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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
.... the embodiment of the will of the people. 120. In this connection it may further be mentioned that originally the power to remove a Judge of a superior Court was given to the Parliament. But by amending that article now that power has been entrusted upon the Supreme Judicial Council. This powe......o. By publishing the aforementioned report the Chief Editor, Printer and the owner of the daily newspaper 'Manabjamin' have committed the gravest contempt of Court. In the interest of rule of law and independence of judiciary and administration of justice it is necessary that the aforementio..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. ......nment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal Khan was married to Haider Ali Shaikh who had been serving in Malaysia. In the absence of his son-in-law, accused Hobi and Ashraf tried to have sexual intercourse with Fazila Khatun. On 7‑5‑1997 sh..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....... the accused persons by force and compelled her to marry the accused Md. Alam against her will, and, as such, the learned trial Court convicted the appellant accused persons in proper appreciation of law and facts. So far the alleged defective charges are concerned, it is submitted that since trial ..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. ......submits that the petitioner was not competent to make an application for repair remaining out of possession in the case premises due to dismantling and, as such, the Court below committed no error in law in his decision. 9. The question which needs consideration is whether the learned Subordina..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. ......y the judgment and order dated 22‑5‑2000. 6. The learned Advocate appearing for the accused‑petitioner submits that the High Court Division erred in law in failing to consider that the allegations made in the petition of complaint is regarding civil..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. ......tted owner Binayendra Aich in 1940. In view of the findings of the courts below as to the petitioner's continued possession from the time of their predecessor‑in‑interest, Hari Prasad Das and the law contained in section 7 of the non-agricultural Tenancy Act, 1949. High Court Division erred in m..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. ......acquired land remained unutilised for long 36 years and the government adopted a policy to return the unutilised land to its original owners on return of compensation the High Court Division erred in law in discharging the Rule. 4. We have considered the submission of the learned Advocate‑onâ€..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. ...... Provision) Ordinance, 1969 (I of 1969), Section 2 With the repeal of Ordinance no 1 of 1969 on 23-03-1974 no vested property case can be started thereafter on the basis of the law already dead………………(14) Case Referred to- Laxmi Ka..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. ......ud respondent No. 7 (Annexure-"F") and the subsequent approval to transfer the licence to the ETV Ltd (Annexure-"H") should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 2. In this Writ petition tw..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. ......p;…………………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..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. ......evision the learned Judge of the High Court Division took the view that the courts below did not consider the material evidence in arriving at the said findings of fact and thus fell into an error of law in dismissing the suit. The learned Judge accordingly, set aside the decision of the courts belo..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. ......dent No. 1 (pre-emptee) filed an application under Order VII rule 11 of the Code of Civil Procedure for out right rejection of the pre‑emption proceeding on the point that it was barred by law inasmuch as the transaction being an exchange was not pre‑emptable under Clause 10(b) of s..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. ...... entitled to b impleaded in the suit. 6. Mr. Ibrahim Khalil Miah, learned Advocate for the opposite parties, on the other hand, submits that the learned Assistant Judge has committed no error of law in allowing the opposite parties to be impleaded in the suit on the death of the sole plaint. ..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. .......e. well within time to deposit the rent with the House Rent Controller as per above provisions. As such the High Court Division held that the decision of the courts below could not be sustainable in law and therefore, made the Rule absolute. We find that the courts below overlooked the fact that th..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. ...... Under section 138 of the Negotiable Instruments Act an offence is committed if a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Since there is a pri..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 fil..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
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....... 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...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. ......this material part of the prosecution case and the material evidence on record and arrived at his conclusion in a mechanical way, without properly weighing and sifting the evidence in accordance with law. 33. There is, of course, no rule of law to suggest that if a part of the evidence of a wit..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. ......tions 324 of the Penal Code. 2. The prosecution case, in brief, is that on 16-9-1992 the condemned prisoner Abdus Samad came back to his house at village Maijhati from the house of his father-in-law with his wife, children and the wife of his brother-in-law in the afternoon. Thereafter at the t..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115