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Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......d that the date of birth of victim Masuda Khanam (Hasi) is 30‑10‑1984 and not 29‑10‑1983. Being prima facie, a minor on the date of occurrence and even to day we are of the view that the girl not being an accused has been illegally and improperly detained in judicial cust..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......dgment was given even without mentioning and considering the arguments of his learned lawyer who argued the case days together and the learned Judge during his conversation with him expressed his own views about the said judgment. It is further contended that during his conversation with the learned..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......nted the informant to inform the police earlier. This inordinate delay casts a serious doubt over the prosecution case and made the prosecution case unbelievable, as there is scope of fabrication. In view of the above facts and circumstances, and the evidence on record, the convict-appellants are en..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....red as highly suspicious. He also submits that the learned trial Court passed the impugned judgment and conviction on misreading and non-consideration of the material evidence on record leading to an erroneous decision. 9. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General in repl......as been able to prove that the marriage was solemnised in the said Kazi office with proper seal and signs and that the document was seized by the Investigating Officer during investigation. 25. In view of the aforesaid evidence on record, it is clear there is no competent witness to give testimon..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......reement. The latrine was meant for use by the employees and other tenants but due ' to acquisition of the room No. 9 by the RTDA there is no existence of the said room in the case premises and in view of the acquisition rental for the room Nos. 7 and 8 was again reduced from Taka 135 to Taka 110..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......gment and order condoning the delay thereby allowed the application filed under Order XLI rule 19 of the Code of Civil Procedure. The High Court Division on perusal of the impugned judgment and in view of the reasons stated in the judgment which is essentially a decision on facts, did not think ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......enancy right in the suit property by possession for more than the statutory period upon erecting huts and residing therein, after taking settlement from the admitted owner Binayendra Aich in 1940. In view of the findings of the courts below as to the petitioner's continued possession from the time o..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......of the land had already been delivered to the requiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....6 respectively dated 24‑3‑1975 and 26‑6‑1975 are not valid for the reasons that the joint property had not been partitioned by metes and bounds amongst the co sharers and thereby laid down an erroneous principle that unpartitioned property cannot be gifted by registered instrument. ......Mr. Abdul Wadud Bhuiya, the learned Counsel for the appellant, placed the judgments of the Courts below as well as the impugned judgment of the High Court Division and thereafter he submitted that in view of concurrent findings of fact as to possession of the suit property by the plaintiff appellant..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......lso claim that for use of space of BTV grounds, ETV has obtained necessary clearance from Defence Committee of Key Point Installations. 11. The respondents claim that there are about 4 crores of viewers in Bangladesh and its programmed speaks for poor and neglected people of the society. Some i..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......bdul Quayum, learned Senior Counsel for the petitioner, submits that in the absence of proof of adverse possession in the suit land, the trial Court erred in law in decreeing the suit. He submits, in view of its own finding that the plaintiffs got land by way of settlement from the original rent rec..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....en held in the case referred to above that a surrender of an under tenancy right need not be in writing. It may be inferred from act and conduct of parties as well. The High Court Division therefore, erroneously found that the appellants could not prove their claim of Istafa. We are therefore in agr......ow further found that there was surrender of the under‑tenancy in favour of the original tenants, as claimed by the defendants. In revision the learned Judge of the High Court Division took the view that the courts below did not consider the material evidence in arriving at the said findings o..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ...... this case it has been specifically alleged that in order to defeat the pre‑emption the deed in question has been shown as deed of exchange but actually the transaction was a sale we are of the view that when the nature of transaction become doubtful on the specific allegation being made out b..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......s moved the High Court Division and obtained a Rule after serving a notice of demand of justice. 3. The petitioners contested by submitting that the writ petition was not maintainable in view of the pendency of the appeal against the impugned order and the Rule issued by the High Court ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ...... deeds and that they have acquired interest in the suit land. Therefore, they claim that they may be allowed to prosecute the suit since Lal Mohon is dead. In the facts of the given case, I am of the view that Order XXII rule 10 CPC is the only provision of law, on which, they may be allowed to be s..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......filed an application for passing an order that the execution proceeding was barred by limitation and that possession of the suit property had been restored to them. The High Court Division was of the view that the central point that called for determination was whether the execution proceeding was b..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....he respondents of being heard fixation of the rate and determination of the capacity for purpose of section 3(4) shall be frustrated and fixation of the rate and determination of the capacity will be erroneous and that the National Board of Revenue failed to take precaution in giving full details of......n capacity of plants, machineries, undertakings, establishments or installations" has been changed to, "capacity of plants, machineries, undertakings, establishments or installations" and that the "Review Board" was substituted by " Standing Tribunal" and that although the capacity of the respondent..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161