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Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... 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. ......rgues that although the company in the normal procedure of running its business took loan from the bank and other different persons including the petitioner but the company is a going concern and the question of losing its substratum does not arise in this case. He refers to the balance sheet of Dec...... of the MOU dated 2‑6‑2000 but submits that since the relevant file was forcibly taken away by the petitioner himself, he could not prepare the affidavit-in-opposition properly giving the correct facts and figures. Besides, he submits that the claim of the petitioner from which the instant proce..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. ......trial, the court may not, for ends of justice, direct, a retrial. There may be other extenuating circumstances which may impel a court to take a lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in ......at there having been no evidence to substantiate an attempt to murder, the impugned judgment and order of conviction and sentence under section 10(2) of the aforesaid Act is not tenable in law in the facts and circumstances of the case and, as such, the appeal should be allowed and the accused appel..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. ...... (Control, Management & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original......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. ..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. ......thout any success. 4. The leave was granted to consider the submission of the learned Counsel of the appellants to the effect "that the prosecution case is, to the effect that the questioned Muktipatras were executed by the accused persons in their own name and on their own beha......d of the said fact it was contended that the document being not a false document within the meaning of section 464 of the Penal Code conviction for forgery was not sustainable in law. In that given facts it was held that the document in question was not a false document and that conviction for f..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. ......mits that the High Court Division was in error in not considering the material fact that by the impugned letter the petitioners were restrained from enjoying their leasehold right in the fisheries in question. He further submits that the High Court Division was in error in treating the letters impug......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. ......by the learned Assistant Judge Shariatpur in Title Suit No. 40 of 2000 rejecting the application for temporary injunction under Order XXXIX rule 1, of the Code of Civil Procedure. 2. The facts, leading to this petition, are that the plaintiff‑respondent Nos. 1‑3 instituted t..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.......a Judgment and order dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred by the convict being Criminal Appeal No. 3032 of 1998 inasmuch as they involve common question of fact and law. 2. The prosecution case, in short, is that about one year before the ......appellant was found voluntary and true which can be the sole basis of the occurrence. Learned Deputy Attorney-General also submits that although there is no eye witness of the alleged occurrence, the facts and circumstances of the case and the material evidence on record point to the guilt of the pr..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)
.... 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. ......by the Appellate Division as to locus standi to maintain a public interest litigation acted illegally in holding that public litigation may even he directed against less fortunate persons when the question of malafide exercise of power or the question of transparency is agitated and thereby ext......and CEO Ekushey Television Limited. Civil Petition for Leave to Appeal No. 636 of 2002 is by the Director General, Bangladesh Television. All these petitions are disposed of by this judgment as the facts and law points involved are similar. 3. Circumstances leading up to the presentation ..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. ....... 5. We find that the High Court Division has rightly held that in a suit for permanent injunction simpliciter an issue whether the registered deed is forged or not cannot be decided. Such a question is to be decided in a separate suit and we find that in the instant case it is to be at the......cisions referred to concerned suits for declarations and suit for permanent injunction. The principles of law enunciated in those decisions not disputed but those decisions were not applicable in the facts and circumstances of this case. The High Court Division therefore summarily rejected the revis..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. ......at father being the best well wisher of a minor daughter is entitled to the custody and in her own interest she should be given to her father's custody. 7. Here in the present case the main question is whether Masuda Khanam (Hasi) is a minor or not. If she is found to be a minor she shoul...... on behalf of respondent No. 4 and there was no occasion or reason to change the date of birth excepting the reason that has been submitted forcefully by the learned Advocate for the appellant. The facts and circumstances indicate that the date of birth of the victim has been correctly reflected..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......d not amount to contempt of Court and so, on the first day, we did not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in question with a transcript and directed him to disclose the source from which he obtained the casset......in question contains no disparaging remarks or demeaning words about any Judge or any Court and therefore no one can take exception to the publication of it, far less for contempt of Court and in the facts and circumstances no contempt has been committed by publication of the said report about the s..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. ......r women, namely Asia, the mother of the victim, as well as mother-in-law of the informant and Mazu Bibi, the mother of accused Ashraf. Mother of accused Ashraf might have told lie to save her son but question would arise as to why Asia, mother of the victim and mother-in-law of the informant, would ......ness but law does not permit to tender a vital witness to avoid disclosure of truth before the court. In this case, considering the submission of the learned Assistant Attorney-ÂGeneral and also the facts and circumstances of the case we consider Asia as most vital witness but she was tendered, ins..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.......cument was seized by the Investigating Officer during investigation. 25. In view of the aforesaid evidence on record, it is clear there is no competent witness to give testimony touching the vital question as to whether the victim girl was taken away by the accused under threat and coercion and g...... the accused-persons were not properly convicted and sentenced against the charges framed and, as such, committed mistake in passing the conviction and sentence. He has also brought our notice to the facts and circumstances of the case by which, it is asserted, that main ingredient of the offence re..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. ......ot 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 Subordinate Judge has committed any error ......hi in Miscellaneous Appeal No. 49 of 1986 affirming the order dated 18-1-1996 passed by the learned Rent Controller, 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 ..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. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......and order dated 22‑52000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule. 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a..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. ......tition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Article 2. The court of settlement has no jurisdiction in deciding the question of abandonment of the case building when a suit challenging the abandoned character of the ......ners seek leave to appeal against the judgment and order dated 8‑3‑2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1631 of 1994 making the Rule absolute. 2. The facts leading to the leave petition are that the petitioners Golam Rabbani and six others are the so..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. ......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. ......ay in filing the Miscellaneous Case and that there was substantial Government interest i.e. public interest, involved in the case and, as such, the learned Additional District Judge considering the facts and circumstances passed the impugned judgment and order condoning the delay thereby allowed..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
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. ......sel, referred to section 7(2) of the Non‑Agricultural Tenancy Act, 1949, to advance his argument of adverse possession. Under the section a tenant must show that he had been holding the property in question for a period of not less than twelve years without any lease. Mere suggestion of uninterrup......ve, it may be drawn that the defendant‑appellant's claim is based on three legal presumptions as for example, permanency of tenancy, adverse possession and lastly, the long possession. 16. The facts and circumstances of each case will determine whether the presumption of permanency of tenancy..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. ......ubmitted an application on 1‑7‑1987 to the Hon'ble Minister which was forwarded to the Deputy Commissioner, Dhaka for a report. The Deputy Commissioner submitted a report stating that the land in question could be released on return of compensation money paid to the owners. Since the land was no......itioners seek leave to appeal against the judgment and order dated 6‑3Â2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1383 of 1996 discharging the Rule. 2. The facts leading to the application are that the suit land was requisitioned in LA Case No. 71 of 1960â..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. ......ter alia, that the suit was not maintainable in its present form; that the aforesaid recorded owners Upendra Nath Paul and Nripendra Nath Paul left for India permanently and, as such, the property in question has been rightly declared as an enemy property and subsequently as vested and non resident ...... reasons, we hold that the High Court Division exceeded in its revisional jurisdiction in setting aside the findings of the lower Courts below concluded by concurrent findings of fact. In view of the facts and circumstances, we find merit in this appeal and accordingly, we set aside the findings and..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
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