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Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....rawn and an application under section 151 of the Code of Civil Procedure was filed on behalf of the respondents. 4. BSRS contested the application filing written objection denying material statements of the application contending, inter alia, that the learned District Judge was perfectly......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....rved a demand of justice notice dated 26-7-2001 requesting them to withdraw the impugned notice but to no effect. 3. The respondent No.2 has filed an affidavit-in-opposition controverting the statements made in the writ petition and contended that the petitioner's father Shamsul Huda died on......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....gross contempt of Court and manifest adamant and defiant attitude of the appellant in order to lower down the image, authority, dignity and prestige of the Supreme Court making certain contemptuous statements which is not desired or expected of a chief executive of the police force. 15. ......hey neither give nor take offence because they deal with persons and situation impersonally, though with understanding. Judges more than others realise the foibles, the frustrations, the under currents and the tensions of litigants and litigation. But, as elsewhere, lines have to be drawn. T..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....cation for stay should be heard by the Full Court.” 8. In paragraph 1 of the affidavit in support of the above application it was stated as follows: "That the statements made in the application for hearing by a Full Court are true to my instruction derived ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
.... in favour of the plaintiff but he turned down the said request and because of that plaintiff has filed the suit in collusion with Abdul Hashim, Ayazullah, Sarafat Ali and others upon making untrue statements. 5. The trial Court on consideration of the materials on record held that the su......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ondent No. 3 viewed the same as a ground for rejecting the writ-petitioner's application. 3. The writ-respondent No.2 Secretary, Ministry of Information Affairs contested the Rule denying the statements made in the writ petition and contending, inter alia, that the letter dated 7-6-2003 havi......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......nowledge that for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishad is to help collection of Government dues, rents and taxes. Besides, members of the Union Parishad are directly involved in financial transac..Category: Election Law | Date: | Hits: 106
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....dence and has found insignificant immaterial and trivial omissions to be material discrepancies in their respective evidence. The eye- witnesses were disbelieved by comparing their testimony with the statements made in the first information report by PW 1 who was not an eye-witness himself. The reje......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....ds were brought for smuggling the customs authority imposed penalty and confiscated the goods and the vessel. 4. The writ-petitioner also filed an affidavit-in-reply mostly reiterating the statements made in the writ-petition stating that before the Special Tribunal, no evidence was prod...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....for dowry from PW 2 but PW 2 did not say that the victim was murdered for dowry, that PW 21 the Investigating Officer has stated that the PWs did not state to him at the time of recording of their statements under section 161 of the Code of Criminal Procedure that they heard either from the vict......m to bring money from the house of her father and also used to torture her for non compliance of the demand of dowry and the said fact was stated by the victim to the members of the family of her parents and from informant's side, keeping in view the happiness of the victim and to save her from ..Category: Criminal Law | Date: | Hits: 59
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ironment of the local people will be disturbed and peaceful atmosphere of public life will also be disturbed. Hence the suit. 3. The defendants contested the suit filing joint written statements contending, inter alia, that the suit is not maintainable in its present form and manner......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... defendants had illegally occupied the lands of the plaintiffs. After their death they were substituted by their heirs." The defendants entered appearance and filed written statements claiming, inter alia, that they are owners in rightful possession of the said lands, an......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....It is expressly understood and hereby mutually agreed and settled between the LESSOR and the LESSEE that the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allotment of the demi......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....i shalare maria falo. According to PW 9 jai Tara ka bachata ashba takai khun Kara haiba; According to PW 10 shalare paoa gase shes karo, and according to PW 11 Aei shalare shes karia da. From these statements the learned Judges held "while passing the alleged order, five eye‑witnesses ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....ed 16.11.87 (Annexure‑G), that he gave reply to each of the allegations, that he gave answers put to him by the Committee and that witnesses in fact were examined in his presence though their statements were not recorded. Mr. Khalilur Rahman has pointed out that the authorities after consi......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ...... to pay. When the purchaser or lessee is in possession of the subject-matter, and the Court finds that such possession is, wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case, the Court may, by..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....m the earliest time to mean every fact which is material to be proved to entitle the plaintiff to succeed‑every fact which the defendant would have a right to traverse." 20. These statements have been quoted with approval in a number of decisions to which we need not refer now. ......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....es of the High Court Division found that the identity of the actual assailants, that is, the persons, who bad assaulted, and caused the death of Giasuddin was not established in view of discrepant statements of the witnesses. They, therefore, set aside the conviction of the four petitioners unde...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....as an ante‑dated document created for the purpose of grabbing the said land. The lower appellate Court discussed the oral evidence afresh and found that in spite of some contradictions in the statements of PWs ‑the plaintiffs have been able to establish that the appellant was a tenant......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
.... of evidence, namely, (a) the direct evidence of PWs 4 and 5, (b) circumstantial evidence given by PW 1, 3, 6, 8 and 10, (c) the confessional statement of condemned prisoner Abul Khair and (d) the statements of co‑accused Mosharraf and Mainuddin admitting their presence at the place of occ......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
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