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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. ......nd, Bangladesh and others..........Respondents Judgment July 6, 2002. The Constitution of Bangladesh, 1972, Article 102 The law is now settled that unless final order is passed in a matter, person interested in the matter ..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. ...... was made that there is insufficient land at the existing site of the school are baseless reasons" and, in such view of the matter, the findings of the High Court Division cannot be sustained in law. 6. Mr. A J Mohammad Ali further contended that the plaintiff‑respondent has ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....hallan. 17. PW 17 Ishrafil Khandaker is the Magistrate, First Class, Narsingdi and he stated that he recorded the confessional statement of the accused Harish on 16-6-1997 in compliance with the provision of section 164 of the Code of Criminal Procedure and he proved the statement Exhibit 5. He......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 alleged occurrence th..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)
....nnel. Therefore, the licence agreement signed with Mr. AS Mahmud was malafide. 13. The petitioners claimed in the writ petition, that the licence agreement was signed in accordance with the provisions of section 4(1) of Telegraph Act, 1885 and section 5 of Wireless and Telegraphy Act, 193......ellip;..(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional manda..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....ision therefore summarily rejected the revisional application. 4. It is now submitted before us by learned Counsel for the defendant petitioners that in for permanent injunction simpliciter, provisions of sections 54 and 56 of Specific Relief Act have to be read together as supplement...... Court with a direction to decide the suit afresh enabling the parties to lead additional evidence of the documents that has been filed by the parties and therefore trial Court had committed error of law in not framing proper issue. The High Court Division after hearing the parties observed that the..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. ......e petitioner submits that victim Masuda Khanam (Hasi) is a minor girl of 15 years who has been kept in the judicial custody against her will. It is submitted that the High Court Division erred in law in failing to exercise authority under section 491 of the Code of Criminal Procedure in such a..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....Council. If the report based on such cassette is considered contumacious, then the contents of the cassette should also be the subject matter of Supreme Judicial Council's consideration under the provision of law and the Constitution. The Attorney-General and the President have the duty of ensur......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)
....offences under different sections of the same Act, it is competent to inflict punishment under those sections in spite of the fact that the accused persons were not formerly charged under those penal provisions. According to him, such an irregularity it is curable under section 237 of the Code of Cr...... 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)
....e or usable except with great inconvenience, like keeping them wind and water-tight. The landlord shall be bound to make such repair or to take such measures in any event. On his failure to do so the provisions of subsections (1) and (2) shall apply without the limitation as to the amount deductible......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)
....gh 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 1960‑61 under the provision of (Emergency) Requisition of Property Act, 1948 for construction of link road from Darus ......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)
.... property cannot be gifted by registered instrument. 11. The learned Counsel has further argued that the suit property cannot be declared as enemy property in the year 1976 in view of the provisions of Ordinance No. 1 of 1969 and lack of evidence on the side of the Government as to posse...... 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)
....agreement between the Government and Mr. AS Mahmud, Mr. Mahmud transferred the licence to the Ekushey Television Ltd. Petitioners claim that this licensing agreement was signed in accordance with the provisions of section 4(1) of Telegraph Act 1885 and section 5 of Wireless and T......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)
....s of the view. “Admittedly, the uncles of the plaintiff and their transferees including the predecessor of the contesting defendant have been in possession of the suit land contrary to the provisions of the will Exhibit 1 for more than 12 years and the executor and the plaintiff himself (......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)
....advertently mentioned Order I rule 10 CPC in the cause title of the application. Be that as it may, the learned Assistant Judge accepted the said application holding that misquotation of a particular provision of law in the application should not stand in the way in granting a relief to the parties ...... 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
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....Division under section 115 of the Code of Civil Procedure. The High Court Division found that the executing court had held that the other Execution Case No. 70 of 1964 was barred by limitation as per provisions of article 181 of the Limitation Act as the case was ‘revived' after about 14 years......uit land be restored to them. 3. The decree holders contested the application of the judgment debtors stating, inter alia, that the judgment debtors and their engaged lawyer had knowledge of the execution case right from 20‑5‑1992 and the notices were dul..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
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