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Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
.... 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 within 15 days of refusal of acceptanc.......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)
....aka 1 crore 88 lac for Rajshahi and Khulna Divisions. The writ petitioner respondents further stated that sub‑sections (4), (5) and (6) of section 3 of the Excise and Salt Act, 1994 were amended by provisions relating to levy and collection of duties on production capacity remained substantially t..................................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
.... 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.
...... an allotment order No. 254/CHS dated 11-3-1966 by the Assistant Commissioner, Rehabilitation and Works, Eden Building, Dhaka measuring more or less 455 sq. yds. The petitioner No.1 is the brother-in-law of Sayed Ali Md. Azfar who decided to settle permanently at his own district town in Faridpur an..
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
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. ......fine of Taka 100 in default to suffer simple imprisonment of three days passed by the High Court Division in Criminal Contempt No. 3 of 1988. 2. This Division after elaborate discussion on law relating to contempt held that the High Court Division had rightly found the petitioner guilty o..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).
....d signed by the judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save as provided by section 152 or on review. Under the aforesaid provisions judgment shall be signed at the time of pronouncing it and thus there is a clear prohibit......y and stated further, that they did not enter into any agreement with regard to the land belonging to their cousin allegedly for 0.42 acres of land, recitals in the bainapatra are contradictory and unlawful and the plaintiffs in order to grab the property prepared the agreement on some illegal terms..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....andatory 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 Pourashava concerned. 3. Mr. Md. Aftab Hossain, the lear......civil petitions arising out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 1998 was a Ward..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....atory 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 Pourashava concerned. 3. Mr. Md. Aftab Hossain, the learned Ad......il petitions out of judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998 heard and disposed of together as common question of law and fact were involved therein. The writ petitioner in Writ Petition No. 1787 of 1998 was a War..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......Amin J Monsur Ali (Md) and others…………..Petitioner Vs. State………………..Respondent Judgment December 12, 2001. Result: The petition is dismissed. Fugitive from law A fugitive has no right to seek any kind of redress as against his grievance, if any, against..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....ing ground that Police is law enforcing agency and they are guided by Bangladesh Police Regulation and the Regulation is parallel to the Code of criminal procedure and in police Regulations there are provisions permitting the presence of Police Officers at the time of inquiry. 10. Being aggriev......ng presence of High Police Officer and Police representative during Judicial Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court ..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. ...... bail if granted. Mr. Khandker submits that out of 75 cited witnesses no one has directly implicated the petitioner for any offence punishable under section 120B/302 of the Penal Code or of any other law and in such a situation may be favored with bail." 3. Mr. Khandaker Mahbub..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... the plaintiff, on the same day, two trucks of the petitioner (already hypothecated to the Bank in connection with separate loan) and the house property of the judgment debtor were attached under the provisions of Order XXXVIII rule 5 of the Code, and also a warrant of arrest was issued against the ......34 shows that there are godown, shop and house situate on the land. The proclamation does neither contain full particulars of the nature of property nor the probable market price of the property. The law is settled in the absence of such particulars, no valid order for proclamation for sale could be..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)
....h Bidhan) Adalat. The convict Alamgir Hossain is a child below the age of 16 years and as such the trial as held and the judgment passed by the Special Tribunal is without jurisdiction in view of the provisions of section 5 of “The Children Act, 1974”. The learned Tribunal seriously erred in law......to show cause why the trial, conviction and sentence of the child to imprisonment for life inflicted by the Courts and Tribunals of Bangladesh, not being Juvenile Court properly constituted under the law, being violative of the consistent/repeated directions of the High Court Division, should not be..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....foresaid order of conviction and sentence for the offence of criminal misconduct and moral turpitude the present petitioner has been disqualified from being a Member of Jatiyo Sangshad in view of the provision of Articles 66(2)(d) and 67(1)(d) of the Constitution of the People’s Republic of Ba......proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Rangpur 3 constituency and has a right to be represented in the Parliament by a qualified Member under the law and according to the writ petitioner the present petitioner can not be allowed to act as a Membe..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......the abetment. This is applicable to the accused guarantor. Thus, we finally conclude that the High Court Division on a wrong notion proceeded to decide the issue before it and overlooked the relevant laws and consequently came to the wrong conclusion. In the result this appeal is allowe..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....m. 3. The suit was contested by the defendant No. 1, herein appellant, contending, inter alia, that the suit is not maintainable as framed and that the same is by the provision of section 42 of the Specific Relief Act. The specific case of the defendant No. 1 was tha......ut having those decrees set aside but the High Court Division reversed the decree of the trial Court on the view that because of the defence case itself those rent decrees being collusive the same in law need not be set aside for having a declaration by the plaintiff in his suit as framed. The learn..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ...... when Writ Petition No. 3400 of 1996 was rejected a Civil Petition for Leave to Appeal No. 298 of 1997 was filed before the Appellate Division which is still pending. It has also been stated that the law officer of the Ministry failed in his duties by not taking steps and the Ministry was kept in da..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
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