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Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....o appeal against the judgment and order dated 22‑91998 passed by a Division Bench of the High Court Division in Writ Petition No. 2280 of 1998 making the Rule absolute. 2. The facts, in short, are that the respondents purchased the case land in December, 1974 by three kabalas......Appellate Division (Civil) Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. R......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....purchase from Lal Mohon by registered deeds and that they have acquired interest in the suit land. Therefore, they claim that they may be allowed to prosecute the suit since Lal Mohon is dead. In the facts of the given case, I am of the view that Order XXII rule 10 CPC is the only provision of law, ......e Court High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Abu Taher Bhuiyan.…………..Petitioner Vs. Lal Mohon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Resul......sole plaintiff in the suit who was the exclusive owner of the suit land is not disputed by the parties. Petitioner disputes the identity of sole plaintiff Lal Mohon which issue can only be decided on evidence. It is also admitted fact that the defendant Nos. 3-5 are the wife and daughters of Lal Moh..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....striking off the execution case as barred by limitation and directing restoration of possession to the judgment debtors‑petitioners in the suit property. 2. The facts are that the plaintiff respondents brought Title Suit No. 173 of 1961 in the Court of the......; Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Shah Newaz Ebne Mostaque and others ........................Petitioners Vs. &nb...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
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. ........................Petitioner Vs. Md. Saidur Rahman ................Respondent Judgment February 19, 2002. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18 and 19 (1)(Ka) Purpose of the provision is to see whether the tenant has deposited the rent w......same by filing the aforementioned Miscellaneous Case No. 90 of 1990 before the Assistant Judge on 18‑6‑90. This fact has escaped consideration of the courts below. The courts below considered the evidence of PW 1 who in cross examination stated that the respondent had deposited the rent withi..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
....ed by a Division Bench of the High Court Division discharging the Rules in Criminal Miscellaneous Case Nos. 7753, 7754 and 7755 of 2000. The leave applications are disposed of by this judgment as the facts and law points involved are similar. 2. Complainant res......; Ruhul Amin J KM Hasan J Monzur Alam (Md)................Petitioner Vs. State and another .............Respondent Judgment ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....0 or more consecutive days the said respondents would be entitled to a proportionate exemption of duty and that fixation of 190 days was also arbitrary and without any reasonable objective basis. The facts in the other writ petitions are somewhat similar and, as such, are not repeated for the sake o...... ...... its administration and to effect and to determine the existence of the facts on which its operation depends. Similarly, fixation of the maximum rate of duty is not generally incited as equivalent to evidence of legislation. 21. The impugned notification Annexure‑C together with Annexure‑C..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
....y Act and such refusal tantamount to treat the petitioner not in accordance with law and it is an action detrimental to the property of the petitioner which is not authorised by law.
12. In the facts and circumstances of the case and in view of our discussion as above we find that refusal to m......s also Reported in: 54 DLR (HCD) (2002) 451.
...... 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.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
....is serious in nature and it appears that the charge-sheet was submitted against the accused appellant under section 9(Ka) of the Nari‑o-Shishu Nijatan Bishesh Bidhan Ain, 1995 and considering the facts and circumstances of the case the accused appellant should not be enlarged on bail. 5. We......lant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,000 but the accused appellant to...... 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)
....er, the victim was removed to the hospital for treatment but he died on way to the hospital. 11. He was cross-examined at length. It is found from his evidence that he omitted to state important facts to the investigation officer while examined him under section 161 of the Code of Criminal Proc......Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 ......he prosecution examined as many as 15 witnesses and exhibited some papers in support of its case while the defence examined none. 4. The learned Additional Sessions Judge on consideration of the evidence on record found the accused-appellant guilty under section 302 of the Penal Code and senten..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....s benefit resulting in mis-carriage of justice. The learned Deputy Attorney-General appearing with the learned Assistant Attorney-General submitted in reply that the examination of PWs 1 to 4, in the facts and circumstances of the case, cannot have the effect of vitiating the trial inasmuch as the r..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D......s order dated 27-5-96 fixed 19-6-96 for production warrant. Thereafter, PWs 5 to 19 were examined by the prosecution and cross-examined by the State defence lawyer. After the close of the prosecution evidence, the condemned prisoner was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....urt Division, has, however, allowed Taka 35,000 as solatium while dismissing the suit and the defendant has not moved against the said granting of solatium. 9. In the facts and circumstances of the present case, we found no cogent reason to interfere with the impugne...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
.... jurisdiction and that section 21 (1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourashav......hury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22, 2002. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....jurisdiction and that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourasha......Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Banglades......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. ..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....wo Criminal Revision petitions being numbered Criminal Revision No.683 of 1999 and Criminal Revision No.680 of 2001 under section 439 of The Code of Criminal Procedure. 4. Portrayal of essential facts forcing the background of two criminal Revision Petition may succinctly be stated and noticed.......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad......s. The Metropolitan Magistrate by order dated 4.3.2001 ordered for sending notice upon Police Commissioner, Dhaka Metropolitan Police for sending a Police Officer for his presence during recording of evidence of witnesses. 16. The Complainant-petitioner, thereafter, filed a petition objecting t..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossa......secution has probably lost interest in the c reasons best known to them. However according to prosecution, at least 5/6 witnesses implicated the Appellant simply on the ground that there is no direct evidence against this appellant we are not inclined to enlarge the appellant on bail. 9..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....he parties ask for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made out. The words “sufficient cause" is a question of fact depending on the facts and circumstances of the case. The court considering the materials constituting sufficient cau...... Present: Mahmudul Amin Choudhury CJ Md. Gholam Rabbani J Md. Fazlul Karim J Mahbubur Rahman and others……..Petitioners Vs. Agrani......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)
.... submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to be discharged. 13. Few facts that are not disputed need to be restated in order to appreciate the decision of the executing......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is......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. ......02, 206; 7 BLC (2002) HCD, 85. ......ithout jurisdiction and violative of the fundamental rights guaranteed by Article, 35 of the Constitution. The learned Advocate further submitted that apart from jurisdiction point it is a case of no evidence as there is no eye witness of the occurrence. The conviction and sentence of the petitioner..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
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. ......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Golam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Chief Engineer, C & B and another ................... Petitioners Vs. Shah Hingul Mazar Sharif and others.................in the name of the Government and the plaintiff is in unauthorised possession of the suit land and so the Government is trying to get back the property. 4. The learned Assistant Judge after taking evidence decreed the suit for permanent injunction against which T Appeal No.376 of 1993 was filed b..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
.... has no relevancy to the question involved in the present appeal. The learned Counsel has also referred to the decision reported in 21 DLR (SC) 365. In the reported decision, in the background of the facts of the case it has been observed; “At best, the relief claimed ‘might be stretched......nbsp; Dudu Mia and others.........................................................Appellants ......that they would be required to grant receipt to the Eksona tenants of the plaintiff and the defendant used those papers in the said Rent Suit No. 732 of 1954, but not a word stated by the PW 1 in his evidence with regard to those allegations. The plaintiff was a party in the said Rent Suit and also ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
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