Search Options
Judgment Advanced Search
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta...... there remains nothing to be tried by the trial Court. He then submitted that in an appropriate case an application under section 517 of the Code of Criminal Procedure may be filed before the proper Court for release of the seized articles on conclusion of trial of the case but not before t..Category: Criminal Law | Date: | Hits: 57
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......writ-petitioner-respondents Samity the same ceased to have any activities of the co-operative society and the High Court Division having failed to consider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusa..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......ed the Adalat had no jurisdiction to try the case and in the background of the said submission the learned Counsel submitted that the case should be sent back to the Court of Sessions which is the proper Court in the facts and circumstance of the case for fresh trial. 11. Prosecutio..Category: Criminal Law | Date: | Hits: 59
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......f the Cinematograph Act, 1918 and the rules framed thereunder, it is apparent that the discretion vested under the Act must like any other discretion, be exercised reasonably and upon just and proper grounds provided therein on strict compliance of the provision of law so as to guard agains..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Respondents Judgment June 14th, 20......nts (Discipline and Appeal Rules), 1985 has been violated as the impugned order was passed by an authority which was subordinate to the appointing authority and the Appellate Tribunal did not properly consider this aspect of the case and as a result these has been miscarriage of justice and..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....immediately. Ed. ......s finding of fact cannot be said to be perverse either. Interference with an acquittal is called for when the evidence against the accused is unimpeachable. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the ..Category: Criminal Law | Date: | Hits: 68
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3...... the suit of 1952 and subsequently confirmed by the Dhaka High Court, and that the same could not be gone into afresh in the suit for mesne profits between the same parties in respect of the same properties. The suit for mesne profits was limited to the determination of damages the plaintiff..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....e Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Eunus and Brothers (Pvt) Ltd. ........................Appellant. Vs. Registrar, University o......cutting earth with side slope 1:2 and grade upto 3% including throughing the spill manually or mechanically at safe distance, leveling, soil dressing etc. Complete, cutting, ramming to a rough for proper filling, leveling the road including dressing bailing put wall, compacting properly, all as ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.......................................Appellant [In both the appeals] Vs. Rajdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment Au......at the Lease has been granted on the basis of the information furnished and declaration and statements made in the application and affidavit submitted by the LESSEE for allotment of the demised property; and if at any time any or more of such information or declaration of statement is/are fo..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......neous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from the criminal act merely on a slight difference between ocular evidence and medical opinion is highly improper, causing failure of justice. 7. The unusually lengthy judgment of the learned Judges ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
.... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ......n other employees were also found guilty and given minor punishment. 9. In the face of these materials it is to be seen whether there is any substance in the ground that the enquiry was not proper or that the appellant was not given sufficient opportunity to defend himself. As the facts s..Category: Employment/Service Law | Date: | Hits: 67
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....12 BLD (AD) 174; 44 DLR (AD) 253. ......ul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such..Category: Property Law | Date: | Hits: 67
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....rd-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Hoque, Advocate-on-Record-For the Respondent. Criminal Appeal No. 20 of 1991 (From the Judgment and order dated 18.7.91 passed by the High Court Division, Dhaka in Criminal Misc. Case No. 508 of 1......ed the misappropriation of more than Taka six crores in connection with export of fertilizer to Nepal. 3. Leave was granted to consider whether the learned Judges of the High Court Division upon a proper interpretation of section 497 of the Code of Criminal procedure refused the bail of the appel..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... The appeal is dismissed with costs. Ed. ...... in regard to suits based on contract." 17. The learned Judges also referred to the following observation of Lord Herschell in (1891) AC 107 (144 and 145): "I think the proper course is in the first instance to examine the language of the statute and to ask what is ..Category: Business or Commercial Law | Date: | Hits: 124
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdus Samad @ AKM Abdus Samad and others................. Petitioners. Vs. The State................. Respondent ......nbsp; Shahabuddin Ahmed CJ- In this petition for leave the question is whether the conviction of the accused-petitioners for a minor offence is proper and justified when they were acquitted of a major offence with which they had been charged. ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&...... The defendant's own pattan is an unregistered document which the trial Court disbelieved, as a lease was required to be executed by both sides and registered in view of the said land being a town property. The trial Court also found that the document of pattan was an ante‑dated one. Rajen..Category: Property Law | Date: | Hits: 67
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju...... of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the right hand of Shahajuddin which he described as grievous cannot be accepted in the absence of proper evidence from the hospital which the prosecution failed to produce. Considering all aspects ..Category: Criminal Law | Date: | Hits: 51
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………………………&......ala Match Factory at Shyampur, Dhaka and Sattar Match Works at Lama, Chittagong Hill Tracts as well as the Pakistan Manufacturers and Industries Limited vested in the Government as abandoned property under President's Order No. 16 of 1972. After taking over the management of the aforesaid..Category: Intellectual Property Law | Date: | Hits: 227
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....cord‑For the Appellant. B Hossain, Advocate‑on‑Record‑For the Respondent in both the appeals Criminal Appeal No. 21 & 22 of 1991. (From the Judgment and Order dated 21 August 1991 passed by the High Court Division, Dhaka in Criminal Misc. Case No.......case, Ramna PS Case No. 53(2)/91 (DAB GR Case No. 13/91) the gist of the allegation made in the FIR was that the appellant as the then Minister of Works dishonestly and all fraudulently released a property at 144 Shanti Nagar,Dhaka from the list of Abandoned Property in favour of one M/s Propert..Category: Constitutional Law | Date: | Hits: 150
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advoc......nds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this ca..Category: Criminal Law | Date: | Hits: 69