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Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....ent. Hence is this appeal. 5. In support of the appeal Mr. AJ Mohammad Ali, learned Attorney‑General, submits, inter alia, that the learned Judges of the High Court Division had no power to re‑assess the evidence. But the High Court Division reassessed the evidence and based...... CJ MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ......the Court of Settlement did not consider at all any documents including the said letter of acknowledgement of payment of lease money. 8. We have considered the submissions made at the Bar. We called for the original records of the Court of Settlement for our perusal. It appears that except m......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ion for "কারণ উল্লেখ পূবক" (assigning reasons) in sub-section (I Ga) of section 27 of the Ain in taking cognizance of any offence is to enable the Tribunal to exercise its power judiciously, that is to say, not arbitrarily or capriciously. In view of the above findings an......…………………..Respondent. Judgment May 3, 2005. Lawyers Involved: Md. Showkat Ali Khan with Rehan Husain, Advocates—For the Appellant. Md. Humayun Kabir Bulbul, Assistant Attorney- General with Md. lqbal Kabir, Assistant Attorney- General—For the State. Criminal Appea......College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 lac as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was compelled to p......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....luded between the first and last of such dates shall not exceed one year. It has been held by the privy council in the decision reported in AIR 1936 (Pc) 53, the rule which applied is that where a power is given to do a certain thing in a certain way the thing must be done in that way or not al......t-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: The appeal is dismissed. Cases Referred to- 13 MLR (HCD) (2008) 161; AIR 1936 (Pc) 53; Abul Kalam Azad Vs. The State, 48 DLR 294; Nag...... higher authority of the bank. 14. P.W.2 Md. Anisur Rahman and P.W.3 Abdul Mannan were posted as second officer and Senior Officer respectively with the bank after the occurrence. They categorically stated that during tenure of their service they found some irregularities of delivery of goo...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....eeding during discussion in the parliament, which is not the position in the case of the law in the proviso in section 17 (1) of the Act, be harsh to a particular class of litigant the Court is not empowered to construe the law or interpret the law in the manner as argued by the learned Counsel for ....... Shamsul Hoque and another……………………………..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tena......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ncurrent findings of fact save in exceptional circumstances as when a question of law of general public importance arises or a decision shocks the conscience of the court. This court has the enormous power to interfere even with findings of facts making no distinction between judgment of acquittal a............Petitioners Vs. State...................................................Opposite Party Judgment April 20, 2005. Result: The Rule is discharged. Cases Referred to- Mohammad Ali and others Vs. State, 37 DLR 261;Nilkanta Ghose Vs. Afiruddin, 9 DLR 586; Bima......rieved by the judgment and order dated 3‑8‑2004 passed by the learned Sessions Judge, the petitioners preferred this Criminal Revision before this court and obtained the Rule. 10. Now we are called upon to consider whether the learned Sessions Judge, Tangail is justified in passing the impu......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......shu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezow......aying any heed to her he began to defer the matter. Finding no other alternative she brought the matter to the knowledge of her mother who without delay apprised her father of the matter. Her parents called the jail appellant to their house and asked him to marry her but he refused whereupon a Salis......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ...........Petitioners Vs. Government of Bangladesh and others.......................Respondents Judgment April 12, 2005. Result: The Rules are disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition ...... telephone remained within maximum range of Taka 33,534.46 as evident from the bill for June, 1998. The petitioner regularly paid the bills for 107 months. The petitioner suspended local, NWD and ISD calls and as a result, in the subsequent 16 months, the petitioner only paid the line-rent as he rec......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......gment and order dated June 23, 1999 of the 3rd Court of Additional District Judge, Bogra in Miscellaneous Appeal No. 74 of 1998 allowing the same in part upon reversing the judgment and order dated October 25, 1998 of the 1st Court of Subordinate Judge (Joint District Judge), Bogra in Arbitration Ca......idence that value of per decimal of land is Tk. 40, or that the value of the awarded land is Tk. 1,58,00,000/-, that the award at Tk. 6,04,000/- has been made correctly and the award so made does not call for correction. 7. As against the judgment and order of the Arbitrator the appellants w......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... contract and the sale will be completed on repayment of the loan to the corporation. On 17-7-1969 the seller delivered possession to the plaintiff and on 19-7-1969 the seller executed and registered power of attorney in favour of the plaintiff and since then the plaintiff has been in possession, th......27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…&he......nbsp; MA Aziz J.- This appeal by leave by defendant Bangladesh represented by the Secretary, Ministry of Works and others calls in question the judgment and decree dated 22-2-1994 passed in FA No. 107 of 1989 by a Division...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....e contempt law and submitted that in the remote past it was considered as a part of law of sedition and when the Supreme Court was established in Calcutta in 1774 it was made a Court of record having power to punish its contempt. Subsequently, all the High Courts were given the same power and our Co......
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs. Brahma Prakas......e Contemner‑Respondent No.7.
Abdur Razzak Additional Attorney-General‑ For the Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the repo......ers are not usually such a class of lawyers as is competent to do anything so important as the making of a judge—young, ambitious men, more familiar with the management of ward caucuses or town meetings than with the conduct of a cause in Court.” (History of American Law by Lawrence M Fr..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....d conviction and sentence given is without jurisdiction. He has argued that since the trial of the petitioners under section 19A by the Tribunal was without jurisdiction this Court in exercise of its power under Article 102 of the Constitution can quash or set aside the impugned judgment. Section 19......er……………………Petitioner Vs. Bangladesh and others………………………….Respondent Judgment March 20, 2005. Result: The Rule is made absolute. Cases Referred to- Mozammel Hossain Vs. The State, 17 BLD 635; Sahjahan Mallik and others Vs. The State, 3 BLC ......y extend this section no person shall have in his possession any arms of any description, except under a license and in the manner and to the extent permitted thereby." Section 15 does not specifically say about fire-arms. But where it says that possession of any arms of any description then fir......risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....idering the legal aspect of the case. (d) Whether the National Board of Revenue is authorized to direct its subordinate officers to re‑open any assessment in violation of the statute where the power has been limited to control the internal administration under the Income Tax Ordinance. (...... With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......Tribunal. "(a) Whether in the facts and on the circumstances of the case the learned (Sic) Deputy Commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 is legally justified to call for the TIN (Tax Index (Sic) Number) from the customers who carries their business at Chapai Na......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ...........Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Result: The Rule is made absolute. Cases Referred to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others,......ed by the appellate Court below and the trial Court suffer from no infirmity on the ground of non-consideration and mis-appreciation of the material evidence on record and there is no reason that may call for interference with the impugned judgment and decrees. 8. Heard the learned Advocates of......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... To find out whether in participating election a fraud has been practiced on the statute. Election Tribunal is not the proper forum as this court, under its constitutional obligations, has power to interpret law to find out whether fraud has been practiced on statute. From the discussio...... Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a writ petition to se......cess started in the instant case and the election itself took place and result of the election also being published the interference by the High Court Division in its writ jurisdiction was uncalled for and hence the impugned judgment is liable to be set aside. 10. Mr.T.H. Khan......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. .............Petitioners Vs. State...................................................Respondent Judgment March 14, 2005. Result: The Rule is made absolute. Cases Referred to- State Vs. Monu Miah and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998...... under different sections stated hereinbefore are quite justified and the learned Sessions Judge, considering the facts and circumstances of the case, passed the impugned judgment which does not call for any interference. 14. The allegation against the accused‑ petitioners to the effect ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....nd re‑examine any such person if his evidence appears to it essential to the just decision of the case." 6. From a plain reading of the section, we are of the opinion that in view of wide power given to the Court by the expression, to summon any person as a witness or examine any person ..................Petitioner Vs. State..............................................Opposite Party Judgment March 12, 2005. Result: The Rule is discharged. Cases Referred to- Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awron......rney-General- For the Opposite Party-State. Criminal Revision No.93 of 2005 Judgment Khademul Islam Chowdhury J.-This Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed......The prosecution case, in brief, is that, one Md. Motiur Rahman as informant lodged a First Information Report, briefly, FIR, with Tongi Police Station on 8‑5‑2004 alleging that 3rd annual general meeting of Tongi Thana Awami Shecha Shebok League, Ward No.10 was held on 7‑5‑2004 in the school..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......t find any fault with the labourer petitioners on inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-3-2000 was obviously due to the outcome of the occurrence dated 15-3-2000’…………………... (9) Judgement of......ence dated 15-3-2000’…………………... (9) Judgement of the High Court Division declaring that the order of termination of respondent is aimed at causing harm to their career, do not call for interference. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Mvi. Md......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......ent February 23, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubey Alam with Zahirul Alam Babor, Advocates-For the Petitioner. A.H.M. Mushfiqur Rahman, Assistant Attorney-General-For the Respondents. Writ Petition No.1633 of 2003. Judgment ABM Khairul Haq...... Mushfiqur Rahman, Assistant Attorney-General-For the Respondents. Writ Petition No.1633 of 2003. Judgment ABM Khairul Haque J.-This Rule Nisi was issued at the instance of Sankar Kumar Das, calling upon the respondents to show cause as to why the impugned Resolution No.2.4.9 adopted in Ann......o allot those money in the sub-project Nos.1 to 8. 14. It appears from the Memo dated 6.11.2002 issued from the Ministry of Communication enclosing the resolution No.2. 4. 9 dated 30.9.2002 of the meeting under the chairmanship of the Hon'ble Minister that the works of the projects of 36 feeder r..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....
Mr. Rokanuddin Mahmud, the learned Counsel appearing for the petitioners, submits that there being no prayer to buy out of the minority shares by the majority shareholders and there being no such power vested in the High Court Division either in section 233 of the said Act or any other section o......Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 36; Scottish Co......nts the Assistant Registrar, Joint Stock Companies, Chittagong sought explanation from the appellant No.2 but the appellant No.2 failed to give any satisfactory explanation; the resolutions of the so-called extraordinary general meeting of the company held on 18-1-96 was filed as late as on 9-9-99 a......the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one must be the Chairman and Managing Director of the company..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....e Constitution of the People's Republic of Bangladesh which runs as follows :- "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial......e 116 Consultation with the Supreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultation wit...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
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