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Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......iew that there is no scope for embarking upon the investigation. The learned Counsel further submitted that a Court or Tribunal has always jurisdiction to set aside its order when it is obtained by a party by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrar..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....e allowed to deal with the problem created by granting licence to ETV or the appropriate authority, the Ministry of Information and Broadcasting, should look into it, to find out whether there is any defect in the licence. 17. Lastly, ETV has become an institution of such values that it...... interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party interest the rule of law, will, of course, prevail. In the impugned judgement there is no err..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ...... proceedings of the suit under the provisions of section 10 of the Arbitration Act, 2001. Section 10 of the Arbitration Act reads as under: "10. Arbitrability of the dispute.— (1) Where any party to an arbitration agreement or any person claiming under him commences legal proceedings again..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......g and the petitioner could avail the provision of Order XXI rule 90 of the Code of Civil Procedure in setting aside the auction sale on ground of material irregularity and fraud alleged by any of the party to the execution proceeding out of judgment and decree passed under the Ain as the same could ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......d by the two learned Judges as indicated herein above, and in view of the decisions passed in the said Criminal Miscellaneous Case No. 521 of 2002. 6. The Rule has been contested by the opposite party, namely, the State, by filing counter-affidavit making various statements but the relevant sta..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......elief Act and their suit is maintainable." The learned Judge on examining the Exhibit 1, irrevocable power of attorney placed before the Court by the learned Advocate for the plaintiffs opposite‑party, has observed," from a mere look with a bare eye it appears that the same was registered in t..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....ctly described in the charge framed against the accused appellant and the necessary ingredients of the alleged offence under section 10(2) were not described in the charge and, as such, the charge is defective and thereby the accused appellant has been prejudiced. He also submits that the prosecutio......ormant's father. The accused persons including the accused appellant came to the house of the informant’s father on the said date at 4‑30 PM. The salish was started at 5‑00 PM and the informant party demanded that the accused appellant should take the informant as his wife with full honour and..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......nded merely on equity or a contract. So long as the agreement remains in force and the possession is agreeable to perform his part of the contract, his possession cannot be interfered with by a party to the said contract or any person claiming under the said party." 7. In..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
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. ......ot guilty of making a false document' within the meaning of section 464, Penal Code. The assertion of a false claim in a document will not constitute the document false, when it is executed by the party who purports to execute it and there is no intention of causing a belief that it was executed..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ...... July 3, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring about a change in the existing state of things..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
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. ......ke a concluded contract void under the Contract Act. 30. He has further argued that the High Court Division should not have taken on its shoulder the burden to find malafide. It lies on the party who alleges it. 31. The High Court Division committed a serious error of law in adjud..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......Criminal Procedure. In arriving at this decision the High Court Division relied on a decision given in Criminal Miscellaneous Case Nos. 620 of 2000 and 6858 of 2000 wherein one of the Judges was a party. But this Division in the case of Arun Karmakar vs. State reported in 7 MLR (AD) 82 = 7 BLC (..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....d to respectful scrutiny. Any citizen is entitled to express his honest opinion about the correctness of the judgment, order or sentence with dignified and moderate language pointing out the error or defect or illegality in the judgment, order or sentence. That is, after the event as a postmortem. ......Sangbad, the contemner-opposite parties. Mainul Hosein with Md. Azizul Haque, Md Mozzammel Haque, Iqbal Malik, Manzur Kadir and Shamim-ul Alam, Advocates-For Daily Ittefaq, the contemne-opposite party Khandoker Mahbub Hossain with Miftahuddin Ahmed, Khandker Bashir Ahmed and Afzal Hossain,..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....compelled her to marry the accused Md. Alam against her will, and, as such, the learned trial Court convicted the appellant accused persons in proper appreciation of law and facts. So far the alleged defective charges are concerned, it is submitted that since trial Court found proof of committing of......recorded under section 164 of the Code of Criminal Procedure can only be used for the purpose of contradicting the legal evidence given in the court by drawing attention of the witness by the adverse party under section 145 of the Evidence Act. But nothing is done in that direction. Statement under ..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......ned Counsel appearing on behalf of the petitioners, led us through the judgment of the High Court Division and submits that in the earlier suit present petitioner No. 3 Mosammat Jobeda Bibi was not a party and her right in the suit land has been affected by the earlier decree and challenging that de..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
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. ......aneous 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 before the Controller against the opposite party with the prayer to make necessary repairing works and construction of room No.9 and also for t..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ......the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule. 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a petition of complaint in the Court of the Chief Metropolitan Magi..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
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. ......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 affected can be found. Since there is no evidence when the possession started and became adver..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
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. ......th of them gave emphasis on the following observations of the Appellate Division in the above case: “The Court in considering the question of standing in a particular case, if the affected party is not before it and if it finds no reason for nonappearance of the affected party it may refu..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. ......udge, Court No. 2 at Barisal in Title Appeal No. 148 of 1996 affirming those dated 8-7-96 passed by Subordinate Judge, Court No. 1 in Title Suit No. 33 of 1995 in decreeing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plai..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4