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Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
.... 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...... Ed. This Case is also Reported in: 8 MLR (AD) 41. ......against the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff Ârespondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....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......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002......bsp; Mahmudul Amin Choudhury CJ.- This appeal by leave at the instance of the informant who is the father of victim Masuda Khanam (Hasi) is against judgment and order dated 16‑4‑2001 passed by a Division Bench of the High Court Division in Criminal..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....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...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred....... However, the learned Attorney-General then submitted that the said statement of Naimuddin did 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 questi..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....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......d in: 56 DLR (2004) 383. ......pondent. Criminal Appeal No. 2445 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of the appellant Hobi Sheikh and Ashraf Ali against judgment and order dated 16‑11-Â1997 passed by the learned Additional Sessions Judge and Judge, Nari‑o‑Shi..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... 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 ......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe......r Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishesh Adalat, Jhal..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......s also Reported in: 55 DLR (AD) (2003) 64. ......Not represented-Respondent Nos. 2‑86. Civil Petition for Leave to Appeal No. 638 of 2000. Judgment Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 makin..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....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......r Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Jud...... application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Judge 1st Court Rajshahi in Miscellaneous Ap..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....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...... KM Hasan J Delwar Hossain……………..Petitioner Vs. Rajiur Rahman Chowdhury and another………….Respondents Judgment ...... Not represented‑Respondent No. 2. Criminal Petition for Leave to Appeal No. 132 of 2000. (From the judgment and order dated 22‑5‑2000 passed by the High Court Division in Miscellaneous Case No. 3869 o..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. ...... 55 DLR (AD) (2003) 90. ......neral, instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not represented‑ the Respondents. Civil Petition for Leave to Appeal No.777 of 2000. (From the judgment and order dated 8‑3‑2000 passed by the High Court Division in Writ Petition No. 1631 of 1994). Ju..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. ......ainur Reza Chowdhury J SJR Mudassir Hussain J Abul Kashem & another..................Petitioners Vs. Government of Bangladesh and others..........Respondents Judgment April 13, 2002. The ......itation Act and it is found that the government has given satisfactory explanation for delay in filing the case where there is substantial public interest involved, there is no wrong in passing the order in condoning the delay. Lawyers Involved: Dr. Rafiqur Rahman, Sen..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....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......05) 449, 635. ......ftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 1 and 3. Respondent Nos. 1‑9‑Ex‑parte. Civil Appeal Nos. 13 & 14 of 1996. (From the judgement and order dated 15‑1‑1995 passed by the High Court Division in Civil Revision Nos. 2407 & 7793 o..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....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€......lso Reported in: 55 DLR (AD) (2003) 92. ......rs Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Appeal No. 584 of 2000. (From the judgment and order dated 6‑3‑2000 passed by the High Court Division in Writ Petition No 1383 of 1996). Ju..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
.... 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...... Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgment April 1, 2002. ......ructed by AKM Shahidul Huq, Advocate‑on‑Record ‑For the Appellant. Ex Parte ‑ the Respondents. Civil Appeal No. 52 of 1998. (From the judgment and order dated 3rd March, 1997 passed by the High Court Division in Civil Revision No. 323 of 1994). &n..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....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...... (2002) 537. ......y permission to ETV Ltd to import wireless telegraph apparatus by the letter dated 29-11-99, that letter was issued by the Frequency and Wireless Board. It is further stated that in the import policy order 1997-2002 is schedule 1 under HS heading No. 6525 it is provided that wireless telegraph appar..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....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......LR (HCD) (2002) 523. ......he absolute owner of the property in complete negation of any right or title of the true owner thereof i.e. defendant No. 2, his enjoyment would be solely in assertion of hostile title. "In order to claim title by adverse possession it is incumbent upon a person to prove that he has been i..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....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......nbsp; Mainur Reza Chowdhury J Syed JR Mudassir Husain J Abul Hussain and others........................Appellants Vs. ......nt Nos. 1‑3 Ex‑Parte‑Respondent Nos. 4‑ 7.5. Civil Appeal No. 66 of 1998. (From the judgment and order dated 6 April 1995 passed by the High Court Division in Civil Revision No. 371 of 1991). ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....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...... Ed. ......dvocate‑on‑ Record‑For the Appellants. Azra Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 51 of 1998. (From the Judgment and order dated 11‑4‑1998 passed by the High Court Division in Civil Revision No. 481 of 199..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)
....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. ......Appellate Division (Civil) Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. R...... Senior Advocate, instructed by, Mvi. Md Wahidullah, Advocate‑on‑Record‑For the Respondents. Civil Petition for Leave to Appeal No. 301 of 1999. (From the judgment and order dated 22‑91998 passed by a Division Bench of the High Court Division in Writ Petiti..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
.... 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. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Abu Taher Bhuiyan.…………..Petitioner Vs. Lal Mohon Mondal and others ………. Opposite Parties Judgment March 6, 2002. Resul......ash;For the Petitioner. Ibrahim Khalil Miah, Advocate—For Opposite Parties No. 1-5. Civil Revision No. 5515 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 o..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....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......; Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Shah Newaz Ebne Mostaque and others ........................Petitioners Vs. &nb......bstituted in Execution Case No. 70 of 1992. The heirs of decree‑holder filed an application for proceeding with the execution case and the Assistant Judge, Cox's Bazar allowed the prayer by his order dated 27‑5‑1992 and fixed 3‑6‑1992 for taking necessary steps in the c..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
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