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Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... to attain substantial degree of social, economic and political equality which is the legitimate expectation of every section of the society. In a developing society like ours which is full of unbridgeable and ever widening gaps of inequality in status and of opportunity law is cataly......b-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before this Court on January ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......r on the question of conversion of the conviction of any accused. Since the state has taken no exception against the conversion of the conviction, Appellate Division feel it not proper at this stage to interfere with his conviction. Appellate Division find no ground to commute the sentence..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......on of law. Prima facie case against the accused persons is there on records. It is, therefore, not the stage to interfere with the proceedings pending before the subordinate court. 18. We are in full agreement with the submissions as made by the learned Deputy Attorney General who has rightly p...... Criminal procedure is at all maintainable...............................(17) Cases Referred to- Abdul Quadir Vs. State, 28 DLR (AD) 38; Faruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) page 18; Salma Khatun Vs. The State, 38 DLR page 348; Habibur Rahman Mollah Vs. The State, 62 DLR (AD..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......rovisions of section 33 of the Arbitration Act, 1940. Being aggrieved by the aforesaid order dated 7-5-2000 passed by the learned Joint District Judge, the present respondent RAJUK unsuccessfully preferred revisional application being Civil Revision No.1778 of 2000 before a Division Bench ......cres and the rate of fees at Taka 690 per acre and decided to sign the agreement though the respondent had already committed to pay a specified rate of fees for the work and accepted the area of coverage under the work of 8555 acres and approved the draft agreement on the basis of which final copy o..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......) which was ultimately rejected after hearing by the judgment and order dated 24-11-2002. After rejection of that review case the Deputy Commissioner, Chapai Nawabgonj filed an application before the full board of Bhumi Appeal Board on 5-5-2005 and the learned Chairman, Bhumi Appeal Board by order d......sted property. That during pendency of that title suit, Jitendra Nath Saha, by a registered power of attorney dated 27-2-1981, appointed one Bhadra Kumar Mondal as his attorney to look after, manage and to transfer his landed properties. The said attorney Bhadra Kumar Mondal sold 0.20 acre of l..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......and the suit flat was sold to one Nesarul Islam, son of late Shamsuddin Mollah on 12-9-2005. Possession of the suit flat was delivered to said Nesarul Islam and he has been in possession thereof peacefully with his family members. Flat Nos. S/A, 2/A, 4/A and 3/B are being possessed by Saiful Islam B......aka 16, 00,000 (sixteen lac). After the plaintiff had seen flat No.4/B, 'Primrose', she also found it not suitable for her. Then defendant No.2 again proposed to sell flat No.4-B of the project 'Heritage' at plot No.18, Road No.3, Banani, DOHS (hereinafter referred to as the suit land) at a consider..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......ction 19A and (f) of the Arms Act. 4. Thereafter the accused-petitioner moved an application before the learned Sessions Judge, Dhaka, to transfer the case to the Juvenile Court stating that the age of the accused-petitioner was below 16 years at the time of the alleged occurrence. The sai..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......ntions. 11. Heard the learned counsel for both sides at length and considered their submissions. We have gone through the petition, impugned order and the different Annexures to the petition carefully. At the very outset let us glean the relevant law on the issue. Section 3 (2) (iii) of the For......nse under section 3 of the Foreign Exchange Regulation Act, 1947 (in short Act, 1947) in the name of his proprietorship firm "Universal Money Changer" issued by the respondent No.3, Deputy General Managers, Foreign Exchange Policy Division, Bangladesh Bank dated 18.9.1997 to buy and sale foreign cur..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......s there but to make it complete, fruitful and effective and for the ends of justice since the provision of Civil Procedure Code has been excluded from arbitration proceeding Md. Monir Hossain being a full brother of Md. Anwar Hossain, the 1st Party, and one of the shareholders of the project and bui......nal did not form any opinion as to whether Mr. Md. Monir Hossain is a necessary party in the proceeding rather they opined that the application for addition of party as has been made at the belated stage after closing the evidence is not a proper and lawful order. 9. We have gone through the Me..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......9.07.2007, this Division, having heard both the leave petitions, granted leave to consider (i) whether the High Court Division acted illegally in not considering the fact that the petitioner had paid full consideration money for the disputed property before the contract was terminated on 29.07.1996 ......or-First Party and this agreement cannot be supplemented (sic) by the Vendor-First Party due to the Purchaser-Second Party’s default, the Purchaser-Second Party shall be liable to pay liquidated damages to the Vendor-First Party of a lump sum amount of Tk. 5,00,000.00 (Taka five lacs) only. 6..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ......he view that rationality would be compromised if one fails to come out of the cloud cuckoo land in this regard. We, for ourselves, being inclined to echo Lord Diplocks view, are swayed to lend our full weight to what the petitioner has put on the slade. The Rule is hence entitled to be steered t......Averments figured in the petition, are summarized below: 2. The petitioner is the president of an organization named “Human Rights And Peace For Bangladesh (HRPB), which organization is engaged in promoting and defending human rights, working to establish rule of law and supporting the v..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Mohammad Noor-E-Alam Jahangir Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....r relating to his alleged extra martial affairs with respondent opposite party No.5, Zeenat Sharmin Anny who is the wife of another person; the petitioner should not be allowed to embarrass a married woman, Zeenat Sharmin Anny (Respondent No.5) any more; while placing his case before the Court, the ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ......ich appears to us misconceived and the same does not deserve any consideration on merits. For the reasons stated hereinbefore both petitions are dismissed. This Case is also Reported in: ..Category: Civil Law, Contempt of Court Law | Date: 5 Jan, 2012 | Hits: 90
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....record." Security of Tk. 1,000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ......of 2003. The case of this petitioner was that she purchased the "B" schedule property from Hossain Ahmed Chowdhury the judgment debtor at a consideration of Tk.10,00,000/-. That she made payment of full consideration money to Hossain Ahmed Chowdhury and got possession of the "B" schedule property ......dgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In that execution case the mortgaged properties were put in auction as many as five times but could not be sold as none of the price..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Bangladesh Jute Mills Corporation Vs. Md. Mahbubur Rahman and another, 2011, 40 CLC (AD)
....e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ......e appeal. Accordingly, the appeal is allowed without any order as to cost. The impugned judgment and order is set-aside. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 6. ...... the Minister-in-charge of the Ministry of Jute on December 23, 1983 with the request to withdraw him from the disinvested Jute Mills and to place him in any other Jute Mills under the control and management of BJMC, but nothing was done. The petitioner came to know that many of the Officers trans..Category: Employment/Service Law | Date: 13 Dec, 2011 | Hits: 152
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......f money from the bank account does not arise. In fact, the donation to the orphanage fund came to the bank account by personal contact and as Prime Minister of the country, the accused-petitioner had full authority to sanction money for any Orphanage including Zia Orphanage Trust. After giving sanc&......ited in the said Bank account but it was not disbursed amongst the orphans till 5-9-93. No rule or policy was made for spending the money accumulated in the said account of Prime Minister's Orphanage fund. Zia Orphanage Trust was formed on 5-9-93 with her sons namely, Tarique Rahman, Arafat Rahm..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t Judgment December 7, 2011. Result: The appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting part...... (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage. She willingly surrendered herself to the carnal desire of the accuse......ction 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage. She willingly surrendered herself to the carnal desire of the accused. After living together as..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......ainable in law. Thus he prays for rejection of reference and to allow the appeals and to acquit the condemned-prisoners and the absconding convict. 11. Now let the evidence on record be carefully scrutinised and critically analysed for determination whether prosecution could prove beyond a......rled at trial, in short, is that in the night following 9-11-1998 at 11-00 PM the informant and P.W.1 Md. Harwnur Rashid along with AtiarRahman and Shahabuddin came into the house of Yunus Ali at village Sohgalpur under Police Station Gangnee of district Meherpur. They were chatting in the tin shed ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......erating private television channels in Bangladesh and telecasting/broadcasting of programmes; that the company having employed best professionals of the country to operate its activities successfully carried out its test transmission. The writ petitioner No.2 is the Managing Director of the ......efine it would defeat the very purpose of such power. The expression 'complete justice' contained in Article 104 of the Constitution of Bangladesh is of wide amplitude. Article 104 does not envisage any limitation regarding causes or the circumstances in which power is to be exercised. The exe..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......he prayer was allowed and on 26.05.1997 the process server of the Court delivered possession of the case land to him and on 24.07.1997 the pre-emption miscellaneous case was finally disposed of on full satisfaction. The pre-emptee-petitioners filed the application for setting aside the ex-parte ......petitioners had actual knowledge about the case and the notices were duly served upon the petitioners. Particularly, when there is no such evidence in the record that those persons were authorised agent of the petitioners." In coming to the said finding the learned Judge considered the provision..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......nd to reject the testimony of a witness, if the testimony is free from doubt. ............. ......(30) The conviction may be given relying on the evidence of a single witness if such evidence is full, complete, self contained and trustworthy. ............ .....(32) Cases Referred to- ......g with cash Taka to purchase some foreign articles accordingly on 1-8-1993 at 5-30 AM deceased Tarun Kumar Saha had gone in the house of Matiur Rahman @ Mati with cash Taka one lac at his Ekrashi village. In the morning at 7-45 AM of the same day, the informant came to know that Matiur Rahman @ Mati..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
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