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Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......enal Code and sentencing him to suffer rigorous imprisonment for 2 years and to pay fine of Taka 2,000, in default, to suffer rigorous imprisonment for one month more. 2. The prosecution case, in short, is that one Biresh Chandra Das, a co‑villager, as complainant filed a petition......alleging, inter alia, that on 21‑6‑1982 the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making ille..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ......al No. 185 of 1999 dismissing the appeal and affirming the judgment and order dated 6‑9‑1999 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 120 of 1994. 2. The case of the petitioner, in brief, is that he joined in the service of the then Government of Pakista......d period provided by law. In the circumstances we find no substance in the petition. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 37. ..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......late Division, was fully satisfied by the judgment debtor‑appellant‑Dhaka University on 26‑8‑1999 upon payment of the entire decretal amount and, as such, the execution case reached its finality and hence became infructuous and the executing Court became functus offic......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......f constructing a hospital and thereupon inquiry was held, that the Allotment Committee considered the prayer of the defendant No. 6 and took decision to lease out the land to it. It is the definite case of defendants that the allotment made to defendant No. 6 was neither improper nor illegal and ......o hower decree dite” 3. The said suit was decreed as follows: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6‑4‑199..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......on 106 of the Transfer of Property Act and asked the defendants to vacate the premises. 4. The defendant-petitioners contested the suit by filing written statement wherein they denied the plaint case and their specific case is that the disputed premises were let out to them on yearly basis from......ern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on the ground of default and bonafide requirement. 3. The facts of these suits are that th..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......Judge and Artha Rin Adalat, 4th Court, Dhaka by which civil warrant of arrest was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the respondent No.2 blank for a loan of Taka 50,00,000......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
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Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......since the defendant failed to show that they paid rent up to date the court below has rightly decreed the suit. In support of his contention the teamed Advocate for the respondent has referred to the case of Ramjan Ali Mistry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein it was held: ......Choudhury and others reported in 33 DLR (AD) 55, and the case of AKM Shamsuddin and others Vs. Altafuddin Ahmed reported in 43 DLR (AD) 230. He next submits that deposit of rent in favour of previous landlord will not protect the tenant from being defaulter and from being evicted as such. In support..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327. ......ed to pass an order of detention making the same effective for 30 days from the date of service of the order of detention as was being done since 17‑2‑1993. From the order of detention in all the cases it is found that most of the District Magistrates including the District Magistrates of Dhaka,......Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is the supreme law of the land…………….(16) The rational deduction from Article 7 of the ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ......spondent No. 1 in the writ petition) to release the goods imported by the Respondent though the letters of credit mentioned in the writ petition on acceptance of the customs duty and other charges in case so be assessed by the customs authority within 7 days from the date of receipt of the certified......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ......all be referred to as said Ain) and sentencing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case, in brief, is that the accused-a 'bhanda Peer' of the locality‑ used to persuade the victim t...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......rticular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been......‘11‑1970 leaving behind the writ petitioners and others as the heirs to whom he gifted the property on 13‑10‑1970 and that the American Embassy, tenant of Dr. Hasan, accepted the respondents as landladies who as well mutated their names with the Dhaka Municipality, paid rent and taxes and were..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......show cause as to why the impugned order complained of in the petition should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the petitioners and opposi.......14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession of the 'ka' schedule land against the predecessor-in-interest o..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......moved on 14.8.2001 and upon hearing the learned Advocate of the petitioner the aforesaid direction was issued by the Court and disposed of the application. It is stated by the petitioner in this case that the aforesaid order dated 14.8.2001 was duly communicated to the present respondent No.1, ......d acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issued under Memo. No. Rajuk/pa/sha/ni-pa/ka/dha for taking possession of the land of the petitioner in Mouja Baridhara, Block 'J,' Plot No.783, measuring more or less 30..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......other words, their evidence is not worthy of consideration.” …….(7) Prosecution shall determine how many cited witnesses to be examined for proving it’s case. ……………………….(7) Lawyer......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......) It is now the settled principle of law that order of remand should not be made lightly by the superior court and that if materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there may be cases, as the instant one, even......perty claimed to have been executed by the defendant No. 1 on November 5, 1973 in favour of the plaintiffs and the defendant No. 3. 3. Plaintiffs have filed the suit stating, inter alia, that the land in suit belongs to defendant No. 1 and, he has entered into an agreement with them to sell the ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......ises the original owner respondent No. 8 entered into a written agreement with him for the sale of the premises on 21.4.1968 and received a sum Tk. 1,50,000/- out of Tk. 3,50,000/-. His further case is that in Title Suit No. 53 of 1973 he got a decree of permanent injuncÂtion. 4. Respond......lently created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was exeÂcuted and registered through the Court. The respondent Nos. 1-6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ther..................... Respondent Judgment May 12, 2003. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A When the case is at the investigation stage, legality or admissibility of statements of witnesses made unde......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......p; Md. Fazlul Karim J.- The co‑applicant in a preemption case under section 96 of the State Acquisition and Tenancy Act, 1950 seeks leave to appeal against ...... petitioner, a co‑sharer tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereinafter called "the Act", for pre‑empting the case land on the averment, inter alia, that though the pre‑emptor petitioner is claiming the pre&..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ion is not legal……………………………(10) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record -For the Petitioner (In both the cases) Ajmalul Hossain QC, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑onÂ-Re......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588.......section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000, by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal, Habigonj directing the Magistrate, Cognisance Court No.2, Habigonj to file a case under section 17(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 against the informant for......, 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
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