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Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of the Constitution preclude it to do so. …………..(28) The Evidence Act, 1872 (......of the case cannot be considered malafide or lacking in fairness and transparency and as such cancellation of allotment and fresh allotment to others cannot be said to be not legally valid or without lawful authority………………(27) The Code of Civil Procedure (v of 1908), Order XLVII rul..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisions of order 21 rule 29 of the code of civil procedure can not be availed of by the petition......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. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......or the petitioners, submitted that the High Court Division having directed the trial Court to dispose of the application for temporary injunction within 4 weeks of the receipt of the order erred in law in vacating the ad interim order of injunction and directed Sonali Bank to pay off defendant N..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... of Joy Gopal Mondal reflecting interest in the land of Sarabo Mouza, wherein the land Situates, is not correct. Since the presumption of correctness that has been attached to the RS Khatian by the provision of section 144A of the Act has been rebutted and consequent thereupon recording of names ......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)
....ladesh and his attendance could not be procured without much delay. Unless these facts are proved or brought to the notice of the Court, a medical report cannot be admitted in evidence in view of the provisions of section 509A of the Code of Criminal Procedure. 9. Next, as regards the s...... 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)
....instant application under section 561A of the Code of Criminal Procedure and obtained the present Rule. 5. Mr. Harunur Rashid, the learned Advocate for the petitioner, submits that in terms of the provisions of section 27 of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 the Tribunal had the juri......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)
.... consideration of evidence on record, the High Court exceeded its jurisdiction in interfering with the Concurrent finding of fact as to exclusive possession of tile first party appellant invoking the provision of section 561A of the Code of Criminal Procedure which is not warranted under the provisi......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)
.... other leased out plots. 31. Town Improvement Act, 1953 had undergone massive amendments by way of Town Improvement (Amendment) Act, 1987 which came into force on 30th April, 1987. 32. Relevant provisions of section 93A(1) and 93A(3) and 93A(4)(h) of The Act of 1953 before amendment by Town Im......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)
....isonment for 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 C......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)
....ord of the execution case for execution of the decree or satisfaction thereof. 14. Order VI rule 17 of the Code of Civil Procedure though is designed for amendment of pleadings but the provision of Order XXI rule 17(2) providing that where an application is amended under the provisi......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)
....a 2,20,00,000 to Taka 2,31,00,000 per bigha. The High Court Division refused the relief sought for in the form of mandatory injunction. The High Court Division also has observed that in view of the provision of Article 144 of the Constitution public property owned by the Republic or by any instru......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)
....nce of renewal of the original lease or further agreement and the landlord accepted the rent- holding over of such premises by the tenant will be governed not by the original lease but by the general provisions of section 106 of the Act." In the decision reported in 22 DLR (SC) 360 it has ......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
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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 since the impugned order in question was passed in executi......two applications one for discharging the Rule and another for vacating the order of stay and the petitioner filed affidavits in-opposition against both the applications. Since common question of law and facts are involved in both the applications as well as the main writ petition, both the appl..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
.... 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) of the deed of agreement dated 10‑3‑95 determining the tenancy of the defendant i......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
.... Powers Act, 1974 cannot be superseded or overridden by the so-called circular dated 17-2-1993 which has no force of law. Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is t......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
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