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Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......s unfettered power to the Government to "pick and choose" a person at its sweet will and appoint him Nikah Registrar and give him unlimited area jurisdiction to perform his functions in the absence of guideline of the legislature. The unfettered power allows the respondent-Government to ex......ule 10 as amended by SRO No.273 dated 2‑10‑2002. 3. In Writ Petition No.4571 of 2003 the petitioner has also challenged the curtailment of his Nikah Registry area i.e. Paksmia Union from his jurisdiction vide Memo No.915(11)/Bichar/7/2N-18/73 dated 25‑6‑2003 (Annexure D). No A..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....in paragraphs 58 and 59 of its judgment and evidence of accomplice Noor Alam was discussed with all legal aspects at paragraph 60 of the judgment. The High Court Division also made assessment of total evidence ofthe PWs on record. The High Court Division also distinguished the case of Ershad Al......ore prolonged." 22. In that case it was further held that. in such a case all those accused to whom the Court attributes the intention of causing death in a brutal manner should (in the absence of some other circumstances justifying the imposition of the lesser penalty) be awarded the ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
...... Relief Act, 1887 (1 of 1887), Section 42
Court of appeal below being the final court of fact having legally reversed the finding of the trial court and the High Court Division in their revisional jurisdiction having committed, no illegality in summarily rejecting the revisional application there..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......taken to hospital and there she tasted the icy touch of death. Revolting and beastly incident took place on 8‑12-1999 in the house of Md. Awal Fakir where Rehana Begum was taken on a visit in the absence of her elder sister Tara Begum who called on in the house of one of her relations. 3. F......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......the writ petitioner No. 1 and was appointed and discharged from service by the writ petitioner No. 1 and has no connection whatsoever with appellant No. 2, as such, the case is within the exclusive jurisdiction of Labour Court, II, Chittagong vide Notification dated 22nd April, 1980 and Notificat..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......or the parties challenged the power of the High Court Division to review its order made under Article 102 of the Constitution". The fact of the aforesaid case is that a writ petition was heard in the absence of one of the respondents and the Rule was made absolute. Thereupon, respondent in whose abs...... cause notice and the date of cancellation of the lease, that the High Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is not maintainable, that new relevant facts having bearing on the c..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......said Execution Case. The Court of Assistant Judge rejected the said prayer by the order dated September 19, 2000, The petitioners as against the said order moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division in the background of the facts and circu..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......etropolitan Magistrate without giving the parties an Opportunity to fight out their claim at the final hearing of the proceedings. According to him, the learned Sessions Judge practically usurped the jurisdiction of the learned Chief Metropolitan Magistrate at the very initial stage of the proceedin..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....and Gonesh Mondal got the land of Mouza Ganakbari so to avoid future complication Gonesh Mondal's son Haripada Mondal executed a "nadabi potro" in respect of the land of Mouza Sarabo. The total quantity of land in CS and RS is 34.64 acres of land and out of that plaintiffs are claiming ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... State..............Respondents Judgement October 28, 2003. Moral conviction deprecated Findings of both the courts are totally wrong as it is a case of no evidence and both the Courts were swayed by emotions and not b......209;Nirjatan Case No. 26 of 1997. 2. Prosecution case is that the informant has a shop of bricks and sand at Kankirhat Bazar and his daughter Parul Akther used to sit in that shop in his absence. On the morning of 7‑4‑97 the informant went to Langolkote Bazar for bricks and ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
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. ......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......urt 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 prosecution witnesses is illegal and without jurisdiction being violative of settled principles of law. The learned Advocate‑on-Record..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....h fraudulent misrepresentation and that he wanted to continue in possession along with the title documents without payment of the balance amount for as long as he could without noticing that out of a total consideration money of Tk. 2 lakhs the petitioner has already paid Tk. 1,37,000/- to the respo......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..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. ......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. ......on of any witness and urged upon the learned Tribunal to take cognisance against the accused of the offence under sections 8 and 30 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 by exercising its jurisdiction under section 27(1) of the said Ain. Subsequent events show that in support of the said..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....eding Khatian Chandra and others, who were the RS recorded owners, and the predecessors of both the first parties and the second parties are Taimum Golal and Nazar Ali respectively, who purchased the total lands under RS Khatian No. 56 measuring 22.61 acres equally. Thereafter Mr. R Khatian was reco......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: ......and others.....................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and ..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. ......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. ...... Ministry of Industries to one Saiyed Shahidul Huq, Defendant no.1 and the lease matter and subsequent deeds of transfer by Defendant no.1 to other defendants are absolutely void, illegal and without jurisdiction and learned judge failed to take into account the legal implications of Gazette Notific..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
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. ......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. ......998 @ 16% is Taka 30,28,586 and not Taka 38,24,961 as prayed for in the petition for amendment of the execution petition and allowed by the Court. He lastly, submits that the trial Court had no jurisdiction to amend the petition for execution as law does not provide for such amendment."..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)
....g that the plaintiff is entitled to negative relief although relief sought was not negative one and the decree passed is also not of the negative nature. The learned Counsel continued that there is total lack of particulars of facts to substantiate allegations of fraud and there is no specificati......the land in question was disposed of could not be considered legal and the procedure followed was not transparent. 13. It is the contention of the respondent No. 1 that there is total absence of the business of clinic and hospital in the object clauses of the Memorandum of Company o......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......lip;……………………………Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......dents
Judgment
August 11, 2003.
Result:
The Rule is made absolute.
Under section 5(4) of the Artha Rin Adalat Ain, Artha Rin Adalat is a Civil Court having all the powers and jurisdiction under the Civil Procedure Code subject to the provision of the Artha Rin Adalat Ain and..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
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. ......including the plaint, written statement, deposition of the witnesses and the exhibits. Mr. Fazlul Karim, the learned Advocate appearing for the appellant, submits that the suit is not maintainable in absence of a proper notice under section 111(g) of the Transfer of Property Act prior to the notice ....... 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. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
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