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MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......aint filed by the complainant-opposite party. The case of the complainant, in short, was that he was the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to sell some land to Abdul Motaleb at a consideration of Taka 3,50,000 and Abdul Motaleb paid that consideration ......1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
..... 5. Mr. Tafailur Rahman, learned Counsel appearing for the petitioner submits that there being no unintentional delay on the part of the petitioner (Privatization Board) in handing over possession of the enterprise to the respondent No. 1, the High Court Division was in error in holdin......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ...... of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......tioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......edure was untenable and an application under section 439 of the Code of Criminal Procedure was competent and application laid under section 498 of the Code of Criminal Procedure might be dismissed on question of maintainability. 10. Law and principles regulating cancellation of bail may be look..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......ummarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......application as not being pressed, heard the application on merit. The High Court Division held that since Artha Rin Adalat Act was a special law and special provision having been provided in the Act, question of entertaining an application under Article 102 of the Constitution against the judgment a..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....ondary evidence unless a proper case is made out for its acceptance under sections 65 and 66 of the Evidence Act, which provide- “65. (a) when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person......2-90 informed defendant No. 1 to determine the valuation of the houses. The Executive Engineer accordingly assessed the construction cost of each house at Taka 24,537.77 and the price of per bigha of land at Taka 5.50 lac. The Executive Engineer again estimated the construction cost for each unit at...... guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......r appeal dated 26-12-93 and their application dated 11-7-94 could not be considered for administrative reasons. It has been stated in the plaint the alleged fixation of valuation of the structures in question by defendant No. 1 is arbitrary and mala fide. The plaintiffs subsequently made repeated re..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ....... Respondent Nos. 1 to 27 as plaintiffs instituted Partition Suit No. 275 of 1983 before the learned Assistant Judge, Cox's Bazar praying for declaration of title and partition in respect of the suit land comprising an area of 2 acres impleading the predecessor of the present appellants and other de......5 DLR (AD) (2003) 60. ......rt Division the petitioners moved this Division and leave was granted in the following terms: “It is argued on, behalf of the petitioners that there can be no question of abatement but for the combined application of the provision of Order XXII, rules 3 and 4..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ...... Latifur Rahman CJ M Amin Chowdhury J &......tion No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whether the order of termination of the respondent passed by..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the suit land and disturbing the peaceful possession of the plaintiff therein stating, inter alia, that the suit land, which consists of 54 de......t aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the suit land and disturbing the peaceful possession of the plaintiff therein stating, inter alia, that the s......s. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain Vs. Mostafa Hossain, 40 DLR (AD) 20, Mahmud Ibne Abbas Vs. Begum Momtaz Hossain, 45 DLR 421, Nur ......ld as follows: “In view of the averments made by the contending parties it appears that in order to ascertain whether the deed of gift was acted upon i.e. whether possession of the land in question was delivered to the donee is a material one as because if it is found that the possession ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ...... condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. .......W.8. But it is seen from evidence of P.W.8 at the time of recording the dying declaration of Taslima he did not allow any relation of the victim or any outsider to be present inside the ward. So the question of P.W.4’s being present at the time of recording dying declaration and that hearing the ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......tries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
......or the sake of argument if it is taken that the marriage was dissolved, even then there was no legal bar for Sahida to remarry Saiful without an intervening marriage with a third person. The fatwa in question is wrong.
8. After placing the affidavit and annexures thereto on behalf of the interven..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......lso Reported in: 26 BLD (HCD) (2007) 57. ...... Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For Respondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these references and as such the applications were hear..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151....... declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......s not engaged in any business to earn profit, nor as it is not rendering any service to earn profit and that the persons employed by the Samity for obtaining its aims and objects being not worker the question of forming trade Union does not come, as such certificate of registration that has been iss..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
.... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......cial Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......of the Code and section 10(4) of the Act were required to be kept in view, which was not done by the Divisional Special Judge and the High Court Division was not near this point of law which raised a question of public importance. On the aforesaid ground leave was granted.
4. The informant on ..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....icted and sentenced under sections 302/109 of the Penal Code. It was observed in that case that the first two appellants would be guilty of murder and the other for abetment thereof and also being in possession of or going armed with arms punishable under section 19A of the Arms Act. It was further ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......cords of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......as further held that the principle of res judicata does and should apply to criminal proceedings in the same way as to civil proceedings inasmuch as a person cannot be called upon to contest the same question over and over again. But in order that the said principle may apply, the necessary ingredie..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......erved by her in-laws on 7-3-98 and accordingly, their marriage was registered at Kazi Office of 9 Vadra Union Parishad, under PS Nagarpur, District Tangail on 9-3-98 (Annexure B and B-1). The girl in question belongs to a Hindu family which refused to accept her marriage to a Muslim boy. She finally..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......rmant is his mother’s sister and the alleged victim is his cousin who is aged about 19 years and their families had discussed about their marriage. In the meanwhile due to some dispute regarding landed property, inherited from the grand-parents, between the two sisters (mothers of the respecti......ditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......t Division in recent times (as in the present cases) upsetting the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Before entering into the question at issue, the facts of the two cases may be briefly noticed in order to appreciate the ge..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......charged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......est from different Banks by exerting his influence as a Director. Thereafter, by letter dated 13-7-97 earlier decision of remission of interest of the petitioner was kept in abeyance. 5. Now the question is, whether respondent No.1 can be directed to allow the petitioner to pay the balance inte..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
....ved on him on 12th December, 1990 and lie was taken from the Sena Bhaban to a house, House No. 10 Road No. 84 in Gulshan Model Town. On that date the Log Area Commander constituted a Board for taking possession of the Sena Bhaban. On 13th December, 1990 two more members were included in that Board. ...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......e provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in t..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
.... void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Cherag Ali. The plaintiffs are in possession of the suit land and they have come to know very recently that the plaintiff Cherag Ali w......suits for declaration that the two kabalas are forged, false, fraudulent, void, without consideration and not binding upon the plaintiffs. The plaint case is that the plaintiffs are the owners of the land by succession from their ancestor Cherag Ali. The plaintiffs are in possession of the suit land...... Shahidullah and others......Respondents Judgment February 4, 1999. Result: The review petitions are dismissed. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. None represented&mda......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....orced woman.” The plural of mataa’s is Amti’a which means in the same dictionary “enjoyment, pleasure, delight, gratification; object of delight; necessities of life; chattel, possession, property, goods, wares, commodities, merchandise, furniture, implements, utensils, house......1937), which is as follows: “2. Application of Personal Law to Muslims.—Notwithstanding any custom or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inher......ther…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a div......J: Mataa is something to which a divorced woman is entitled and which the former husband is under an obligation to pay seems to follow naturally from the Ayat (241, Sura Bakara) itself. But the whole question is whether Mataa can be equated with maintenance as has been done by the High Court Divisio..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
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