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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.......irjatan Doman Bishesh Adalat, Jhalakathi in case No. 35 of 1999 convicting appellant No. 1 Md. Alam under sections 9 (Kha) and 9(Ga) of the said Act and sentencing him to suffer rigorous imprisonment for 9 (nine) years and also to pay a fine of Taka 5000 (five thousand), in default, to suffer rigoro...... 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.......ammel Hossain J Khondker Musa Khaled J Alam (Md) & another………………………Appellant Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assis..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
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, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983 before the Controller against the opposite party with the prayer to make necessary repairing works and...... 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. .......................Petitioner Vs. Rajshahi Co-operative Town Society Ltd……….Opposite Party Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossa..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......cedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when demanded. The accused issued cheques for repayment which were dishonoured, it is a prima-facie case of deception. Moreover there is no b...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......h were dishonoured, it is a prima-facie case of deception. Moreover there is no bar to initiate a criminal case if a civil suit is pending on the same fact. Lawyers Involved: Serajul Haque, Advocate, instructed by Md Aftab H..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
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. ......s by special leave are directed against the judgement and order of the High Court Division in Civil Revision Nos. 2407 and 7793 of 1991 dated 15‑1‑1995 making the making the Rules absolute in the former and discharging the Rules the latter. 2. These appeals arose out of two ti......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. ......roved title in the suit property defendant appellant’s claim of long possession cannot save them…………..(20) Cases Referred to- 29 CWN 138; 43 CWN 828. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddi..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. ......mains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Appeal No. 584 of 2000. (From the judgment and order dated 6‑3‑2000 passed by t...... 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. ......had already been delivered to the requiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represent..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. ......in Civil Revision No. 323 of 1994). Judgment Syed JR Mudassir Husain J.- This appeal has arisen out of leave granting order dated 7th June, 1998 passed in Civil Petition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by ......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. ......reafter on the basis of the law already dead………………(14) Case Referred to- Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....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. ......1. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahmud respondent No. 7 (Annexure-"F") and the ......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. ......undai Corporation Vs. Sumikin Bussan Corporation and others 2002 BLD (AD) 16 = 54 DLR (AD) 88; Mohammad Hossain vs Quamrul Islam Siddique and others 54 DLR 88; 43 DLR (AD) 126; AIR 1996 (SC) 11. Lawyers Involved: Abdur Razzaq with Mohammod Hossain, Advocates— For the Petitioners. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....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. ......……………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ......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. ......cil Vs. Debendra Lal Khan, (1933) 61 IA 78; 1934 All U 153 (PC); P Lakshmi Reddy Vs. Lakshmi Reddy, AIR 1957 (SC) 314; Annasaheb Bapusaheb Patil Vs. Balwant. (1995) 2 SCC 543; AIR 1995 (SC) 895. Lawyers Involved: Abdul Quayum, Advocate- For the Petitioners Mahbubey Alam with ..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. ...... Mainur Reza Chowdhury J.- This appeal has arisen out of leave granted by this Division in Civil Petition for Leave to Appeal No. 353 of 1995 against judgment passed by a Single Bench of the High Court Divi...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ......urts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, inst..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......on of the pre‑emptee under Order VII rule II of the Code of Civil Procedure. 2. The late Alfazuddin Mollah, the predecessor of the present appellants as co sharers, filed the aforesaid miscellaneous case under section 96 of the State Acquisition and Tenancy Act, 1950 against ......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ......uired to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly …………. (10) Lawyers Involved: Abdul Qauyum, Advocate, instructed by Md. Aftab Husain, Advocate‑o..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....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. ...... 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the......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. ......ip;……..Petitioner Vs. Lal Mohon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Ibrahim Khalil Miah..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......enant has paid the rent within time under section 19 (Ka). Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑For the PetitionerNot represented‑The Respondent. Civil Petition for Leave to Appeal No. 1001 of 1999. Judgment Mainur Reza Chowdhury J: The plaintiff resp......iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ...... rent within 15 days of refusal of acceptance of the rent by the landlord under section 18 but the Court is not to see whether the tenant has paid the rent within time under section 19 (Ka). Lawyers Involved: Md Nawab Ali, Advocate‑on‑Record‑For the PetitionerNot represented‑The..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... Respondent No. 2 (In Criminal Petition No. 167 of 2001). Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......l proceeding can be proceeded independently of the civil suit. Since there is a prima facie case the criminal case cannot be quashed……(5) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md...Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. .....................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves i...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... 1965 (SC) 1107; Kalawati Devi Harialka vs. The Commissioner of Income Tax, West Bengal and others, AIR 1968 (SC) 162; Ghularn Zamin vs. AB Khandker 16 DLR 486; Croft vs. Dunphy (1933 AC 156). Lawyers Involved: AJ Mohammad Ali, Additional Attorney‑General, (Md. Feroz Shah, Assistant At..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.
......tle permanently at his own district town in Faridpur and agreed to give the petitioner No.1 the said plot and actually gave the order of allotment and asked the petitioner No.1 to deposit the premium for the land to the State Bank of Pakistan at Dhaka. The entire price for the land was paid by the p...... 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.
......uary 12, 2002.
Result:
The Rule is made absolute.
Case Referred To-
Jabed Ali vs. Abu Sheikh, being dead his heirs Md. Naimuddin and others 1983 BLD (AD) 1 = 35 DLR (AD) 31.
Lawyers Involved:
Rafiqul Huq with Afreen Mahiuddin, Advocate — For the Petitioners.
..
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.......aban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of M...... 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.......nt: Md. Muzammel Hossain J Md. Shamsul Huda J Jaban Ali (Md) .........Accused Appellant Vs. State......................Respondent Judgment February 10, 2002. Lawyers Involved: Golam Arshad, Advocate-For the Appellant. ABM Waliur Rahman Khan, Assist..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. ......etrokona in Sessions Case No. 224 of 1984, convicting accused-appellant Hazrat Khan @ Hazrat Ali Khan under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. Th......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. ......…..Appellant Vs. State……………......................... Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
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. ......wife of his brother-in-law in the afternoon. Thereafter at the time of Magrib on the same date the condemned prisoner entered the south bhiti hut of his father at about 7-00 PM on the plea of looking for a “Hukka” for the purpose of smoking tobacco and picked up a dao and struck dao blow......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. ...... Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Involved: Syed Shahidur Rahman, Deputy Attorney-General with S M Aminur Rahim, Assistan..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
.... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ......;………. Respondent Judgment January 29, 2002 The Contempt of Court Act, 1926 (XII of 1926), Section 2 The contempt petitioner expressed remorse before the Appellate Division and surrender to the mercy of the court and expressed unconditional apol...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ......itioner was found guilty by the High Court Division and pronounced judgement of sentence against which appeal was preferred and the Honourable Appellate Division passed the order of exoneration. Lawyer Involved: Ozair Farooq, Senior Advocate (MI Farooqui, Advocate with him) instructed by M..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
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. ......Nawab Ali, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... Cases Referred to- Sangsad vs. Land Control, AIR 1966 Allahabad 221; Surendra Singh vs. State of Uttar Pradesh AIR 1954 SC 194. Lawyers Involved: Khan Saifur Rahman, Advocate, instructed by Shari..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
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