has..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ce to sub‑section (2) of section 3 of the Special Powers Act, 1974 we find that the District Magistrate or the Additional District Magistrate has been empowered to make an order of detention with a view to preventing a person from indulging in any prejudicial act within the meaning of sections 2(f..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......ained for non-payment of the amount demanded by the Customs Authority by letter Annexure-A to the writ petition. 6. In the background of the afore state of the matter we are of the view that High Court Division was not justified in making the ad interim order directing t..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ...... the light of whose 'kupi‑bati' she (victim) could recognise the accused-appellant, had been examined in this case nor the prosecution felt it necessary to give an explanation for their absence. In view of such facts and circumstances, it is reasonable to hold that had they been examined, it would..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
.... returning to Bangladesh and there having been no verified pleading to the effect that they were stranded in Pakistan, the High Court Division relying on inadmissible piece of document and upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ...... to Bangladesh and there having been no verified pleading to the effect that they were stranded in Pakistan, the High Court Division relying on inadmissible piece of document and upon erroneous view of the provisions of President's Order No 149 of 1972 wrongly assumed that the writ petitione..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ...... if there has been no repeal of section 47 of the Code of Civil Procedure. A civil proceeding includes execution proceeding as well as appeal also. 8. In the above facts and circumstances and in view of my above discussion, I am of the view that the learned District Judge was not justified in r..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....bility in contempt and if the order is voidable, i.e., if the Court has initial jurisdiction to pass an order the violation of that will amount to contempt even if it is subsequently found to be erroneous or irregular on merit. As against that Dr. Zahir has made an extreme submission that ......on may be given upon the respondent to pay the balance amount of the compensation as early as possible according to the present market value as per Ordinance of 1982 and on humanitarian point of view this court also directed the respondents to allow the petitioner to remain in the suit (si..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......infirmity of the kind in the evidence of the witnesses relied upon by the High Court Division having not been pointed out making the evidence of the witnesses unworthy of consideration, we are of the view that no interference is called for by this Division in respect to the judgment and order of the..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......te Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......e having arisen out of an order passed by the Subordinate Judge allowing the prayer for amendment of the written statement, they do not have any locus standi to contest the impugned order and in that view of the matter, the learned Judges of the High Court Division fell into an error in transposing ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ...... or judicial confession made under section 164 of the Code of Criminal Procedure as stated hereinabove; that there are strong circumstantial evidence against the accused respondents and we are of the view that the High Court Division has fallen in error in weighing the evidence which are already on ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141