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Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......k Vs. State, 52 DLR 335; Syed Musta-fizur Rahman Vs. State, 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council 8..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....f nonÂparty caretaker Government was incorporated in the Constitution by necessary amendment and since the impugned Act did not amend Articles 48 and 56 of the Constitution there was no necessity of holding a referendum as contemplated under clause (1A) to Article 142. It is further contended that ......Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment A..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....t the prosecution has proved beyond reasonable doubt through P.Ws. 1, 2, 3, 9 and 10 that the condemned‑prisoner was a boarder in room No.14 and he himself unlocked the room No.14 by the key he was holding wherefrom the heroin was recovered by the Narcotics Control personnels in presence of the wi......on 9 thereof passed in Sessions Case No. 243 of 1990. The condemned‑prisoner has also filed the aforesaid Jail Appeal. The reference and the appeal have been heard together and this judgment would govern them both. 2. On the basis of a forwarding dated 31‑3‑1990 by one SM Nizamuddin, Inspec..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....contended, and he would be liable to pay the penalty mentioned in the bond. The High Court Division, by the impugned order dated 28 May 1982, dismissed the applicaÂtion for quashing the proceedings, holding that independent of the forfeiture of the bond the appellant is also liable to criminal proÂ......en away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over the tractor to the custody of the appeÂllant who executed a bond to the effect that he would p..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of BanglaÂdesh and others, 1977, 6 CLC (AD)
.... the appellant moved the High Court in its writ jurisdiction challenging the jurisdiction and the order of Special Tribunal. The learned Judges of the High Court have summarily rejected the petition, holding that under section 29 of the Special Powers Act, the provisions of the Code of Criminal Proc...... 19-9-1974 at Biswannath Police StaÂtion, alleging that the accused named therein abducted and murdered Montazur Rahman Chowdhury at about mid-night of 9-9-1974. The Police took up investigation, recovered the dead body of Montazur Rahman from a certain Haor and completing investigation subÂmitted..Category: Criminal Law | Date: | Hits: 99
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....the kabala for reconveyance were genuine still there would be no difference and that the right of pre-emption would not be defeated by the re-sale because, in their opinion, as soon as the share of a holding is transferred a co-sharer tenant has got a statutory right to pre-emption which remains una......ion of a number of cases it was held that operation of section 26F could not be jeopardised by an agreement for reconveyance and that the right to pre-emption being a statutory right, it will prevail over any agreement for reconÂveyance. It was further held that as soon as “the holding is transfe..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... resulting from the news paper’s critical stance against the imposition of emergency. 60. In Prapat Singh Vs. Punjab (AIR 10964 SC 72), the Supreme Court set aside a decision on malafide ground, holding that the allegation placed by the petitioner that he was a victim of the Chief Minister’s ......: ..Category: Criminal Law | Date: | Hits: 133
....e High Court was not conceded to by the learned Judges, the Deputy Attorney-General who appeared for the Government, could not place the relevant files of the Government to explain the necessity for holding up the delivery of the possession of the respondent’s firm. He further submitted that as t......f the Constitution for directing the appellant and respondents No.4 to 8 to restore to them the possession, control and management of this firm in pursuance of an order of release of the same by the Government (as contained in Notification No. SRO. 31-L/76 No. Industries/13-3M/104/75/11 dated 17-1-7..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....ed by a kabuliyat with an annual rent reserved. 12. The next case cited is Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593. In determining the validity of a notice to quit for ejectment of a tenant holding under a monthly tenancy terminable on the fifteenth day of each successive month, it was hel......cannot now be allowed to raise objections as to the requirement of sufficiency of six months notice relying on the kabuliyat itself upon which the plaintiff-respondent tried to build up her case. Moreover, it does not appear that the defendant-appellant raised this point before. In none of the court..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....eir case while the defendant examined 8 D.Ws. and having considered the evidence on record the learned SCC Judge by judgment and order dated 30-6-87 returned the plaint for filing in the proper Court holding inter alia that he defendant did not attorn the plaintiffs as his landlords, that there was ......claim title for himself rather he sets up a case that Binodi Lal never executed any deed of exchange in favour of the plaintiffs. In the reported case their Lordships further held that in the face of overwhelming evidence that there was relationship of landlord and tenant between the plaintiffs and ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....dlord and tenant ceased with the acquisiÂtion of rent receiving interest under the Act. Thus with the severance of landlord and tenant relation, the decree-holder ceased to have his right to put the holding to sale under the Bengal Tenancy Act. But his right to proceed against the judgment-debtor r...... ex-rent receiver on the acquisition of the ex-rent receiving interest need not be set out in detail, excepting that when the rent suit was filed in 1960 the law as to right of ex-rent receiver to recover arrear rent is to be found in section 63C of the State AcquisiÂtion and Tenancy Act which, int..Category: Property Law | Date: | Hits: 60
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....ng the period of attachment the suit land was sold to Sonaullah by the registered sale deed on 27.5.68 and as such the sale was illegal and void. 5. The trial Court dismissed the suit without cost holding that the plaintiffs having purchased the suit land during the subsistence of the order of at......sif Tangail in Title Suit No. 37 of 1972. The facts necessary for the disposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appÂellants in the alternative for partition..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....ion of the Share Register of the appellant Company M/s. Anath Bandhu Guha and Sons Ltd. and for entering his name in the Register, claiming to be the adopted son of respondent No.2 Tarani Prashad Dey holding two shares, and a MemÂber Director of the Company, who made a gift of one share in his favo......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...Category: Company Law | Date: | Hits: 164
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....s also adduced documentary evidence to substantiate their respective cases. The trial Court hearing the parties and assessing the evidence on record allowed case by judgment and order dated 4-12-2004 holding that the first party on the date of drawing proceedings was in possession and that there was......fidavit along with papers annexed therewith. We have also perused the evidence from the lower Court records. 14. Principal objects of section 145 of the Code are (1) to prevent the breach of peace over land or water and (2) to restore the possession of the same to the party found to have been for..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....said cases for answering the following two questions which were stated by him to be questions of law: 1. "Whether on the facts and in the cirÂcumstances of the case the Tribunal is justiÂfied in holding that the assessee is entitled to a rebate on super tax the rate of 5% (in the first three ca......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are disÂmissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....r section 16(3) of the Act and whether the Special Tribunal constituted under the said Act had jurisdiction to take cognizance of the alleged offences and whether the Tribunal is the proper forum for holding the trial in respect of the said offences when the Act came into force on 9-2-1974 whereas t......s not givÂen a retrospective effect. It was, therefore, conÂtended that the Act having no retrospective effect, the appellants cannot be tried by the Special Tribunal constituted under the Act. Moreover, the Act provides capital punishment whereas the Penal Code provides transportaÂtion for life ..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
..... 6. The contesting parties examined several witnesses in order to prove their respective cases. The trial court, on consideration of evidence adduced by the parties, rejected the pre-emption case holding that the transfer was an exchange. Against that judgment of the trial court the pre-emptor p......- is to be depositÂed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..Category: Property Law | Date: | Hits: 93
.... legality of the termination from service is barred by law.
4. Mr. Mainul Hosein, learned Senior counsel appearing on behalf of the petitioners submits that the High Court Division erred in law in holding that the payment of 90 days' salary in cash prior to termination of the petitioner from serv...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368...
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....iew to increase the efficiency of all officers of the bank and this impugned policy is not contrary to any law at all. 7. The High Court Division, on hearing both the sides, made the rule absolute holding that the impugned circular No.10, so far it relates to its retrospective effect, has not bee......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another…………………..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....hstanding anything contained in any other law for the time being in force a raiyat shall not enter into any form of usufructuary mortgage other than a complete usufructuary mortgage in respect of his holding or of a portion or share thereof, and every such complete usufructuary mortgage shall be sub......w. He also submits that no attention on the variation of consideration in two deeds was drawn during cross examination of P.W.1 and therefore, there is no scope to raise this point after the trial is over. Moreover, the lower appellate Court was not correct in disbelieving the deed of reconveyance o..Category: Property Law | Date: | Hits: 87
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