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Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....er, Advocate‑on‑Record‑ For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 275 of 2002. (From judgment and order dated 20th January, 2002 passed by the High Court Division in Civil Revision No. 2412 of 2001). ...... such, no Injunction could be granted at his instance inasmuch as the suit is neither a suit filed in representative capacity by the plaintiff nor a relief has been sought seeking cancellation of the decision to construct the school at the new site and, as such, the High Court Division failed to con..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....dure for confirmation of sentence of death by hanging by neck till his death while convicting Harish under section 6(4) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by a Judgment and order dated 21-10-1998. This judgment will dispose of the Death Reference and the Appeal preferred by the ......fessional statement and submits that the confessional statement of the condemned prisoner must not only to be voluntary but also true and in support of his contention has referred to the long line of decision of this Court. 26. In the case of the State Vs. Ali Hossain, reported in 1998 BLD 655 ..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)
....al 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 court under constitutional mandate is duty bound to preserve and protect the rule of law. The cutting edge of law is remedial an......fidavit-in-opposition while hearing of the writ was progressing. Respondent No. 2 is Bangladesh, represented by the Secretary, Ministry of Finance. It is stated in his affidavit-in-opposition that decision of charging Taka 1200 and formulation of some other conditions were taken in an inter-mini..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....t the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff respondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerhat in Title Suit No. 2......No. 1753 of 1990 at the instance of the plaintiff was filed and the High Court Division upon hearing the parties by judgment and order dated 2‑11‑98 remanded the suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the pa..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....bsp; Mahmudul Amin Choudhury CJ.- This appeal by leave at the instance of the informant who is the father of victim Masuda Khanam (Hasi) is against judgment and order dated 16‑4‑2001 passed by a Division Bench of the High Court Division in Criminal Misce......hat at the time of granting leave to appeal the learned Counsel placed reliance in a case of this Division reported in 5 BLT (AD) 1 =2 BLC (AD) 18 (Sree Mongal Chandra Nandi vs Bangladesh). In that decision it has been held that when a victim girl was found to be a minor she ought to have been g..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....nt Syed Amirul Islam J.- These Rules arise out of a news item in the Daily Manabjamin under the caption "GKwU ivRKxq †K‡j¼vixi LmovÓ published in its issue dated 16-9-2000, corresponding to 1st of Ashwin, 1207 BS. After publication of the aforesaid news it...... with the independence of the judiciary in any manner whatsoever. The golden example of his highest respect to the independence of the judiciary is the judgment of the Appellate Division by which his decision of setting up of five High Court Divisions in different areas of Bangladesh was knocked dow..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....t. Criminal Appeal No. 2445 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of the appellant Hobi Sheikh and Ashraf Ali against judgment and order dated 16‑11-1997 passed by the learned Additional Sessions Judge and Judge, Nari‑o‑Shishu Ni......atement recorded was true-The statement cannot be used for filling up lacuna or for strengthening the prosecution evidence which is otherwise weak. The principle has been consistently followed in the decisions reported 1981 BLD 433, 1984 BLD 44, 1985 BLD 137, 8 DLR 404. 28. Regard being had t..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishesh Adalat, Jhalakathi......hly suspicious. He also submits that the learned trial Court passed the impugned judgment and conviction on misreading and non-consideration of the material evidence on record leading to an erroneous decision. 9. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General in reply, made su..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....cation under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Judge 1st Court Rajshahi in Miscellaneous Appeal N......nding that due to the dismantling by the RTDA the room No. 9 has become unusable and portion of the said room has been broken which cannot be usable without construction. He has further stated in his decision that the room No. 9 cannot be usable by repair and, as such, he refused to pass an order fo..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
.... instructed by Sufla Khatun, Advocate‑on‑Record‑For the Petitioners. Not represented‑ the Respondents. Civil Petition for Leave to Appeal No.777 of 2000. (From the judgment and order dated 8‑3‑2000 passed by the High Court Division in Writ Petition No. 1631 of 1994). Judgment....... 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
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....e‑on‑ Record‑For the Petitioners. Not represented‑The Respondents. Civil Petition for Leave to Appeal No. 201 of 1998. (From the judgment and order dated 17 August 1997 passed by the High Court Division in Civil Revision No. 3617 of 1995). ......tween the Governments as the litigant and a public litigant in case of considering an application under section 5 of the Limitation Act. However, following the principles laid down in several decisions referred to in the judgment the learned Single Judge of the High Court Division was of th..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....olved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. Civil Petition for Leave to Appeal No. 584 of 2000. (From the judgment and order dated 6‑3‑2000 passed by the High Court Division in Writ Petition No 1383 of 1996). Judgment...... after requisition and acquisition a small portion of land was utilised by the requiring body and the remaining portion remained unused for the last 36 years. In the meantime the Government has taken decision to release unutilised land in favour of the original owners. Thereafter, the petitioners su..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
.... by AKM Shahidul Huq, Advocate‑on‑Record ‑For the Appellant. Ex Parte ‑ the Respondents. Civil Appeal No. 52 of 1998. (From the judgment and order dated 3rd March, 1997 passed by the High Court Division in Civil Revision No. 323 of 1994). ...... Additional District Judge who heard the appeal dismissed the same on contest affirming the findings of the trial Court upon proper consideration of materials on record and relying upon tile relevant decisions. 8. Against the aforesaid judgment of affirmance, the aforesaid defendant Nos...Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....sh; For the State. Writ Petition No. 5050 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the licensing agreement dated 9-3-99 signed by and between the Ministry of Information, the respondent No. 1 and Mr. AS Mahm......d 5 also filed Affidavit-in-Opposition during the stage of hearing. Respondent No.2 is Bangladesh, represented by the Secretary, Ministry of Finance. It is stated in this Affidavit-in-Opposition that decision of charging Taka 1200 and formulation of some other conditions were taken in an inter-minis..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
.... Md. Abdur Rashid J.- This Rule was obtained by defendant Nos. 1 and 10 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 30-3-2000 passed by Additional District Judge, Court No. 2 at Barisal in Title Appeal No. 148 ......aman and lease agreements exhibits 'Ta' and 'Tha' at least in a part of the suit land but the trial Court decreed the suit in respect of the entire suit land. In support, he cites the decisions in the cases of Golam Ilahi Vs. Md. Waris Khan, 10 DLR (FC) 174; Abdur Kader V..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
..... 1‑3 Ex‑Parte‑Respondent Nos. 4‑ 7.5. Civil Appeal No. 66 of 1998. (From the judgment and order dated 6 April 1995 passed by the High Court Division in Civil Revision No. 371 of 1991). ......he courts below did not consider the material evidence in arriving at the said findings of fact and thus fell into an error of law in dismissing the suit. The learned Judge accordingly, set aside the decision of the courts below and decreed the suit against which the defendant appellants obtained le..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....e‑on‑ Record‑For the Appellants. Azra Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 51 of 1998. (From the Judgment and order dated 11‑4‑1998 passed by the High Court Division in Civil Revision No. 481 of 1992).&nb......by way of interpreting the document in question. 11. The High Court Division without considering the aforesaid aspect of the case, committed error of law resulting in error in decision causing failure of justice having, misdirected itself and decided case under misconception ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
.... March 9, 2002. The Building Construction Act, 1953 (II of 1952), Section 3 After two years from the date of sanction of the plan and investment of huge amount of money in constructing the building by......ed order and the Rule issued by the High Court Division had become infructuous in view of the order of the said appeal committee on 7‑9‑1998. The petitioner's further case is that, as per decision of the Government for extension of Gulshan Model Town the entire land of Plot No. 360 measu..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....09;debtor‑petitioners arises from the judgment passed by a Single Judge of the High Court Division in Civil Revision No. 2849 of 1992 making the Rule absolute and setting aside the Order No. 24 dated 26‑10‑1992 passed by the Senior Assistant Judge, Sadar Cox's Bazar in other Execut......ation Act or section 48 of the Code of Civil Procedure would be applicable in a case where application was made for the execution of the decree for the first time. The High Court Division referred to decision reported in AIR 1964 (Assam) 64, AIR 1940 (Allahabad) 151 (FB). In the Allahabad case it wa..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....t has escaped consideration of the courts below. The courts below considered the evidence of PW 1 who in cross examination stated that the respondent had deposited the rent within 15 days from the date of return of the money order, but this oral evidence was not proved and documentary evidence sh......filing aforementioned miscellaneous case on 18‑6‑90 i.e. well within time to deposit the rent with the House Rent Controller as per above provisions. As such the High Court Division held that the decision of the courts below could not be sustainable in law and therefore, made the Rule absolute. ..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
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