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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. ......cedure is required while convicting and sentencing the accused on the basis of the same. Moreover, in this case the Tribunal considered the record, found substance in the admission of the accused and accordingly found the accused guilty and convicted and sentenced. 6. We do not find any......im J Md. Hamidul Hoque J Md. Tofazzul Islam J Jashimuddin...............Petitioner Vs. State...................Respondent Judgment October 26, 2003. The Code of Criminal Procedure, 1898 (V of 18...... 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)
....on erred in holding that the petitioner committed breach of contract in failing to pay up the balance consideration money by 25.2.85 and such error led to an erroneous decision occasioning failure of justice. He next submits that the petitioner being in possession of the suit property in part ......e granting order and the judgment of the trial court and also of the High Court Division made his submissions. He assailed the judgment and order of the High Court Division on several grounds. First, according to him, the High Court Division erred in law in considering that time was essence of the c...... Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003. Result: The appeals are allowed. Lawyers Involved: Khandker Mah......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)
....it was beyond the scope of law for the Tribunal to examine such witnesses and record a finding on their statements towards accepting or refusing to accept the FRT. It had also the option, for ends of justice, to direct further investigation in terms of section 18 of the Nari‑o-Shishu Nirjatan Dama......্দেশ দিতে পারিবে। 9. Sub‑section (2) of the aforesaid section reproduced above shows that the learned Tribunal had the jurisdiction by recording its satisfaction, according as the circumstances demanded for ends of justice, to direct further investigation limitin......………Opposite Party Judgment August 27, 2003 Result: The Rule is made absolute. Lawyers Involved: Harunur Rashid, Advocate ‑ For the Petitioner. Alamgir Kabir, Assistant Attorney General ‑ For the Opposite Party‑State. Criminal Miscellaneous Case No. 3384 of 2003. ......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)
....n a very rare case High Court Division will exercise its jurisdiction under section 561A when the party has already exhausted the remedy of revision to prevent abuse of process of court or failure of justice……………………(25) Cases Referred to- Aminul Islam vs. Mujibur Rahman and ...... there is every chance of the breach of peace with loss of life and property if the second party respondents try to oust the first party appellants from the lawful possession of the schedule land and accordingly, prayed for restraining the second party respondent from entering into the case land und......nal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under section 146 of the Cr.P.C. to ......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)
....ff and plaint ought to have been couched in way that Bangladesh Bank represented by General Manager. Defect is merely a technical one and not at all substantial and technicality must bend to cause of justice. Point No.3, also, stands answered in firm negative. 49. Point No.4(a): One of reasons......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. ......……………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 56......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. ......urrently found on consideration of evidence on record that the offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......ented‑‑Respondent No. 1 (In Criminal Petition No. 22 of 2003) Not respondent‑‑Respondent (In Criminal Petition No. 23 of 2003.) Criminal Petition for Leave to Appeal Nos. 22 and 23 of 2003. (From judgment and order dated 25‑8‑2002 passed......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. ......r 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, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......rvice Rules, Rule 72(a) There was no trial of the petitioner for allegation of the offence under section 161 of the Penal Code, 1860 read with section 5 (2) of the Act XI of 1947. The trial was stopped under section 339 (c) (4) of the Code of Criminal Procedure and the petitioner was released a...... 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)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......and its tender was accepted by the appellant as responsive. Accordingly, an agreement was entered into between the appellant and the respondent followed by issuance of a work order. The respondent accordingly, started construction and also received payment. Ultimately, the respondent submit......v of 1908), sections 151 & 153 Section 151 of the Code of Civil Procedure provides inherent power of the court whereas section 153 of the Code of Civil Procedure empowers the court to amend any defect or any error in any proceeding of the suit at any time. Lawyers ......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. ......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. ......; 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 registration and act or acts so done ......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. ......rmed that the rent was enhanced to Taka 1800 for the subsequent years. Mr. Chandra Shekhar, an employee of the plaintiff Bank, was entrusted for the purpose of collecting rent from the defendants and accordingly the defendants deposited their rents to Chandra Shekhar for the years 1385 and 1386 BS b......notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying re......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
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......ision of the Artha Rin Adalat Ain and since the impugned order in question was passed in execution proceeding of the Artha Rin Adalat, the provisions of Code of Civil Procedure should be followed and accordingly, instead of invoking writ jurisdiction it was the duty of the petitioner to avail the pr......t:
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 ......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)
..... 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 on the property to the defendant school LORETTO as a monthly ejectable tenant by executing a deed of agreement dated 22‑3‑90 for a period of 2 years at a monthly rental of Taka 35,000 payable accordingly to English Calendar Month. The lease was renewed by a fresh lease deed executed on 10‑......e 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
....ive me liberty or give me death." Barry Goldwater said, "I would remind you that extremism in the defence of liberty is no vice. And let me remind you also that moderation in the pursuit of justice is no virtue." 18. Ivan Illich, an Austrian sociologist, said, "a just societ...... 6. The saying of George Servile Halifax to the effect "power is so apt to be insolent and liberty to be saucy, that they are seldom upon good terms". It is truly the correct scenario and accordingly, instead of liberty, power gets the upper hand in most of the 3rd World Countries and th......d others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether 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 ......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. ......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. ...... Rahman and another………………………Respondents Judgment 26th July 2003 Lawyers Involved: Fida M. Kamal, Additional Attorney General, (Borhanuddin, Deputy Attorney General, with him) instructed by Mvi. Md. Wahidullah, ......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. ......e by examining independent and disinterested witnesses who are none but the close neighbors and, as such, there is no reason to interfere with the findings and decision of the learned trial Court and accordingly, he submits that the appeal is liable to be dismissed. 10. PW 1, the informant of thi...... J Hossain Shially (Fakir).................... Appellant Vs. State............................. Respondent Judgment July 19, 2003. Result: The appeal is allowed. Case Referred to- 19 DLR (SC) 259. Lawyers Involved: Md. Habibur Rahman Miah, Advocate ‑ For the Accuse......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: ......he had no control, should be deprived of his property simply because he was not physically present to occupy, supervise or manage the said property, although it was being administered and managed according to his own arrangement and will. The words 'in person' in the definition clause should ......and others................ Respondents Judgment July 8, 2003. Result: The appeal is dismissed. The Bangladesh Citizenship Order, 1972, Article 2 Birth right of a person to be a citizen of a particular country could not be brushed aside in the absence of any positive co......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. ......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. ......he Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.2603 of 1992. Judgment MM Ruhul Amin J.- This Rule was issued calling upon the opposite party Nos.1‑13 to show cause as to why the impugned order complained of in the petition should not be set aside and......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)
....molishing the structures thereon and/or evicting her from the case land but inspite of that the mischief was done in violation of this Court's order on 30.8.2001 whereupon on 19.11.2001 demand of justice notice was served upon the contemners but to no effect and as such the petitioner was constr......Syed Amirul Islam J.- This rule was issued calling upon the respondent-contemners to show cause as to why a proceeding for contempt of Court should not be drawn up against them and punished accordingly for violating the judgment and order dated 14.8.2001 passed by this Court in Writ Petiti......lip;…………………………….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (S......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
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......m do not make them unreliable or, in other words, their evidence is not worthy of consideration.” …….(7) Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ………………&hellip......lar material witness was withheld by the prosecution to their prejudice. The learned Counsel also submits that the witnesses examined in the case are related to each other and also to the victim. The law is now settled that mere relationship of the witnesses inter se or relationship with the victim ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....upon, observing as another suit for specific performance of contract in respect of the self same property filed earlier than Title Suit No. 50 of 1984 out of which the instant First Appeal has arisen justice would best be met if both the suits are tried analogously, allowed the appeal and sent back ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......it in that case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lower appellate court for disposal where right of the parties to the pr......……………Respondents Judgment May 18, 2003. Result: The appeal is dismissed. The Code of Civil Procedure (V of 1908), Section 107(b) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on r..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
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