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Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....ifference in the degree and gravity of the same type of offence, but those are substantially distinguishable. In the present case, element of offence as contemplated under sections 9(Ka) and 9(Ga) is totally absent in the charge, which is only directed against the offence of compelling the victim gi...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......ী শাস্তিযোগ্য অপরাধ করিয়াছে।” But the Special Judge appointed under the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Act, 1995, has travelled beyond his jurisdiction in giving such finding. Neither there is any scope to find any person guilty of offence..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......a praying for a declaration that judgment and decree passed in earlier Title Suit No. 60 of 1989 and further proceeding of Other Execution Case No. 1 of 1998 are void, illegal, fraudulent and without jurisdiction. The plaintiff of this suit moved the executing court and prayed for stay of all furthe..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
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. ...... 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. ...... 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. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......2, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding the question of abandonment of the case building when a suit challenging th..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
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. ...... the landlord. (3) Regular payment of rent. (4) Reorganisation of succession and transfer by the landlord. 17. The first two are essential elements and their absence will be ordinarily fatal to any claim of permanency of tenancy. But the absence of third and......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. ..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. ...... 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. ...... the report the petitioners made further representation to the Ministry but the property was not released or derequisitioned. Being aggrieved the petitioners moved the High Court Division in its writ jurisdiction and obtained a Rule in Writ Petition No. 1383 of 1996 which was discharged by the judgm..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......the learned Single Judge of the High Court Division erred in law in setting aside the judgment and decrees of the Courts below based on concurrent findings of fact and thereby exceeded the revisional jurisdiction under section 115(1) of the Code of Civil Procedure which resulted in an error in the d..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ponsible Ministry of the Government, they are entitled to move this Court for judicial review of such action of the Ministry. We may mention here that the facts and circumstances of the BRAC case are totally different from the facts and circumstances of the present case. In that case the question of......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. ......d 3 in dealing with public property in clear violation of legal mandates and public policies. So, as conscious citizens of this country, the petitioners thought it a duly to invoke the extra-ordinary jurisdiction of this Court under the Constitution in an attempt to oblige the respondent Nos. 1, 2 a..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... since 1927 first by way of settlement by their father Hafizur Rahman Bhuiya alias Habu Khalifa and then, by the plaintiffs by open and overt enjoyment of the land against the whole world. Defendants totally failed to prove their possession in any part of the suit land as was found by the Courts bel...... Court of appeal dismissed the appeal and affirmed the decree of the trial Court by judgment and decree. 8. Mr. Abdul 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 t......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. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......ndant appellants obtained leave to appeal before this Division. 4. Mr. Rafique‑ul‑Huq, learned Counsel appearing for the appellants, submitted that in the absence of any error of law or of procedure in arriving at the concurrent findings of fact by the fi...... the appellants, submitted that in the absence of any error of law or of procedure in arriving at the concurrent findings of fact by the first two courts the learned Single Judge travelled beyond his jurisdiction in interfering with the decision of the courts below in exercise of his power under sec..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
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. ......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. ......ing to do so. Therefore, in view of the decision of our own court the argument of the learned Counsel for the petitioners has no bearing in this case for which he had to rely on a decision of another jurisdiction. 7. It appears that in the instant case after obtaining the sanction from ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....I rule 10 CPC is the only provision of law, on which, they may be allowed to be substituted and leave to be granted to continue the suit. The said provision is contemplated in cases in which there is total assignment, creation or devolution of the entire interest of a party to the suit in favour of ......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. ......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. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....losed for any specified reason for 190 days or more consecutive days the assessee could apply to the National Board of Revenue for exemption of duty for that period and the Board may allow partial or total exemption for that period. The rules further made provisions for application before National B......y and other charges in terms of SRO dated 18‑9‑96. Previous to 18‑9‑96 the tariff value of Soda Ash light was US $ 160 per metric ton. The challenge against the imposition of tariff value was absence of any guideline for fixing the tariff value. 27. The concerned SRO No. 2/96/ Customs ......Revenue of Pakistan and that the standing tribunal illegally did not consider the grievance of the respondents and that the appellants without making any proper guiding principles have exceeded their jurisdiction in levying and collecting the excise duty from the respondents and advised the appellan..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89....... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ...... The Administrative Tribunal Act, 1980 (VII of 1981) Sections 2 & 4 The Administrative Tribunal Act, 1980 shall have exclusive jurisdiction to determine the petitioners application in respect of terms and conditions of his se..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ....... 43. To sum up the discussions made herein before in determination of the points raised, it is reiterated that the trial in this case is not vitiated on account of examination of PWs 1-4 in the absence of any medical report that the condemned prisoner was mentally fit to stand the trial. Furth......mind. It is by this test, as distinguished from medical test, that the criminality of the act is to be determined. This section in substance is the same as the McNaghtan Rules followed in the English jurisdiction. These Rules are still regarded as authoritative statement of the law as to criminal re..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... of 1908), Section 152 Order XX rule 3 & Order XLVII rule I The judgment which has been delivered sealed and signed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......lation census of 1991 showed 3% increase of population per year and the question of variation of population taken in the other petition is a disputed question of fact which cannot be resolved in writ jurisdiction and that section 21 (1) of the Ordinance is not mandatory but directory and that the va..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
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