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Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....is only an agreement for sale and not an oral sale of the property. If that be so the possession of Varada Reddi in pursuance of such an agreement of sale and in the expectation that there would be a complete divestiture of all the rights of the owner in his favour on execution of a regular sale dee......LR (HCD) (2002) 523. ......ns relied upon by the learned Counsels. 12. In Mst Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174 elder brother instituted the suit against his uterine sister for possession of his share in the property left by their mother on the ground that after her marriage in 1938 she lost her interest in......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
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....al and economic conditions of the modern age, and the ever growing amount of complicated social necessities, have made it practically impossible for the Legislatures to provide rules of law which are complete in all their details. Delegation of some sort, therefore, has become indispensable for maki...... ......imilar to that framed by the Central Board of Revenue of Pakistan and that the standing tribunal illegally did not consider the grievance of the respondents and that the appellants without making any proper guiding principles have exceeded their jurisdiction in levying and collecting the excise duty...... 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. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......lant was solemnised for the first time on 26‑5-1996 according to Muslim Shariat Law. But after 3 weeks of the marriage parents of the accused appellant claimed dowry money of a sum of Taka 50,000 and also tortured the complainant. She paid the said sum of Taka 20,000 but the accused appellant to......mittedly the accused appellant was arrested on 29‑2‑2000 and the charge sheet was submitted on 24‑4‑2000 and it is noticed that about 2 years have elapsed but the prosecution did not take any proper step for framing of the charge in the case before the trial Court keeping the accused appella...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......hul Amin J KM Hasan J Mozibul Huq ... …………Petitioner Vs. Chairman, 1st Labour Court and others...............Respondents Judgment February 6,...... absorbed and his service was not regularised even after 10 years continuous service the IRO case was rejected on the ground of maintainability. The court held that the Administrative Tribunal is the proper forum for adjudicating the matter. Being aggrieved the petitioner filed the aforementioned wr......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D......thout obtaining the medical report as to whether the condemned prisoner was fit to stand the trial vitiated the trial as a whole. We have already stated the relevant facts in this regard. In order to properly appreciate this contentions would be worthwhile to refer to section 465 of the Code of Crim......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....the High Court Division the same is signed by the learned Judge when the transcript is ready with the date the judgment was pronounced. The judgment which has been orally dictated in the Court can he completely changed before it is signed and sealed provided notice is given to all parties concerned ...... KM Hasan J Abdur Rashid.............................Petitioner Vs. Santi Bhusan Deb and others………………..Respondents ......ulated that after collecting money within Jaistha 1400 BS the plaintiffs would inform the defendants and Nalini Chandra and others for execution and registration of the deed and the possession of the property would be delivered accordingly; in the later part of the bainapatra. It is mentioned that i...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..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: ......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad......its will. Police being visible symbol of the authority of the Government are expected to safeguard the interest of the individual citizens with regard to their Basic Rights. People want impartiality, proper behavior and conduct from the Police and the people and the people wants to see Policemen as ......n is parallel to the Code of criminal procedure and in police Regulations there are provisions permitting the presence of Police Officers at the time of inquiry. 10. Being aggrieved of the above adjudication by Metropolitan Magistrate, Dhaka Complainant Moni Begum as Petitioner invoked this Cou..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ecution is not taking any effective step for producing and examining their witnesses and this petitioner is languishing in Hazot for no fault of his own. In such a case when the prosecution failed to complete the trial within the stipulated time the court below may very well consider enlarging the p...... parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossa......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ...... Present: Mahmudul Amin Choudhury CJ Md. Gholam Rabbani J Md. Fazlul Karim J Mahbubur Rahman and others……..Petitioners Vs. Agrani......and. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respondent No. 2 that he took loan from bank by mortgaging his land and the property would be put to auction for failure to repay the loan. The petitioner thereupon filed Misce......en petitioner stated that they filed an application under Order XXI rule 58(2) of the Code of Civil Procedure as their property was wrongly put to auction and they made out a case for proper and fair adjudication, the Miscellaneous case should not have been dismissed without giving a chance to the p..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. ......ion (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shankar Lal Das ………….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is......ge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ordered to be sold by public auction. 2. In the application, it is stated that ......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. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......; Suhel Ahmed Chowdhury .....................Appellant Vs. Salahuddin Ayubi and others...............Respondent Judgment&nbs......tempt Petition No.18 of 2000 which arose for not implementing the order of the High Court Division passed on 9-6-1999 in Writ Petition No. 3964 of 1998 by not delivering the vacant. Possession of the property in question to the writ petitioner. 2. The petition of con......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....e initiation of the proceeding and charge sheet was sent to him at the addresses available in his service record since no other address was notified by him and that he having not appeared inquiry was completed in his absence and thereupon 2nd show cause notice with a copy of the inquiry report was s......in J Md Fazlul Karim J Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corporation and another............Respondent Judgment July 24, 2001. ......rity committed by the authority in proceeding against him and ultimately retiring him from service. The learned Member of the lower tribunal does not appear to have considered the matters in is their proper perspective." 4. Mr. Md Moksudur Rahman, learned Counsel appearing for the pe......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ...... ......lt of the Petitioners without giving them an opportunity for defence is manifestly arbitrary and cannot be sustained……….........(47) The Madrasha Board is directed to make a proper inquiry as to who are responsible for the alleged fake registration of the petitioners as ear......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....worker mentioned therein. But the worker is entitled to all the benefits consequent upon his retirement as permissible under the law including the compensation at the rate of 30 days wages for each completed year of service in addition to any other benefit as may be permissible under the said Ac...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & oth......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......le issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. ......sed petitioner in a public meeting threatened informant and wife of deceased to face dire consequences and remove them the world. 9. Contention raised from the side of accused that State was the proper authority to present any application for cancellation of bail was not countered but vehement ......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....to which they were appended, regarding fixation of valuation of the homestead of the displaced persons. These are loose sheets and the plaintiffs did not file the main letters or reports, which are incomplete documents relying upon which no decision can be arrived at as the said exhibits have practi......t-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For ......us Ministries. After the independence of Bangladesh, some Semi-Pucca Tinshed houses were constructed for a period of 10 years by the official assistance of the Ministry of Rehabilitation in 1972. For proper accommodation of helpless persons, who were victims of the war of liberation as well as helpl......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ...... Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Hossain (Md) and others...........Appellant Vs. Dildar Begu......209;1999 rejected the application holding that there was no prayer for setting aside the abatement and no separate application was filed for that purpose and the application that was filed was not in proper form and order. Thereafter separate application praying for substitution of the heirs of the ......aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
.... held against him in which the enquiry officer found him not guilty. Thereafter, the Corporation wanted to get rid of the respondent by compulsory retirement which was also not possible as he did not complete 25 years of service. Thereafter this order of termination was passed. 4. M......sp; Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah……&hell......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ...... Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Resul......MS Islam received further amount of Taka 2,50,000.00 on 11-3-91 and Taka 2,00,000.00 on 29-11-92. However, the defendant opposite parties, who are miscreants and are in the habit of trespass into the properties of others for collecting money illegal from the owners, along with 4 other unknown person......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......General—For the State. Criminal Miscellaneous Case No. 601 of 1999. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 29-9-98 passed by the নারী ও শিশু নির্যাতন দম......er, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examined in the Court and deposed as P.W.4, it was not proper on the part of the trial Court to rely on her statement which was recorded under section 164 ......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
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