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Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
.....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........................Petitioner Vs. 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 w......monthly tenant in the suit premises under the defendant‑petitioner. The petitioner having refused the rent he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. Thereafter, he sent the rent by postal money order which..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... 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......; Ruhul Amin J KM Hasan J Monzur Alam (Md)................Petitioner Vs. State and another .............Respondent Judgment ......bsp; 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 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7753, ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
................................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...... ......afiqueul‑Huq, Senior Advocate instructed by Md. Wahidullah, Advocate‑on‑Record ‑ For the Respondents (In all the cases) Civil Appeal Nos.142‑148 of 2000. (From the judgment and order dated 22nd August 1994 passed by the High Court Division in Writ Petition Nos. 728, 802, 803 &..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... 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......s also Reported in: 54 DLR (HCD) (2002) 451.
......rs.
Nusrat Jahan, Assistant Attorney-General — For the Respondents.
Writ Petition No. 4101 of 1999.
Judgment
Md. Abdul Matin J.-The petitioner in this Rule has challenged an order being No. AP47/66/4392/Kashar dated 29-6-1998 passed by and under the signature of Assistant C..
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.......lant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,000 but the accused appellant to......stant Attorney-General-For the Respondent. Criminal Appeal No. 3917 of 2001. Judgment Muzammel Hossain J.- This appeal at the instance of appellant Md. Jaban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dha..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....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......Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 ......llant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 of 1..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......hul Amin J KM Hasan J Mozibul Huq ... …………Petitioner Vs. Chairman, 1st Labour Court and others...............Respondents Judgment February 6,......‑For the Petitioner. Not represented‑Respondents. Civil Petition for Leave to Appeal No. 708 of 1999. (From the judgment and order dated 7‑3‑1999 passed by the High Court Division in Writ Petition No. 738 of 1999)..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....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..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D......ns Judge hereupon allowed the prayer and directed the Medical Officer, Mymensingh Jail, to submit a report by 12-7-1993 regarding the mental condition of the condemned prisoner and a copy of the said order was also sent to the Medical Officer, Mymensingh Jail. Thereafter several dates were fixed but..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
....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......espondent Judgment January 29, 2002 The Contempt of Court Act, 1926 (XII of 1926), Section 2 The contempt petitioner expressed remorse before the Appellate Division and surrender to the mercy of the court and expressed unconditional apology and that has been accept......itioner exonerated. The petitioner was found guilty by the High Court Division and pronounced judgement of sentence against which appeal was preferred and the Honourable Appellate Division passed the order of exoneration. Lawyer Involved: Ozair Farooq, Senior Advocate (MI Farooqui, Advocat..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).
....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...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ...... Not represented‑Respondent Nos. 2‑5. Civil Petition for Leave to Appeal No. 1722 of 2001. (From the judgment add order dated 31 at May 2001 passed by the High Court Division In Civil Revision No. 4415 of 1997). ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....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......hury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22, 2002. ......ition No. 28 of 2000). Respondents‑Not represented (In Criminal Review Petition No. 27 of 2000). Civil Review Petition Nos. 27 and 28 of 2000. (From judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 19..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (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......Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Banglades......in, Advocate‑on‑Record‑For the Respondents. Not Represented‑The Respondents. Civil Review Petition Nos. 27 and 28 of 2000. (From the judgment and order dated 5th March 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal ..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....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......is Case is also Reported in: 55 DLR (AD) (2003) 131. ......t 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 the judgment and order of a Court convicting him to imprisonment…………………...(5) Lawyers Involved: M..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....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 ......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad......f Human Right (BSEHR). The Metropolitan Magistrate, Dhaka to ascertain the foundation of the allegations made in the petitions of complaints against some Police persons charged for indictable offence ordered for Judicial Inquiry in the presence of High Police Officer and Police representative and th..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
.... 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...... parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossa...... Senior Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates- Special appointment by the Government. Criminal Appeal No. 39 of 2001. (From judgment and order dated 22nd day of August, 2001 passed by the High Court Division in Criminal Miscellaneous Cas..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....dismissed summarily by the impugned order. 3. Mr. Shaheed Alam, learned Advocate appearing for the petitioners submits that the High Court Division did not appreciate that filing lawyer of the petitioner became a penal lawyer of respondent No. 1 and was not in a position to cond...... Present: Mahmudul Amin Choudhury CJ Md. Gholam Rabbani J Md. Fazlul Karim J Mahbubur Rahman and others……..Petitioners Vs. Agrani......titioners. Not represented‑ The Respondents. Civil Petition for Leave to Appeal No. 1532 of 2001. (From the judgment and order dated 2‑7‑2001 passed by the High Court Division in FMA No. 549 of 2001). &..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....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......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is...... ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Cal..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)
....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......02, 206; 7 BLC (2002) HCD, 85. ......olative of the consistent/repeated directions of the High Court Division, should not be declared unconstitutional, illegal and without jurisdiction and is of no legal effect, and why the judgment and order of conviction and sentence dated 1-12-1998 passed by Mr. Ikteder Ahmed, Bicharak (District and..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....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...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001. Result: The appea......klader Advocate-on-Record — For the Respondent No. 2. Not represented — Respondent Nos. 1, 3 & 4. Civil Petition for Leave to Appeal No. 483 of 2001. (From judgment and order dated 6-2-2001 passed by the High Court Division in Writ Petition No. 2722 of 2000). Judg..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....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......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents Judgement August 22, 2001. ......ction 561A of the Code of Criminal Procedure in Criminal Miscellaneous Case No. 1156 of 1999. A Division Bench made the Rule absolute and quashed the said proceedings against them by the judgment and order dated 17-8-99 which is impugned in the instant appeal. 5. The High Court Division..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
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