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Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......on 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: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....dice to complainant petitioners and in the presence High police and Office representative for and on behalf of accused Police personnel’s there cannot fair and imperial Inquiry. Justice will be totally displaced. Fair inquiry and fair hearing will be crucified if the High Police Officer and Po......e its interference is called for. Hencefoth, the Judicial Inquiry will be performed by metropolitan Magistrate Dhaka in Complaint case No. 1807 of 1999 and complaint case No. 2261 of 2000 in the absence of the High Police Officer and Police representative……......(35-36) Lawye......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....p; 4. On perusal of the impugned order it appears that the application for adjournment filed before the Subordinate Judge did not disclose any cogent ground for adjournment and which is due to total non‑application of mind in preparing the petition with ground capable of satisfying the ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......e godown, shop and house situate on the land. The proclamation does neither contain full particulars of the nature of property nor the probable market price of the property. The law is settled in the absence of such particulars, no valid order for proclamation for sale could be made. 20. In the......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......being Juvenile Court properly constituted under the law, being violative of the consistent/repeated directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of conviction and sentence da..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ...... that the accused persons thus committed offences under section 406/420 of the Penal Code. 4. Both the respondents then sought quashment of the said proceedings against them invoking the jurisdiction of the High Court Division under section 561A of the Code of Criminal Procedure in Crim..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......77(I of 1877) Section 42 When a plaintiff is in possession of suit property in assertion of his own right he can maintain a suit for permanent injunction. The trial court, it appears, exceeded its jurisdiction in deciding the title of the respective parties. …………………………….(6) ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
.... having the relief of declaration of title without seeking declaration as regard the decrees in rent suits. 8. Findings as to possession by the High Court Division is totally unsatisfactory and also unsustainable in that the High Court Division has reversed the findi......and that rent suits were decreed admitting the title of the defendant No. 1 in respect of the land described in schedules 1(a) and 2(a). The trial Court dismissed the suit on the findings that in the absence of seeking declaration against the decrees in the rent suits the plaintiff cannot have the d......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... treatment at the hands of the High Court Division.” 10. In that decision Justice Latifur Rahman also made the following observation: “The jurisdiction of contempt must be taken with utmost care that it is not used on occasions or in cases..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......he proceeding and charge sheet was sent to him at the addresses available in his service record since no other address was notified by him and that he having not appeared inquiry was completed in his absence and thereupon 2nd show cause notice with a copy of the inquiry report was sent and he receiv......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
..... Admittedly, the suit was decreed by the Court of appeal below declaring of the plaintiff appellant's 2 annas share in the suit land consisting of 6 plots, namely, 63, 64, 71, 65, 72 , 71/ 1066 totalling 2.28 acres of land. Although, the appellant has sought to be restored in possession in res......nd that the plaintiffs have got a decree only in respect of 2 annas share in the suit land i.e., 0.28 acres out of 2.28 acres of land in six plots and for restoration of possession thereof and in the absence of specification in the decree as to how and from which partition of the suit land said 0.28......he finding, inter alia, that in the instant case, the decree in favour of the plaintiff was passed by the' lower appellate Court and not by the trial Court. Subsequently, this court in its revisional jurisdiction, in addition to its affirmance of the decree regarding declaration of title by the lowe..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......2000 the Rules were discharged. 3. The main contention of the learned Advocate for the appellants is that the respondent No. 5 had no route permit to ply his vessel in these routes. In the absence of a route permit as required under section 54 of the Inland Shipping Ordinance, 1976 the i......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ed in the contract, that High Court Division was in error in granting relief i.e. making order for the payment of interest on the amount deposited by the respondent No. 1 as being the amount of 2 the total bid money although there was no prayer like that in the writ petition. 6. Mr. Azm......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......seeking their intervention in the matter but in vain. Thereafter the respondent No. 1 upon serving notice demanding justice upon the Board on 28th February, 2000 moved the High Court Division in writ jurisdiction and obtained the Rule on 29th February, 2000. 3. The Rule was contested by..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......at during investigation the statements of First Information Report named accused Faroque alias Fartul and other accused persons had been recorded under section 164 and section 161 of The Code. In the absence of any complaint from the side of investigating agency it is difficult to suggest that inves......again to admit an accused on bail after his cancellation of bail by High Court Division or Court of Session. In the event of cancellation of bail by a Court of Session the accused again cannot invoke jurisdiction under section 498 of The Code and the remedy that lay for him is invoking Revisional Po..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....that the Government is the owner of the suit property and the plaintiffs have no vested right whatsoever, the plaintiffs are not entitled to get any decree as claimed in the suit but the courts below totally ignoring these vital questions decreed the suit irrelevant on illegal considerations and the......ffs though instituted the suit claiming as representatives of 562 allottees but they have challenged the allotment letter issued only to one Md. Mofizur Rahman, who is not a party to the suit. In the absence of the necessary leave, the suit cannot assume the character of a representative suit. The s......ee has not yet been exhausted, hence the suit is maintainable”. The learned Additional District Judge was totally unmindful of the main issue involved in the suit, and held that Civil Court has jurisdiction to try the suit which is not at all an issue in the suit. Therefore, we are of the view..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......aka alleging that the present petitioner joined in his company as Accountant but during illness of the complaint (who was the Managing Director of the Company) taking advantage of such illness and absence of the complainant who went abroad for treatment, the petitioner misappropriated huge amoun......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....te and register the sale deed in respect of the suit land. Subsequently, Mr. MS Islam changed his mind and agreed to sell the suit land to the plaintiff and then on receipt of Taka 2,50,000.00 out of total consideration amount of Taka 15,00,000.00, baina was executed on 10-12-89 and possession of th...... on point of law only. Accordingly, in consideration of the fact that this Court while issuing the Rule stayed all further proceedings of Title Suit No. 134 of 1998, I decided to hear the Rule in the absence of the learned Advocate of the petitioner. From the grounds taken in the revisional applicat......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
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