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Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

.... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......rs Involved: 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). Ju...... In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ...... ..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

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.  ......ructed 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). &n......r as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......llant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for further declaration that the order passed by defendant No. 2, the Additional Deputy Commissioner (Re‑venue), Dinajpur on 12‑10‑1976 in VP Case No. 15(JA) FU/76‑77 treating the suit pro..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....s of Bangladesh. 3. Their case is that in 1998, Ministry of Information invited tenders to install and operate a Television Channel under the private ownership and accordingly, tender notice was published in a national daily. As many as 17 enterprises participated in the tender. The tenders wer......y permission to ETV Ltd to import wireless telegraph apparatus by the letter dated 29-11-99, that letter was issued by the Frequency and Wireless Board. It is further stated that in the import policy order 1997-2002 is schedule 1 under HS heading No. 6525 it is provided that wireless telegraph appar......ever, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ...... Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others…………………&he..

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.   ......he absolute owner of the property in complete negation of any right or title of the true owner thereof i.e. defendant No. 2, his enjoyment would be solely in assertion of hostile title. "In order to claim title by adverse possession it is incumbent upon a person to prove that he has been i......ellip;…………………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. C...... Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J Hasan F Siddique J Mahmood Alam (Md.) and another……………..Petitioners Vs. Moklesur Rahman Bhuiya…………………&h..

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.  ......nt Nos. 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). ......preme Court   Appellate Division   (Civil)   Present:        Mainur Reza Chowdhury J   Syed JR Mudassir Husain J  &nbs......of PWs and DWs in respect of possession and decided disputed question of fact by holding that the defendants paid rent on the basis of wrong SA record which was under challenge and that the same was done in collusion with the surveyor staff. By decision reported in 42 DLR (AD) 289 this Division held..

Category: Property Law | Date: 18 Mar, 2002 | Hits: 80

Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)

....t Division.  In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ......dvocate‑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 199......e is directed to proceed with the pre‑emption proceeding in accordance with law. Ed.  ......nt and order dated as aforesaid did not accept the said plea and thereby rejected the application of the pre‑emptee respondent No.1 on a finding that (10) whether the deed of exchange is a real one can be considered only upon evidence to be adduced.  5. Against the said order of re..

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)

....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ...... Senior Advocate, instructed by, Mvi. Md Wahidullah, Advocate‑on‑Record‑For the Respondents. Civil Petition for Leave to Appeal No. 301 of 1999. (From the judgment and order dated 22‑9­1998 passed by a Division Bench of the High Court Division in Writ Petiti...... Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......ivil) Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J  Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. Respondents   ..

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202

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. ......ash;For the Petitioner. Ibrahim Khalil Miah, Advocate—For Opposite Parties No. 1-5. Civil Revision 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 o...... by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......ted in: 54 DLR (2002) 604. ..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).

....   The petition is therefore dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 69.  ......bstituted in Execution Case No. 70 of 1992. The heirs of decree‑holder filed an application for proceeding with the execution case and the Assistant Judge, Cox's Bazar allowed the prayer by his order dated 27‑5‑1992 and fixed 3‑6‑1992 for taking necessary steps in the c......2003) 69.  ......   Mainur Reza Chowdhury J   Md. Ruhul Amin J    Shah Newaz Ebne Mos­taque and others ........................Petitioners   Vs.   Shah Alam and others...  ..

Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99

Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)

....iting the rent within 15 days of refusal of the rent by the landlord. 5. We do not find any illegality in the judgment of the High Court Division. The petition is therefore dismissed. Ed. ......monthly tenant in the suit premises under the defendant‑petitioner. The petitioner having refused the rent he remitted the rent for the month from September, 1987 to June, 1989 through postal money order which was accepted by the petitioner. Thereafter, he sent the rent by postal money order which......Fazlul Karim J Rabeya Khatun........................Petitioner Vs. Md. Saidur Rahman ................Respondent Judgment February 19, 2002. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18 and 19 (1)(Ka) Purpose of the provision is to see wheth...... The petition is therefore dismissed. Ed. ..

Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268

Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).

....   All the three petitions are dismissed.    Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 62. ......bsp; Not Represented-Respondent No. 1 (In all the cases)    Criminal Petition  for Leave to Appeal Nos. 165-167 of 2001.   (From judgements and orders dated 8-8-2001 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7753, ......sp; This Case is also Reported in:  55 DLR (AD) (2003) 62. ......   Mahmudul Amin Chowdhury CJ   Ruhul Amin J   KM Hasan J   Monzur Alam (Md)................Petitioner   Vs.   State and another ...............

Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

.... Leave was granted by this Court to consider the submission made by the learned 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 th......afique­ul‑Huq, Senior Advocate instructed by Md. Wahidullah, Advocate‑on‑Record ‑ For the Respondents (In all the cases) Civil Appeal Nos.142‑148 of 2000. (From the judgment and order dated 22nd August 1994 passed by the High Court Division in Writ Petition Nos. 728, 802, 803 &......ivision without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......awful authority…................................(35) Cases Referred to- Zaibtun Textile Mills Ltd. vs. Central Board of Revenue PLD 1971 Karachi 333; Mustafa Kamal and another vs. Commissioner of Customs and others 52 DLR (AD) 1; Corporation of Calcutta and others vs. Liberty Cinema, AIR..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......rs. Nusrat Jahan, Assistant Attorney-General — For the Respondents. Writ Petition No. 4101 of 1999. Judgment Md. Abdul Matin J.-The petitioner in this Rule has challenged an order being No. AP47/66/4392/Kashar dated 29-6-1998 passed by and under the signature of Assistant C......n 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J KZ Alam and others………….Petitioners Vs. Secretary, Ministry of Housing and Public Works and others….…&hel..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

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.......stant Attorney-­General-For the Respondent. Criminal Appeal No. 3917 of 2001. Judgment Muzammel Hossain J.- This appeal at the instance of appellant Md. Jaban Ali is directed against an order dated 19‑9‑2001 passed by the learned Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Dha......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.......a Bibi with the accused appellant 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..

Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79

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. ......llant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour Gopal Saha J. - This appeal arises out of the judgment and order dated 24-6-87 passed by the Additional Sessions Judge, Netrokona in Sessions Case No. 224 of 1......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. ......a Police Station. During the tenure of the mortgage informant Syed Mozaharul Haque purchased the mortgaged land in the month of Chaitra, 1390 BS from mortgagee Moklesur Rahman, who paid the mortgage money to accused Maruf Khan. Consequently, accused Maruf Khan became a bargader under Moklesur Rahman..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

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.  ......‑For the Petitioner.   Not represented‑Respondents.   Civil Petition for Leave to Appeal No. 708 of 1999.   (From the judgment and order dated 7‑3‑1999 passed by the High Court Division in Writ Petition No. 738 of 1999)......so Reported in: 55 DLR (AD) (2003) 91.  ......   Mahmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Mozibul Huq ... …………Petitioner   Vs.   Chairman, 1st Labour Court and others.............

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. ......ns Judge hereupon allowed the prayer and directed the Medical Officer, Mymensingh Jail, to submit a report by 12-7-1993 regarding the mental condition of the condemned prisoner and a copy of the said order was also sent to the Medical Officer, Mymensingh Jail. Thereafter several dates were fixed but......nnected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......rt Division (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J State……………..........................Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Pr..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

M. Saleemullah Vs. State, 2002, 31 CLC (AD)

....empt and there was no reason to interfere with its judgment and dismissed the appeal. It was, inter alia, found that the petitioner had not expressed remorse at any stage and insisted on his right to publish the report in the newspaper. The petitioner has now filed an application tendering unconditi......itioner exonerated. The petitioner was found guilty by the High Court Division and pronounced judgement of sentence against which appeal was preferred and the Honourable Appellate Division passed the order of exoneration. Lawyer Involved: Ozair Farooq, Senior Advocate (MI Farooqui, Advocat......he charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... Ed. ..

Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77

Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).

....   This petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 86.  ......   Not represented‑Respondent Nos. 2‑5.   Civil Petition for Leave to Appeal No. 1722 of 2001.   (From the judgment add order dated 31 at May 2001 passed by the High Court Division In Civil Revision No. 4415 of 1997). ......AD) (2003) 86.  ......uhul Amin J   Md. Fazlul Karim J   KM Hasan J    Abdur Rashid.............................Petitioner   Vs.   Santi Bhusan Deb and others…&hell..

Category: Property Law | Date: 26 Jan, 2002 | Hits: 100

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

....on as far as practicable vis‑a‑vis the territorial unity and administrative convenience and variation of population alone cannot be a ground to render invalid a report of the delimitation finally published." 5. In view of the above directory nature of the provision of section 21 o......ition No. 28 of 2000). Respondents‑Not represented (In Criminal Review Petition No. 27 of 2000). Civil Review Petition Nos. 27 and 28 of 2000. (From judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 19....... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ......Present: Mahmudul Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents J..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109