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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......ducting of the Sessions Case No. 120 of 1993 and thereby likelihood of gross failure of justice. It was also the contention of the writ‑petitioner that removal of Advocate Mr. Md. Borhanuddin from the Office of Special Public Prosecutor and appointment of Advocate Mr. Khandker Abdul Mannan ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......stration and management of a Non‑Government Intermediate College having School Section is vested with Governing Body of the Institution consisting of two members of the teaching staff, apart from the Principal of the College, who is ex officio Member Secretary of the Governing Body and tha......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......erving that first information reports were filed "against the petitioners and their co‑accused on the same date on 11 ‑ 10‑ 1992 for the offence alleged to have been committed during the period from 1985 to 1991, but the charge‑sheets were submitted about two years thereafter in 1994, yet th......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......s received by his younger brother Syed Choyonal Islam who replied that his brother was in the office; the same day at 9‑00 PM, "Chayan" on way back to home received a telephone call from accused Ershad Sikder who asked him to come to Ice factory attached to IWTA ghat No. 4; Monir......ation of the individual convict as distinguished from the case of the condemned prisoner and arrived at a finding in respect of the respective accused fixing individual liability while arriving at independent finding on material on record that the condemned prisoner was guilty of murder. This Di......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......ing back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receipt of the record by the trial Court, in default none of the parties would be ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......aint case before the respondent No. 2 stating, inter alia, that he joined as bus conductor in Bangladesh Road Transport Corporation (BRTC) on 19‑5‑1985 and was promoted to Grade‑C from Grade‑D on 5‑2-1991 and was a Trade Unionist and in course of his dialogue wi......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......lution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the petitioner from office of chairman does not suffer from any infirmity. The Constitution of Bangl......ions against the Chairman shall have to be inquired into by a competent and neutral authority appointed by the Prescribed Authority, (Government); that the term "Misconduct comprises several independent and distinct offences as are known in the Penal Code as well as in the other Special C......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......al Bangladesh Post Office used to invite false and frivolous written allegation against the elected Union office bearers. On the basis of anonymous petition he transferred the respondent to Dhaka GPO from Sadarghat Post Office and a number of inquiries were held to victimise the respondent. Subseque......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......sion of the premises as tenant; since the property of the respondent No. 1 was also taken over as abandoned property under misconception of law and fact, the Government subsequently released the same from the list of abandoned properties by memo dated 26‑11‑81 and directed the occupants includin......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....on. A confession can be accepted if it is voluntary as well as true. Extra-judicial confession if proved to be voluntary and genuine is legal and sufficient proof of the guilt of accused without corroboration. But ordinarily, the practice is to require some support for a confession. 45. Pr......ssels (Ext carotid), nerves and other soft structures and cutting of the body of the 7th cervical vertebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuries which was ante-mortem and homicidal in nature. 4. Anjuara Khatun made extraâ€......racted and conviction for murder was based upon retracted confession alone. It has been hold that a retracted confession cannot be used to base a conviction for murder unless corroborated by credible independent evidence. In cited case the basis for awarding conviction was judicial confessional stat......tioned injuries on his person." In the cited case it had been held further: "Confession is involuntary and it is unsafe to rely on such confession without corroboration from other sources." In the referred case the confessing accused was in police custody for 3 days pre..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......ged to Bholai Shah Fakir and Sital Shah Fakir, The share of Bholai Shah Fakir was owned by Lalan Shah Committee and later on plaintiff got that share. In this way the plaintiff got 1.43 acres of land from CS Khatian No. 177 and 0.12 acre of land from C S Khatian No. 227 and have been in, possession.......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......her independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was also noticed by the High Court Division that earlier plaintiff took other part of the premises from defendant's father and thereupon he has let out the said portion. 6. In that backgroun......High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division upon observing that plaintiff in support of his case has examined himself alone and no other independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportable not only on the ground of fairness but, also, upon that of the g......deed in pre-emption proceeding is an out and out sale. F) Plea adopted by, vendor that valuation of transferred property would be taka 1,70,000/- also could not be proved on production of any independent witness. G) Decision rendered by Trail Judge did not rest upon examination of evid...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......W 1 the informant having had heard about the incident went to the place of the incident and also visited the house of PW 5 and made arrangement for her treatment. PW 1 upon hearing about the incident from the persons who witnessed the incident lodged the first information report and thereupon Fulbar......ness cannot be thrown away when there is nothing in his evidence to consider him unreliable. It has also been submitted by the learned Counsel that prosecution in proving its case did nor examine any independent witness and the witnesses figured as eye‑witnesses of the incident are related to the ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......y it which is incumbent under the provision of Order XLI, rule 31 of the Code of Civil Procedure. The appellate Court, as a final Court of fact, is legally obliged to draw its independent conclusions on all material points in issue upon consideration of evidence on record. On....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ...... The Constitution of Bangladesh, 1972, Article 103 Order of transfer of a senior staff nurse who is the writ petitioner is contravention of the circulars issued by the Government from time to time framing regulations of transfer of such employees. The High Court Division rightl......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......hy the Trade Mark registered under the name of "Aziz Biri" bearing No.40518 in Class-34 dated 5.5.1994 together with its existing features of label, get up and design should not be expunged from the Register of Trade Marks and the Register rectified accordingly and/or such other or further......ed in limine as not being maintainable. The learned Advocate finally submits relying on the decision reported in PLD 1999 Karachi 281 that both the sections, namely- sections 46 and 76 of the Act are independent of each other and once an aggrieved party resorts to the forum of Registrar under the Ac......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......98 (V of 1898), Section 417(3) 'Special limitation' as provided in sub‑section (3) of section 417 of Cr. P. C. has no manner of application in respect of an appeal arising from the judgment of acquittal passed in a case initiated not upon a petition of complaint but regi......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......sentence. The Evidence Act, 1872 (I of 1872), Section 8 The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of the cases. Moreover, it should be reme......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......aforesaid title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the headmaster of Kadamtala Purba Basaboo Uchcha Bidalaya purporting to remove the plaintiff respondent from the post of Assistant Teacher is void, illegal and without jurisdiction and not binding upon he......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
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