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Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 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. ......tified, that there having no consideration of the plaintiffs' case and the finding made by the trial Court against the plaintiffs, the decree passed in their favour is not legal and sustainable in law. 7. The law is now settled that against the wrong record of rights the person whos..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....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. ...... which was recorded under section 164 of the Code of Criminal Procedure and the medical report of doctor who examined the victim after the occurrence. He has argued that both the courts erred in law in finding the appellants guilty relying on inadmissible evidence, that is the statement of..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. ...... Court with this leave 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 wi..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....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. ......o 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 immovable property and the stipulation..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. ......udicial inquiry under section 200 of the Code of Criminal Procedure. So, he submits that the impugned order should be set aside and the learned Tribunal should be instructed to act in accordance with law. 6. We have given our anxious consideration to the submissions made by the learned Advocate f..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: ......and into salt bed and some portion as agricultural land and have been growing salt and agricultural products. The second party men are most dangerous and desperate 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 ..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. ......case and four (4) witnesses stood on the witness box to buttress the case of the Defendants. Some of the documents filed from the side of Defendants-Respondents had not been proved in accordance with law. 10. Syed Ahmed, Deputy Director of Plaintiff Bangladesh Bank stood on witness box as P.W.1 i..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. ......one month more. 7. Mr. Abdus Sobhan, the learned Counsel appearing for the petitioners in both the petitions, submitted that the High Court Division failed to appreciate the provision of law as contained in section 467 of the Penal Code and also failed to take notice that Champak Lata e..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ...... and, as such, he was not acquitted in the case. The proceeding of the case was rather stopped and the petitioner was released, as trial could not be concluded within the specified period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, di..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....ree dated 10‑3 1998 not having mentioned the additional sum of Taka 38,24,961 or even referred to the same by implication, the decree holder cannot amend the execution petition without amending the decree; for the reason that the executing court cannot go beyond the decree inasmuch ......s 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." 6. Dr. M Zahir, the learned Counsel ..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)
....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. ......bsp; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to regi..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. ......f the Bank who could not give any satisfactory reply. On being confronted by the defendants, Chandra Shekhar refunded the money he received from the defendants as rents. They were asked to act as per law and thereafter the defendants sent Taka 3600 on 23‑5‑1980 under money order but the said mon..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
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. ......ing the plaintiffs to demolish the suit building. The plaintiffs need to rebuild the building by constructing a multistoried building therein and they served a notice upon the defendant through their lawyer on 21‑10‑98 under section 106 of the Transfer of Property Act and as per provision 3(g) o..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. ......er a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sections (2) and (3) of section 3 of the Special Powers Act, 1974 cannot be su..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. ......spondent No. 1 filed the aforementioned writ petition seeking declaration that his goods covered by the Letters of Credit (in all thirteen) of different dates have been detained illegally and without lawful authority and for further direction that the writ-respondents be directed to release the good..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. ......ase of the prosecution is that, the accused-appellant in the night following 10‑9‑1996 at about 2.00 AM forcibly entered into hut of the victim and raped her against her will, while her mother-in-law was sleeping on the verandah on the same hut. The informant was at Dhaka who works as helper of ..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: ......at the writ‑petitioners respondents holding Pakistani passport staying in Karachi in 1971 and there being no material to show that they were stranded in Pakistan, the High Court Division erred in law on wrong assumption of the provision of President's Order No. 149 of 1972 that the respondents a..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. ......fect whether one of the decree holders Abdul Aziz was an Indian National or not. In continuation of the said order the Subordinate Judge disposed of the matter and the learned District Judge erred in law in not admitting the Miscellaneous Appeal No.8 of 1992. 4. Being aggrieved, the petitioners..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......etitioner in this case that the aforesaid order dated 14.8.2001 was duly communicated to the present respondent No.1, that is, contemner No.1 who was the then Chairman of RAJUK through certificate of lawyers dated 23.8.2001 which was received by the office of the contemner No.1 on 26.8.2001 and the ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13