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Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......statement in a document by the executant thereof does not saddle him with the liability of committing forgery or that of making of a false document……….(15) Cases Referred to- Shamsul Huda Khan vs Aminul Islam Chowdhury. 3 DLR 201: Ali Akbar vs State, 10 DLR....... The appellants and another as against the judgment and order of the appellate Court moved the High Court Division in revisional jurisdiction but without any success. 4. The leave was granted to consider the submission of the learned Counsel of the appellants to the effect "tha..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......3 DLR 512; Aftabur Rahman alias Zangi vs. State 45 DLR 593. Lawyers Involved: M Enayetur Rahim with Md. Jahangir Alam, Advocates—For the Condemned Prisoner. Syed Abu Kowsar Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General, Monowara Khatun, Assistant Attorney-Ge...... 1983 BLD 325 = 36 DLR 185 it has been observed by the Division Bench that prolonged police custody immediately preceding the making of confession is sufficient if not otherwise properly explained to grant it as involuntary and that there was no explanation from the prosecution side why the accused ..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......articipating in the tender…..(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This cou...... Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while....... 7, Annexure-F of the writ petition, and the subsequent approval to transfer the said licence to the ETV Ltd, Annexure-H of the writ petition, should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 5. Writ petit..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ion or quote gross misstatement and made in manner which is designed to lower respect of the judiciary and destroy public confidence in it, it cannot be ignored. Action for contempt of Court which is discretionary is not frequently or lightly taken. At the same time court will not abstain from using......tige and image of the judiciary and that of the Supreme Court must be kept, maintained and protected by avoiding any comments demeaning it or lowering it in the estimation of the public at large. The power, prestige and image of this Court should remain above all controversy. It is contended that th...... Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......re, would be subject to Article 39(2) of the Constitution, in relation to contempt of court, defamation or incitement to an offence, etc. Article 7 read with the Universal Declaration of Human Rights grants to everyone liberty and right to freedom of opinion and expression to which Bangladesh is a s..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......neous Appeal No. 49 of 1986 affirming the order dated 18-1-1996 passed by the learned Rent Controller, Sadar, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case No.245 of 1983......he Court below committed no error in law in his decision. 9. The question which needs consideration is whether the learned Subordinate Judge has committed any error of law in his decision in not granting the relief to the petitioner sought for in his application before the learned Controller. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
..... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......stion of abandonment of the case building when a suit challenging the abandoned character of the property is pending in a competent civil Court. Lawyers Involved: A J Mohammad Ali, Additional Attorney‑General, instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not r....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ...... The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limitation against the party af......ated 15‑ 1‑1995. 14. Being aggrieved the defendant‑ appellants sought leave to appeal before this Division in Civil Petition for Leave to Appeal Nos. 318 of 1995 and 341 of 1995. Leave was granted to consider the following: "The learned Single Judge of the High Court Division err..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ...... With the repeal of Ordinance no 1 of 1969 on 23-03-1974 no vested property case can be started thereafter on the basis of the law already dead………………(14) Case Referred to- Laxmi Kanta Roy vs Upazila Nirbahi Officer and another, 46 DLR 136. ......rder dated 3rd March, 1997 passed by the High Court Division in Civil Revision No. 323 of 1994). Judgment Syed JR Mudassir Husain J.- This appeal has arisen out of leave granting order dated 7th June, 1998 passed in Civil Petition for Leave to Appeal No. 1200 of 1997 ag..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......DLR (AD) 1. 20. On the other hand, Mr. Abdur Razzaq has argued that in this particular case the petitioners have come to this Court to bring to the notice of this Court the mala fide exercise of power by some high Government officials and to seek intervention of this Court by way of judicial re......ip;……………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and......r. AS Mahmud respondent No. 7 (Annexure-"F") and the subsequent approval to transfer the licence to the ETV Ltd (Annexure-"H") should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 2. In this Writ p..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......;…………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- Golam ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... arriving at the concurrent findings of fact by the first two courts the learned Single Judge travelled beyond his jurisdiction in interfering with the decision of the courts below in exercise of his power under section 115 of the Code of Civil Procedure. He further submitted that the plaintiffs hav......he finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. ...... Judgment Mainur Reza Chowdhury J.- This appeal has arisen out of leave granted by this Division in Civil Petition for Leave to Appeal No. 353 of 1995 against judgment pass..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......y Nos. 1-5 was not in accordance with law but I find that there are sufficient substance in the said application to treat the said application as one under Order XXII rule 10 CPC. The Court has ample power to treat an application filed under Order I rule 10 CPC as an application under Order XXII rul......5 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff ......evision No. 5515 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
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. ...... Additional Attorney‑General that the guideline principles having been laid down in sub‑rule‑(1) and (2) of Rule 3 published in the Notification dated 1‑7‑88 by the Board in exercise of its power conferred by the Excise and Salt Act, High Court Division erred in law in finding that there w......oviding levy and assessment of duty on the basis of filling valves in respect of production of aerated water of all sorts as per the guideline provided in the impugned SRO the same cannot be declared to be without lawful authority…................................(35) Cases Referred to- Z......tion Nos. 1092, 115 and 456 of 1989 at the instance of the respondents herein making the Rules absolute declaring the impugned notification to have been issued without any lawful authority. Leave was granted by this Court to consider the submission made by the learned Additional Attorney‑General t..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
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. ...... body of Asaruddin. The injury was ante-mortem and homicidal in nature. 23. In cross-examination he stated that the nature of the injury indicated that the victim was likely to lose his speaking power on receiving it. He found the margin of the wound clear cut. He further stated that margin of ................ Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour ......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. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....espect of rest 0.42 acre thereby forfeiting Taka 1,32,000 which includes certain unapportioned amount from out of their share. The jurisdiction for a decree of the specific performance of contract is discretionary and the Court is not bound to grant such relief merely because the plaintiff has prove......urt presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes it clear that there is power of "review" both in cases where judgment has been delivered but not signed and cases......ed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to the parties to cause any alteration, addition and modification in the judgment……&h......Taka 1,32,000 which includes certain unapportioned amount from out of their share. The jurisdiction for a decree of the specific performance of contract is discretionary and the Court is not bound to grant such relief merely because the plaintiff has proved the agreement. In view of the forfeiture c..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
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: ...... 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 The Power of the High Court Division envisaged in section 439 of the Co...... The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara,......ry Requiring 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 ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
.... November 19, 2001. The Code of Civil Procedure, 1908 (V of 1908), Or XVII rule 1 Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a m......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......sp; Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made out…&he......ely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties asks for if or agree to it. No adjournment should be granted unless sufficient cause for the same is made out……………&he..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. ......ndhra Pradesh High Court in the case of B Sheshaiah Vs. Veerabhadrayya, AIR 1972 Andhra Pradesh 134. The ratio decidendi of the cases is that on general principles and in the exercise of its inherent power, an executing Court can entertain and give effect to a claim to set-off even in cases which do......……….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 Calcutta 409......receiver for handing over of necessary papers of the truck and the receiver also prayed for time. The executing Court stayed further proceedings of the executing case on wrong view that this Division granted stay in Civil Revision No. 82 of 1985 against order dated 12-1-85, in fact, operation of the..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
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. ...... 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. ......tion. The trial court, it appears, exceeded its jurisdiction in deciding the title of the respective parties. …………………………….(6) Lawyers Involved: Mahbubey Alam, Additional Attorney-General, instructed by SB Barua, Advocate-on-Record—For the Petitioners. Ataul Huq, Advo......hat this petition for leave to appeal may be allowed but in view of the fact that the L Court decided the factum of possession in favour the plaintiff which is an admitted fact we are not inclined to grant leave to appeal. But the trial court it appears exceeded its jurisdiction in deciding the titl..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. ......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. ......n respect of the land described in Schedules 1(a) and 2(a). 2. Plaintiff-respondent instituted the suit stating, inter alia, that land described in Schedule 1 belongs to him and to his two other brothers and that upon amicable settlement with the brothers, (defendant...... as regard the land of schedule 1(a)). “It has been stated that defendant No 1 took the signature of the plaintiff in two blank sheets of paper, on the allegation that they would be required to grant receipt to the Eksona tenants of the plaintiff and the defendant used those papers in the said..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
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