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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. ......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. ......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. ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross-examination, is total denial and their, inter alia, case is that no occurrence took place on the date, time, place a......defence suggestion that he filed this false case at the instance of enemies of the accused-appellant. 11. PW2, the victim, claimed that the accused appellant used to give ill proposal during the absence of her husband, but she did not agree. She, however, claimed that in the night of occurrence...... 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. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citize......nt. As Lord Atkinson pointed out in his speech in 1928 A C (at page 64)- "An Act of parliament does not alter the law by merely betraying an erroneous opinion of it." 25. In American jurisdiction it has been said: "We are not limited to the lifeless words of the statute and ..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. ......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. ......e Miscellaneous Appeal No.8 of 1992 for admission hearing and after hearing the appellants held that since section 47 CPC has been omitted by the Ordinance XLVIII of 1983 the Subordinate Judge had no jurisdiction to entertain any matter under section 47 of the CPC and, as such, the Miscellaneous App..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
.... is not without any remedy in respect of amount of compensation. Here the contemner No.3 also asserted that the contents of the affidavit sworn by one Lieutenant Colonel M. Lutfar Rahman is totally concocted and false and the same has been created for the purpose of the contempt ......y of persons is empowered to take decisions after ex post facto investigation into facts which would result in consequences affecting the person, property or other right of another person then in the absence of any express words in the enactment giving such power excluding the application of the pri......that the instant application for contempt does not lie inasmuch as the order the violation of which is complained of is a nullity in the eye of law as that order was passed by this Court without jurisdiction. Therefore, it is contended in this supplementary affidavit that if an order is passed ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....dant No. 3. 3. Plaintiffs have filed the suit stating, inter alia, that the land in suit belongs to defendant No. 1 and, he has entered into an agreement with them to sell the said property for a total consideration of Taka 15, 00,000 and upon receiving Taka 7,00,000 out of the total considerati......the stipulated time and as he refused to execute and register the kabala on January 15,1984, hence the suit. 4. The defendant No. 1 contested the suit taking the general pleas of maintainability, absence of cause of action and of being barred by limitation bad for defect of parties being not 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. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....cific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of Tk. 1,50,000/- and when respondent No. 8 tried to avoid execution and reg...... 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: ...... 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: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be adjudicated in the writ jurisdiction; that the employment of the writ‑petitioners were on contract basis and the terms and..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......y person who has filed a false case or a complaint or got such a case or complaint filed by any other person with a view to causing harm to the person against whom such case or complaint filed in the absence of any written complaint made by any person as provided by sub-section (2) of the said secti......f the criminal proceeding against the informant and, in that view of the matter, the order of the learned Tribunal directing the Magistrate to file a case against the informant is illegal and without jurisdiction. The learned Advocate further submits that if it is found on a petition made before the..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......nt on appeal and the appellate Court, upon modifying the sentence to simple imprisonment from rigorous imprisonment, dismissed the appeal. The appellant moved the High Court Division in revisional jurisdiction, but did not have desired result. 3. Leave was granted to consider the s..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......e Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an application under section 85(3) of the Companies Act invoking the provision of secti...... a Miscellaneous Appeal being Miscellaneous Appeal No. 287 of 1998 in the Court of District Judge but its prayer for stay being refused, the company moved the High Court Division in its revisional jurisdiction in Civil Revision No. 5060 of 1998. After hearing, the Rule in the civil revision was ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......the case was taken up by the Metropolitan Magistrate on 15‑7‑2001 for framing charge. On that date the convict respondents did not appear in the Court nor filed any application for time for their absence. Instead, a lawyer appearing on their behalf filed an application for time to enable them to......,000 from the realised fine be paid to the appellant. 4. Against the judgment of the lower appellate Court, the convict respondents moved the High Court Division in its criminal revisional jurisdiction in Criminal Revision No. 664 of 2001 and obtained a Rule which was subsequently made ab..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....t any rate upon a misconception of facts and contrary to the findings of the learned Judge of the High Court Division. 10. Prosecution case against the appellant at the trial was that he in total withdrew 69 metric tons of wheat for development of school field and for filling up a pond and...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ...... of Act II of 1947 is set aside and he is acquitted of the charges leveled against him. The appellant is discharged from his bail bond. Ed. This Case is also Reported in: 1 ADC (2004) 9. ..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ...... in the case of Md. Rafiqul Alam Vs. Mustafa Kamal and others reported in 1990 BLD (AD) 151=42 DLR (AD) 137. Mr. Halder by referring to paragraph 9 of the latter decision submits that civil Court has jurisdiction to entertain any election dispute provided it can be shown that the action challenged i..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......l have the force of law. But the learned Counsel failed to point out that in the same paragraph it is stated that such administrative actions will have force of law only when a void is created by the absence of law and rules framed under the constitutional provision. In this particular case we find ......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......he open market are led to believe that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have a problem acquiring legal title. In the absence of this assurance, free sale and purchase of shares in the stock exchange is impossible&hel......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......e petitioners did not restore vacant possession of respondent's property in compliance with the judgment and order of the Court of Settlement, the respondent moved the High Court Division in its writ jurisdiction by filing Writ Petition No. 5021 of 1999 seeking direction on the petitioners to restor..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....e of incorporation, out of which 500 shares were issued to Mr. Md. Ashraf Ahmed, the late husband of the respondent No. 1 and 500 each to the two daughters, Mrs. Rehana and Shahana Ahmed making of total of 1500 shares. Ashraf Ahmed, Mrs. Rehana Ahmed and Mrs. Shahana Ahmed were amongst the first......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......eight that were of the company returned from Chittagong Branch and which had been deposited in the company's Bank Account. Further Taka 8 lac were shown on the balance sheet as expenditure without jurisdiction. Further, other expenditures were grossly exaggerated on the profit and loss accounts,..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
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