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Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....n order to grab the property of Title Suit No. 7 of 1969 and further stating that they are necessary parties in the present suit and as such they should be added as defendants in the suit for ends of justice. It have been held in the aforesaid decision that: "The present appellants are not c......of stay of all further proceeding of the said Title Suit. The said appellant, however, in order to get the suit disposed of expeditiously instructed to get the rule discharged for non-prosecution and accordingly filed an application on 14.11.2000 praying for discharging the rule for non-prosecutio......ra Khatun being dead her heirs: Md. Aminul Haque and others............Respondents (In both the Appeals) Judgment May 12, 2003. Result: Appeals are allowed. Cases Referred to- Golam Kader Vs. Abdul Khaleque Choukder, 43 DLR (AD) 107, AIR 1931 PC 162. Lawyers In...... into an error in transposing them as the petitioners striking out the names of the original petitioners who are none else than the plaintiffs and as such the impugned order is not sustainable in law. It is also submitted that the High Court Division totally misconceived the provision of law a..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......missibility of statements of witnesses made under section 161 of the Code or judicial confession made under section 164 of the Code, when there is strong circumstantial evidence, cannot be taken into consideration for granting bail to an accused of a murder case………..(14) ......r. Jalmahal Alam. On the other hand, due to detachment of the sons of 1st wife of the deceased Mr. Alam, Md Motiur Rahman alias Matin and Md Ali Babul alias Babu Jamai, the 2(two) sons‑in‑law of the deceased Alam were engaged themselves with the business of deceased Mr. Alam and they wer..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... Judgment May 5, 2003. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Sections 96(4) & 6(b) A co-applicant, if a co-sharer by inheritance steps into the shoes of the pre-emptor, both the provisions of Sections 96(4) & 6(b) of the Act are app...... order the petitioner unsuccessfully moved the High Court Division. 3. Mr. Mahbubey Alam, the learned Counsel appearing for the petitioner, submits that the High Court Division erred in law in discharging the Rule affirming the order passed by the learned Subordinate Judge, allowing ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......the employees of batch 1 to 27 were absorbed and there must not be any discrimination as regards age of retirement between the Fight Stewards and Flight Stewardesses and respondents are to take steps accordingly without delay." 2. Writ petitions were filed challenging validity of some parts of th......on Judgment here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgme...... affidavit‑in‑opposition stating, inter alia, that the writ petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be adjudicated in the writ jurisdiction; that the employment of..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......hishu Nirjatan Daman Ain, 2000 and the learned Magistrate sent the petition of complaint to the officer-in-charge of the concerned police station for treating the same as first information report and accordingly, Baniachang PS Case No.20(5) 2001 corresponding to GR No.266 of 2001 was started and pol......nt Judgment April 28, 2003. Result: The Appeal is allowed. Lawyers Involved: Md. Raziur Rahman Chowdhury, Advocate—For the Appellant. Sk Rezaul Karim, Assistant Attorney-General—For the State-Respondent. Criminal Appeal No.3689 of 2001. Judgment ......appears from the record that none has filed any petition for prosecution of the informant for making a false complaint or filing a false case and, as such, the Tribunal did not act in accordance with law in directing the Magistrate to file a case under section 17(1) of the aforesaid Ain. 9. The..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....the allegation of 2nd marriage against the appellant and the evidence of the PWs 3, 4 and 5 being not the evidence of disinterested witnesses, the conviction of the appellant caused miscarriage of justice, that during the pendency of the revisional application outside the Court compromise was re......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ...... Laws Ordinance, 1961 (V111 of 1961) Section 6(5) Offence under section 6(5) is not compoundable. However the appeal may be dismissed on prayer of the appellant by reducing the sentence to the extent of period of imprisonment already served. Lawyers Involved: ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......p;……….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circumstances the Court being satisfied......ring for the petitioner, submits that the High Court Division illegally and wrongly passed direction for a neutral Chairman to hold the AGM of the petitioner Bank, which is illegal and untenable in law under the present circumstances of the case but also amounts to contumacious disregard of the ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....into account that the accused respondents intentionally and deliberately remained absent without any application for their absence and that they misused the privilege of bail and became fugitive from justice, rendering themselves liable to be tried in absentia under section 339(b) of the Criminal Pr...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......Judgment April 15, 2003. Result: The appeal is allowed. The Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respondent a....... Respondents Judgment April 15, 2003. Result: The appeal is allowed. The Negotiable Instruments Act, 1881 (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......eral of Prisons also gave description of the amenities and health conditions of them. 3. The Attorney General appeared in this matter repeatedly and submitted lists of such Under Trial Prisoners according to which in Dhaka Central Jail up to 02.02.2003 there were 11 such children up to the age ......also Reported in: 11 BLT (HCD) (2003) 281. ......he information of the children in jail with their respective ages and their accommodation and health condition along with details of cases pending against them mentioning the specific sections of the law. Pursuant to our order the Inspector General of Prisons sent report under Memo No. PD/Pori-25/20..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ......er Anwar Hossain and others…………………....Opposite Parties Judgment March 24, 2003. Result: Rule is made absolute. Cases Referred to- AFM Shaha Alam Vs. Mozibul Hoque, 41 DLR (AD) 68; Md. Rafiqul Alam Vs. Mustafa Kamal and ot...... stations were submitted with the opinion of the local people, the contesting candidates and considering the convenience and inconvenience of the voters to cast their votes and the maintenance of the law and order situation. Debipur Primary School is a kancha house and there is no pucca structure. O..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......tural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the provisions of law as that would be discriminatory and violative of th......itution of Bangladesh 1972, Article 102 Bangladesh Agricultural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose b..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ...... preliminary power to the company to refuse to exercise discretion in favour of registration of transfer of sharers. As long as section 34(7) of the Companies Act is there the directors have, according to them, complete discretion to refuse registration of transfer of sharers. ...... and another .....................Respondents Judgment May 28, 2003. The Companies Act, 1913(VII of 1913), section 34 (7) Discretion of the Board of directors of a company under its articles of association to refuse registration of transfer of its share......ownership of the shares. 18. Dr M Zahir and Mr. Ajmalul Hossain, the learned Counsels, appearing for the respondents, have argued that the court has to see whether as a matter of law there was any restriction in refusing to transfer shares. If there was a restriction, whether t..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......n law. Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent. Criminal Petition For Leave to Appeal No. 69 of 2002. (From the judgment and order dated May 7, 2002 in Criminal Ap......ever on consideration of such evidence along with other evidence if case of the prosecution is proved or case of the prosecution does not stand, whatever order passed by the court is sustainable in law. Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....dministrative Appellate Tribunal. Changing her designation during the pendency of a judicial proceeding in a subjudice matter to the prejudice of the petitioner actually constituted an obstruction to justice. 3. The said case was contested by the BSRS by filling written objectio......ake notun podobi prodan korite pare. 3. 6 ee October 1987 tarikhe kormochari no. 39/87 sutre itipurbe apnar dabi puno nirdharon etodara songshodhon kora hoilo. 6. The petitioner accordingly, accepted the said terms and conditions and had been serving the Sangstha and ultimately...... Vs. Bangladesh Shilpa Rin Sangstha ...........Respondents Judgment March 17, 2003. Waiver, Estoppel The petitioner accepted the conditions imposed upon her and...... observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law…………(16) Cases Referred to- ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....f recent cases, that having regard to the social conditions obtaining in this country, the principle falsus in uno, falsus in omnibus cannot be made applicable to the administration of criminal justice and therefore Courts are under a duty to sift "chaff from the grain." In the lig...... the evidence of witnesses, specially the evidence of PW 1, the informant, and the case disclosed in the first information report itself has not been considered. It has been further submitted that according to PW 1, the victim jumped within 2/3 minutes of her boarding the pick‑up and in th......) Act, 1995 (XVIII of 1995), Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment......tly, been argued that there is no ingredient of section 6(4) of the Act and, as such, the High Court Division committed error in convicting the condemned prisoners under the aforesaid provision of law. It appears that the High Court Division quoting the aforesaid provision of law observed: ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. .........................Respondents Judgment March 12, 2003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority sh......ought to be suitable either by the applicant or by the court. Direction of the company court to the majority share holders to buy the shares of the minority at a valuation is in conformity with the law. ……………….(16 & 19) Cases Referred to- ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the application of the State Bank of India was misconceived insofar as the order for grant was required to be revoked before the order dated June 12, 1978 could be reconsidered. The application was accordingly, rejected. The petitioner being aggrieved has moved the revisional application before t......03. The Succession Act, 1925 (XXXIX of 1925), Section 372 The Transfer of Property Act, 1882 (IV of 1882), Sections 3 & 130 Debt: Ornaments lying in custody of the bank are a debt due to the owner of the same for the purpose of granting succession cer...... attorney given by him in favour of Mr. Lutfor Rahman Sarder was genuine. The High Court Division found these facts in favour of the appellant. We will confine ourselves purely to question of law whether on the facts whether the appellant could ask for succession certificate of the jeweller..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ......as the defendant praying for eviction of the defendant from the suit premises alleging, inter alia, that the defendant was a monthly tenant under the plaintiff at a monthly rental of Tk. 800/-payable according to English Calendar month and that the defendant defaulted in payment of rent for the mont......endant praying for eviction of the defendant from the suit premises alleging, inter alia, that the defendant was a monthly tenant under the plaintiff at a monthly rental of Tk. 800/-payable according to English Calendar month and that the defendant defaulted in payment of rent for the month of Decem......Court though inconsistent but ultimate decision does not suffer from any illegality or infirmity. 9. Having considered all the aspects I am of the view that the trial Court committed no error of law calling for any interference by this Court. 10. In the result, this rule is discharged. The..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......‑enact an earlier law. But then again, section 6 of the General Clauses Act specifically states that if any law is altered during the pendency of an action, the rights of the party is to be decided according to the law that existed when the action was initiated, unless the amended part of the stat......espondent
Judgment
February 8, 2003.
Result:
The appeal is allowed.
The Constitution of Bangladesh, 1972, Article 102
The Private University Act, 1992 Section 7(d)
A mandatory condition having not been complied with no right accrued to the respondent to take recourse to ......s writ jurisdiction in Writ Petition No. 5233 of 2000.
3. The High Court Division by its judgment and order dated 9‑11‑2000 made the Rule absolute declaring the impugned letter to be without lawful authority and of no legal effect on the ground that an amended Act cannot have retrospective ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... of anything in the section itself to give it a restrictive meaning, may be taken to cover the error, omission or irregularity in the widest sense of these terms provided there has been no failure of justice. A similar view has been taken in the case of Madhya Pradesh vs. Veereshwar Rao Agnihotri re......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......edure, 1898 (V of 1898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case...... in a judicial proceeding, no criminal proceeding could be initiated on a complaint lodged by the officer concerned under section 195 of the Code of Criminal Procedure. Thus, the basic requirement of law having been violated the appeal by the State before the High Court Division should not have been..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
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