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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. ......Involved: AJ Mohammad Ali, Additional Attorney‑General, (Md. Feroz Shah, Assistant Attorney‑General with him) instructed by B Hossain, Advocate‑on‑Record‑For the Appellants (In all the cases). Syed Ishtiaq Ahmed, Senior Advocate and Rafique­ul‑Huq, Senior Advocate instructed b...... 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. ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... 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. ......mutate the name of petitioner No. 2 Mrs. Nurjahan Begum as owner of a portion of plot No. 5/11, Block-A, Lalmatia, 5. Mohammadpur, Dhaka along with two-storied building, standing thereon. 2. The case of the petitioners, in short, is that a plot of land being Plot No. 5/11, Block-A, Lalmatia, Dh......um as owner of a portion of plot No. 5/11, Block-A, Lalmatia, 5. Mohammadpur, Dhaka along with two-storied building, standing thereon. 2. The case of the petitioners, in short, is that a plot of land being Plot No. 5/11, Block-A, Lalmatia, Dhaka was originally allotted to one Syed Abi Md. Azfar..

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.......assed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dhaka, in Nari‑o‑Shishu Mamla No. 154 of 2000 rejecting the prayer 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 solemnis...... 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. ......n 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life and acquitting the 3 other accused persons of the charges levelled against them. 2. The prosecution case, in short, is that accused Maruf Khan was a mortgagee under Moklesur Rahman in respect of plot ......Moklesur Rahman in respect of plot No. 10 under khatian No. 555 of mouza Durgapur under Kendua Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to..

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.  ......istered as IRO Case No. 13 of 1996 under section 34 of the Industrial Relations Ordinance. Since he was not absorbed and his service was not regularised even after 10 years continuous service the IRO case was rejected on the ground of maintainability. The court held that the Administrative Tribunal ......Division.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 91.  ..

Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ...... and having found him guilty under sections 302 and 324 of the Penal Code sentenced him to death without awarding any separate punishment under sections 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 vi......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......eb and Paddyut Chandra Deb sons of Sree Sukendra Bikash Deb, and out of 1.44 decimals of land the executors of agreement kept 0.42 acres in jimma and received Taka 50,000 as earnest money and that in case they failed to get those 0.42 acres of land registered through their cousins, the amount of Tak......ng the suit for specific performance of contract.   2. Facts relevant for disposal of this Rule are that the respondents being the owners and possessors of the schedule land comprising of 1.02 acres proposed to sell the same along with 0.42 acres of land belonging to t..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

....ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......and that section 21 (1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourashava concerned. ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ......nd that section 21(1) of the Ordinance is not mandatory but directory and that the variation of 10% of population are to be taken into consideration as far as practicable depending on facts of each case and that there was no violation of the said provision in respect of the Pourashava concerned.......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)

....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 131.  ..

Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ory power of the High Court The Power of the High Court Division envisaged in section 439 of the Code of Criminal Procedure is a Kind of paternal or supervisory power which is to be exercised in cases where there is a glaring defect in the procedure or is a manifest error on point of law and co...... the Police are agent of law and they are answerable in law for their actions. Police are accountable for their performance to the People and as such have a proximate accountability to the law of the land which in essence is the expression of its will. Police being visible symbol of the authority of..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......Division. Leave was granted by this Division to consider the following:  "Mr. Khandker Mahbubuddin Ahmed, learned Counsel appearing on behalf of the petitioner, submits that the case is pending before the learned Metropolitan Sessions Judge for about 930 days from the date of r......ome of whom were even Ministers in the last Cabinet. From the conduct of prosecution and the way the trial Court proceeding with the trial led us to hold that the case has been dumped in the no man's land and the case is being proceeded with it can very well be presumed that the trial will continue ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).

....ity in the impugned order.   The petition is accordingly dismissed.   Ed. Same Case Cited in:  55 DLR (AD) (2003) 61.  ......put to auction for failure to repay the loan. The petitioner thereupon filed Miscellaneous Case No. 2 of 1999 under Order XXI rule 58(2) read with section 151 of the Code of Civil Procedure, when the case was taken up for hearing the petitioners sought adjournment but the prayer was rejected. Ultima......of 1996 for declaration that the heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and thus respondent No. 2 had no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer ..

Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......edure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be......ave earned about Taka 40,46,000 during the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, the Bank was trying to sell the trucks and the landed properties mortgaged. At the time, the price of Truck—Mymensingh Na-239 of British Bedf..

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)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ...... against petitioner No. 2 Alamgir Hossain under sections 5(kha) and 5(gha) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. Nari-O-Shishu Nirjatan Daman Bishesh Adalat took cognizance of the case and framed charges against Alamgir Hossain under sections 5(kha) and 5(gha) of the Nari-O-Shish......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......ember of Parliament in the general election held on 12-6-1996 from 21 Rangpur 3 Constituency. After he vacated the office of the President of the country the Bureau of Anti Corruption started several cases against him involving corruption under sections 5(1) and (2) of the Prevention of Corruption A......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......         Md. Gholam Rabbani J.- Respondent No. 1 Muhammad Habib and his son respondent No. 2 Ahmed Abdullah Lokman and two others are the accused in a criminal case bearing GR No. 929 of 1998 of the court of Metropolitan Magistrate, initiated upon the FIR lodg......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......to this petition is that, respondent No.1 as plaintiff instituted the aforesaid suit for permanent injunction against the defendants alleging possession in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property ......n possession of the suit property and the defendants have no title, right, interest and possession in the same. 3. The suit was contested by the present petitioners and their case is that the suit land was acquired by the Government in the year 1907 and CS and SA Khatians were prepared in the nam..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)

....r Class Suit No. 1969 are restored. There is no order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 7.  ......ctness of the claim of the defendant No. 1 and got the trace of a fraudulent Rent Suit No. 732 of 1954, said to have been filed by the plaintiff and a compromise decree was passed therein. It was the case of the plaintiff that the decree that was obtained in Rent Suit No. 732 of 1954 was fraudulent ......et aside the judgment and decree of August 28, 1970 of the Court of Subordinate Judge, Chittagong in Other Suit No. 35 of 1969 dismissing the same which was for declaration of title in respect of the land described in Schedules 1(a) and 2(a).   2. Plaintiff-respondent ..

Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ...... In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost conside......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95