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Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......No. 5 is that the property of Khatian Nos. 30 and 32 cannot be treated as enemy property, 5. The case of the defendant No. 6 was that his father Puma Chandra Pal was the owner of the land recorded in khatian Nos. 29, 94, 100 and 255 as mentioned in schedule 'A' and that his father died ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ...... The Public Servants (Retirement) Act, 1974 (XII of 1974) Section 9(2) The Government Servants (Discipline & Appeal) Rule, 1976 Rule 3 Retirement after completion of 25 years of service with full pension benefit is not a punishment and it is altogether different from dismissal..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....t, the price of the machineries sold by the petitioner to the respondent-company but when it was found that the plant and the machineries are beyond repairs, it declined to pay, although so agreed in good faith in the MOU dated 2‑6-2000, that the machineries were worth the said price. In that view...... under section 242 of the Companies Act, no response was made on behalf of the company showing neglect on the part of the company to repay their debts. He further submits that it is apparent from the records and the documents, filed on behalf of both the parties, that the substratum of the company h...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......mpugned judgment and order of conviction and sentence against the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 without any material evidence on record. He then submits that the Bishesh Adalat wrongly framed charged against the accused appellant......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... basis of the agreement for sale, and that stating that after liberation of Bangladesh the petitioner taking advantage of absence of the owner trespassed into the house has not placed any material on record to substantiate the same. It is apparent from the notices impugned that the abandoned propert......e notices and arrived at a finding that: "The notice so prescribes clearly shows that authorised person under the President Order No. 16 of 1972 and the Rules framed thereunder shall service notice for taking over possession of the property being considered/treated as abandoned prop..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......erty authority for any purpose including for the purpose of not treating the property as vested property and to release the property from the list of vested property. As seen from the record prosecution case is confined to that the appellant No. 3 and others have executed the Muktip......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......nal Procedure who again pleaded not guilty and led evidence. The accused Harish stated that he was assaulted by the police for making of confessional statement. 6. In considering the evidence on record, the learned Judge found the accused Harish guilty of the charge under section 6(4) of Nari-o......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....and the relief claimed. Therefore, the concern shown by the Bar, that giving locus standi to the petitioner will open the floodgates, and the court will soon be overburdened by cases, does not hold good. The discretion to open the gates will always be with the court, which discretion will only b......not sent down to the concerned Branch/Section. 7. The concerned papers were kept by the then Information Secretary and these were not sent to the concerned section. As such, there is no record of this in the Ministry’s Note Sheet of the concerned file.” ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ......laintiff was filed and the High Court Division upon hearing the parties by judgment and order dated 2‑11‑98 remanded the suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the parties to adduce fresh evidence and to all......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
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. ......heet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamul Hoque on 9‑7‑2000 and her statement was recorded wherein she expressed her intention not to go with her father. Thereafter the victim was s......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. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....l a society, so that corrective measures and appropriate steps may be taken in time and the society can guard itself against such evils. Such reports and features are written for the public in utmost good faith in the public interest without any malice, but as a measure of fair comment on a public i......e cassette in our chamber in presence of the learned Advocates of 'Manabjamin' and as well as in presence of the Deputy Attorney-General Mr. Bazlur Rahman. After listening to the conversation recorded in the cassette it appeared that the transcript was not a complete one and parts of the con......rious recent opinion polls, survey and report of Transparency International (BD) discloses the concern of corruption in the judiciary and, in fact, the newspapers and the media have done a tremendous service to the nation by bringing this 'unimaginable impropriety' out in the open, so that t..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. ......the trial Court passed the impugned judgment of conviction and sentence on conjecture and surmises, mainly considering the statement made by the alleged victim before the learned Magistrate which was recorded under section 164 Cr.P.C., though the learned Magistrate was not examined as witness and th......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. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... 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.......in, 1995. During investigation, the victim Salma Akhter was not available and she surrendered before the Court on 3-8-1999 after submission of the charge sheet and on that very day, her statement was recorded by the Magistrate, First Class under section 164 of the Code of Criminal Procedure. 4. T...... 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...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. ......suit by filing a subsequent suit further proceeding of the execution proceeding cannot be stayed as has been done in the present case. The High Court Division on consideration of all the materials on record and the legal position set aside the order of stay and made the Rule absolute and we are in f......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. ..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. ......ction. 8. Mr. AKM Asaduzzaman, the learned Advocate appearing for the opposite party, however, supports the decision of the Courts below, stating that the same is based on reason and evidence on record. He further submits that the petitioner was not competent to make an application for repair r......nd 21(3) of the Premises Rent Control Ordinance 1986 (Ordinance XXII of 1986) which runs as follows: “21 Making of repairs and taking of measures for the maintenance of essential services by the tenant on the failure or neglect of the landlord to do so: (1) The Controller s..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... the accused is the owner of a store situated at 115/A, New Elephant Road. The complainant, retired from service on 1 5th June, 1994 on receipt of the gratuity and provident fund. The complainant, on good faith paid Taka 5,00,000 lac to the accused on 24‑9‑1994 on the basis of an underta...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......of complaint in the Court of the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the accused is the owner of a store situated at 115/A, New Elephant Road. The complainant, retired from service on 1 5th June, 1994 on receipt of the gratuity and provident fund. The complainant, on good ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
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. ....... 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. ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
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. ...... above suit against the respondent for declaration of title, confirmation of possession and for permanent injunction. The case of the petitioners was that the names of their predecessors were recorded in CS and RS Khatian but in the PS and BS Khatian the names of the respondents was recorde......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. ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
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