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State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ng the tape HM Ershad admitted that he indeed had talked over phone with the learned judge concerned. We, therefore, issued a contempt Rule against him, HM Ershad, for trying to pervert the course of justice by influencing a judge of this Court. 7. In his application the learned Attorney Genera......ial work in Ambard Vs. AG of Trinidad and Tobago, AIR 1936 PC 141 and the observation of the privy council is applicable with greater force where the constitution guarantees freedom of expression and accordingly, he submits that fair criticism of judicial work has to be and is allowed and in the abs...... Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......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. ......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. ......1985 BLD 137, 8 DLR 404. Lawyers involved: Shawkat Ali Khan with Fazlul Huq Khan Farid and Md. Ensanuddin Sheikh Advocates-For the Appellants. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General-For the Respondent. Criminal Appeal No. 2445 of 1997. Judgment ......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)
....ated under section 9(Ka) and 9(Ga) and, as such, the defect appears to be substantial and it can be cured under section 237 of the Code of Criminal Procedure. Because, the basic principle of criminal justice is to ensure that the persons proceeded against must be given particulars of the offence pun......trar of village Khagra under Nalcity Police Station. During the investigation, the Police Officer seized connected Kabinnama relating to the marriage of the accused Md. Alam with the victim girl; and accordingly the said registered Kabinnama was marked material Exhibit VI. DW 2 has given testimony i...... Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney- General—For the Respondent. Criminal Appeal No. 1709 of 2000. Judgment Khondker ...... 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. ......ecommended for 50% increase of the rental of all the tenanted premises including the petitioner one. Thereafter, in consequence of raising objection by the tenants 35% of the rental was increased and accordingly, the rental of the room Nos. 7 and 8 was fixed at Taka 110 with effect from October, 198......neous 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 No.245 of 1983......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. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... The Penal Code, 1960 (XLV of 1960), Sections 406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Due to inducement the complainant paid money to the accused on the undertaking to repay as and when dem......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. ......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. ...... The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limitation against the party af......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. ...... 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. ......l 8, 2002. Result: The leave petition is dismissed. The Emergency Requisition of Property Act, 1948 (xiii of 1948), Section 8B Since the possession of the land had already been delivered to the requiring body on payment of compensation the requisitioned land is not liable to be released......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)
....based on concurrent findings of fact and thereby exceeded the revisional jurisdiction under section 115(1) of the Code of Civil Procedure which resulted in an error in the decision causing failure of justice and, in such view of the matter, the findings and decisions as arrived at by the High Court ......quires at his birth an equal interest with his father in all ancestral property held by the father and on the death of the father the son takes the property, not as his heir, but by survivorship and, according to Dayabhag the son does not acquire any interest by birth in ancestral property, their ri...... 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 Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136. ...... 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. ......er the Constitution and the laws of Bangladesh. 3. Their case is that in 1998, Ministry of Information invited tenders to install and operate a Television Channel under the private ownership and accordingly, tender notice was published in a national daily. As many as 17 enterprises participated......ip;……………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and......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)
....ppeal below did not commit any error of law or procedure in affirming the decree of the trial Court upon such conclusion by the impugned judgment and decree, which have not resulted in any failure of justice. In the result, this Rule is discharged without however any order as to costs. Impugned judg......ge and the cause of action for possession would accrue only on such marriage, and since the suit was brought within twelve years of the marriage, the suit was found to be not barred by limitation and accordingly, decreed by the High Court at Lahore. 13. In dismissing the appeal preferred theref......;…………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 Referred to- Golam ......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. ......vision 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 below and decreed the suit against which the defen......he finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. ......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)
.... the transaction was a sale we are of the view that when the nature of transaction become doubtful on the specific allegation being made out by the appellant pre‑emptor then for the interest of justice matter is required to be tested by adducing evidence in the trial Court in order to ascertai......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. ......, Order VII rule 11 When the nature of transaction whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the trial court to find ......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
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
.... of the Building Construction Act. Since the hearing and disposal of the appeal was being delayed the respondents moved the High Court Division and obtained a Rule after serving a notice of demand of justice. 3. The petitioners contested by submitting that the writ petition was not main...... paid to the land owners and the possession of the requisitioned lands were officially handed over to the Dhaka Improvement Trust. However, a decision was taken in 1970 to derequisition the lands and accordingly, a few notices were served on some of the land owners asking them to refund the compensa......nd investment of huge amount of money in constructing the building by the party a vested right accrued in its favour. RAJUK cannot cancel such sanction in an arbitrary manner without giving notice to that party on the grounds as claimed by it. &nbs......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)
....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. ......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. ......5 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff ...... 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. ......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. ......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 acceptance of the rent.......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. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ......t No. 2 (In Criminal Petition No. 167 of 2001). Not Represented-Respondent No. 1 (In all the cases) Criminal Petition for Leave to Appeal Nos. 165-167 of 2001. (From judgements and orders dated 8-8-2001 pas...... 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. ......t and order and that for fixing the capacity and rate of duty the official of the appellant inspected the plants and machineries and ascertained the number of filling valves in each filling machinery according to the Rules on consideration of filling machine and filling valves and number of shifts i......oviding levy and assessment of duty on the basis of filling valves in respect of production of aerated water of all sorts as per the guideline provided in the impugned SRO the same cannot be declared to be without lawful authority…................................(35) Cases Referred to- Z..................................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.
......t No. 3 however, advised the petitioner No. 2 that she could apply for seeking permission to leave ownership of the property transferred in her name and the petitioner No. 2, simple person as she is, accordingly put in an application requesting for granting her permission for the purpose of transfer......s heirs Md. Naimuddin and others 1983 BLD (AD) 1 = 35 DLR (AD) 31.
Lawyers Involved:
Rafiqul Huq with Afreen Mahiuddin, Advocate — For the Petitioners.
Nusrat Jahan, Assistant Attorney-General — For the Respondents.
Writ Petition No. 4101 of 1999.
Judgment
...... 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)
....eason why such a long time is required for framing charge for completion of the trial of the said case. Considering the facts and circumstances of the case, we are of the view that in the interest of justice the accused appellant should be enlarged on bail, since he has been waiting in the custody f......r for bail of the accused appellant. 2. The prosecution case, in brief, is that the marriage of Mossamat Sabina Bibi with the accused appellant was solemnised for the first time on 26‑5-Â1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant ...... Vs. State......................Respondent Judgment February 10, 2002. Lawyers Involved: Golam Arshad, Advocate-For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney ÂGeneral with Md. Jalal Uddin Assistant Attorney-ÂGeneral-For the Respondent. Criminal...... 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. ......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. ................ Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour ......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
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