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State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......lleged, cannot be ordered to be released till the conclusion of the proceeding nor such orders can be passed ex parte and the further submission that the High Court Division ought not to have given full relief to the respondent including release of gold in an application for bail under sec......ent to Bangkok and Singapore. While returning he carried with him 320 tolas of gold, a micro oven, 30 computer processors and other personal affects allowable under Schedule 2 of Rule 7 of the Baggage Rules. He was detained by a Customs Officer due to an altercation between him and the Officer a..Category: Criminal Law | Date: | Hits: 57
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....given by the witness who claimed to have come at the place of occurrence subsequent to because under the above section 10(1) of the Ain an accused can be found guilty when the death is caused to a woman for dowry by her husband or relation of the husband and so to establish the charge against th...... the fact of payment of Taka 20,000 and the fact of assaulting the victim few days before the occurrence were not mentioned in the first information report although the informant, an Advocate, was fully aware of the implications of non-inclusion of these facts in the first information report and...... tortured the victim and further said that condemned prisoner caused death of the victim by wrapping up 'urna' around the neck of the victim. The further case of the prosecution was that since marriage the condemned prisoner used to make demand for dowry from the victim and for that used to tortu..Category: Criminal Law | Date: | Hits: 59
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....or constitution of a local body, Upazila Parishad, for each Upazila to consist of an elected Chairman, some representative members namely, Chairmen of Union Parishads, some nominated members, such as woman and some official members. The Ordinance (59 of 1982) also provided for re‑organisation of t...... (b) the maintenance of public order, (c) the preparation and implementation of plans relating to public services and economic development." "60. For the purpose of giving full effect to the provisions of Article 59 Parliament shall, by law, confer powers on the local g......ent with Articles 9, 11, 59 and 60 of the Constitution and as such it is void in terms of Article 7(2) of the Constitution. Among other things, they alleged that Article 9 requires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila..Category: Constitutional Law | Date: | Hits: 655
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......housand and eight hundred) only, as per enclosed schedule of rates, drawing, terms and conditions of contract." The Schedule of items contained item No. 1 which has already been quoted in full and the price mentioned therein was LS Tk. 34, 00,000.00, which means that the total work has t...... the High Court Division. 3. The respondent‑University of Chittagong by a notice dated the 20th August 1986 invited tender among others for earthwork, construction of retaining wall and drainage system of Shahid Abdur Rob (Kata Pahar) Sarak. The estimated cost was Tk. 75 lakhs. All the item..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......consider whether the High Court Division was well‑founded in law and fact in arriving at this decision. 3. The Prosecution case centres round the death of Tara, a young man of 25 years age. He was son of the Informant (PW 1), an Advocate of Naogaon Bar. His case is that on 5 July 198..Category: Criminal Law | Date: | Hits: 93
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......aintiffs account, but defendant No. 3 unauthorisedly and illegally made a delivery of 2,308 metric tons of salt to defendant No. 4 Sohrab Ali against payment of Tk. 90'00 per bag of two maunds. The full value of 100.00 per bag of two maunds was not credited to the plaintiffs account in the Bank.......A consignment of 3,250 metric tons of salt worth US $ 81,250 arrived from India on 6.9.77 at Chalna. By letter dated 10.9.77, Ext. E, the plaintiff requested defendant No. 2, the Deputy General Manager of Sonali Bank's Local office at Dhaka, to send the shipping documents to the Bank's Khulna Br..Category: Business or Commercial Law | Date: | Hits: 99
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......vision in respect of the appellant. It was found that there had been an inordinate and unexplained delay in executing the order of the High Court Division and also a total failure to obey the same in full. It further says:
"The effect of the contemner's action is that the sanctity of the court's......the apology is qualified, hesitating and sought to be used as a device to escape the consequences of the contemner’s action it must be rejected. Ayyar,in his Law of Contempt of Court, 6th Edition, Page 178 says that ‘Apology’ has certainly the virtue it that minimises the gravity of the offenc..
Category: Criminal Law | Date: | Hits: 88
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......f registration the consideration was written in the document as Tk. 2000'00. According to the defendant, the document of reconveyance was executed and registered on 17.3.77 by the plaintiff having full and direct knowledge of the contract. Hence, the suit is liable to be dismissed. 4. The......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... the motor cycle and co‑accused Mainuddin kept himself seated on it keeping the ignition in action. Abul Khair then entered into the room where deceased Safiuddin Chowdhury was working and in full view of PWs 4 and 5 drew out a revolver from his waist and fired five shots from a point blank......ment on 5.12.78. He was taken to Lakshmipur PS on 4.1.79 and on 5.1.79 he made a statement before PW 2 China Ranjan Barua. The statement was exculpatory, but he said that he was brought to the village home of Abul Khair on a motor cycle on the understanding that Abul Khair would show him a bride..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......the execution. In spite of all these, the execution was completed on 27th January, 1990 with the aid of the police force. It is submitted that all the opposite parties violated the stay order with full knowledge and thus committed a grave contempt of this Court. It is further submitted that the ......ith police help. On 25th January, 1990 the learned Judge in Chamber of this Court passed an interim order on the petitioner's leave petition staying further proceedings in the execution case. A message was sent to Kushtia with the following letter dated 25th January, 1990 of the learner Counsel M..Category: Property Law | Date: | Hits: 98
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......ndance regularly but the other accused are absconding and the next date has been fixed on 15.3.1992. In the other case, Ramna PS Case No. 53(2)/91, no chargesheet has yet been submitted although a full year has elapsed in the meantime. Therefore the prospect of holding any trial in the near futu....... The learned Deputy Attorney‑General, however, supported the impugned judgments contending that after all it was within the discretion of the High Court Division not to grant bail at that stage. 9. When the matters were heard in the High Court Division chargesheet was not submitted..Category: Constitutional Law | Date: | Hits: 150
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......e present character. The writ petition was clearly maintainable.
29. Coming now to the first two points on which leave was granted, it will be profitable to quote section 3 of the Ordinance in full before the arguments are considered. Section 3 is as follows:
"3. If, on the expiry, whe......ppeal No. 1 of 1992
(From the Judgment and Order dated 27.8.91 passed by the High Court Division in Writ Petition No. 1215 of 1988).
Judgment
MH Rahman J.- I have had the advantage of going through the judgments proposed to be delivered by my learned brothers Mustafa Kamal and..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......plication in the instant case. 14. Dr. Kamal Hossain, on the other hand, submits that this Court has committed no palpable or glaring error of law by holding so. He submits that section 53A can be fully invoked by the defendant because it is the concurrent finding of the Courts below that in part...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds to the property of her deceased husband. The defendant‑appellants are the full brothers, of the plaintiff’s deceased husband and the other defendants are her husband's othe......however submitted a report on 13.6.71 to the sub-Divisional Officer, Barguna stating that the plaintiff was the only heir of her deceased husband. Then during the Martial Law period the defendants managed to drag the plaintiff's father on 17.7.71 at night and forced a signature from him on a partiti..Category: Property Law | Date: | Hits: 52
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ision of the Gun Court, which never sat, did not same from the case, but it was considered for its outstanding public importance. In the majority opinion the provisions of the 1974 Act establishing a full Court Division consisting of three resident magistrates were held to be in conflict with Chapte......of Australia Vs. Alexander Limited (1918) 25 CLR 434; The Attorney‑General of the Commonwealth of Australia Vs. Reginam and the Boilermakers' Society of Australia and others [1957]2 All ER 45; Liyanage Vs. The Queen (1966] 1 All ER 650; Societe United Docks and others Vs. Government of Mauritius [..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid. Provided that nothing in this clause shall prevent a woman from being elected to any of the seats provided for in clause (2)." 2. In th......o. 2306 of 1990) Judgment: MH Rahman J: The petitioner, a Senior Advocate of this Court, unsuccessfully challenged the vires of the Constitution (Tenth Amendment) Act, 1990 (Act No. 38 of 1990) in ...... shall prevent the State, which expression includes Parliament, from making special provision in favour of women. We find no merit in this petition and, accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ....../s MA Baker. 9. It was stated that the respondent's claim without fulfilling the requirements of Customs law in respect of the balance amount of cement which was awaiting clearance could not be lawfully entertained. It was also stated that the importer M/s MA. Baker submitted the requisite import......ndent. M/s MA Baker have done all such formalities and the Invoice, Certificate of Origin of the goods, Bills of lading etc. were issued in their name and the Manifest (IGM) submitted by the shipping agent also contained the name of M/s MA. Baker as the importer but nowhere the name of the responden..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......osing in the Court and also stating in the written objection that the pre‑emptor was offered the sale of the case land by the sellers. It is the finding of the trial Court that the pre‑emptor had full knowledge of the improvements made by the pre‑emptees. .... In that view of the matter I cann......refused to purchase and also gave oral assurance that he would not pre‑empt, such an assurance would not constitute "acquiescence or waiver" for, the right of pre‑emption did not accrue at this stage but it accrued after the sale. In support of this view, he has referred to a decision of the Nag..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ession in Criminal Appeal No. 61 of 1983). Judgment: ATM Afzal J.- This appeal by the 4(four) accused‑appellants, who are full brothers, is from the judgment and order dated 16 January, 1990 passed by a Division Bench of ...... by the Investigating Officer. What were seized during investigation in this case (rope, gumcha etc.) are generally items of common house‑hold articles which may be found in any house of village. 10. Admittedly all the witnesses (PWs 24 and 8) who deposed as eye‑witnesses of t..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......adar's possession may be constructive possession of the first party owner but it can never be the actual possession of the owner which is contemplated under section 145 Cr.P.C. He has referred to a full bench case, Agni Kumar Das Vs. Mantazuddin, AIR 1928 (Cal) 610 where it has been held that th...... inferior Criminal court which is done in exercise of revisional jurisdiction under sections 435/439/439A Cr.P.C. A revision petition cannot be brought before the High Court Division in the camouflage of a petition under section 561A Cr.P.C. The final order of a Magistrate passed under section 1..Category: Criminal Law | Date: | Hits: 53
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