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Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......nts. He assessed the net worth of the company and the value of the shares on the basis of the best case, the most likely case and the worst case scenario derived from several assumptions like number of ship days available, the freight cargo receivable per ton, idle time, the maintenance of ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ...... by holding that “A speedy trial in all circumstances, however, is not a hard and fast Rule. Now‑a‑days trial cannot be expedited due to varieties of reasons, such as, increasing number of cases, seeking of adjournments, collection of witnesses for production before Court and o..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......inafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights of the people. In such a case benefit will be derived by a large number of people in contrast to a few, PIL considers the interest of others and therefore, in ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ...... in the absence of other evidence against her character to treat her statement as being true. This view finds support in the decision reported in 1999 BLD 307 = 51 DLR 154 [Al-Amin Vs. State] where a number of Criminal Appeals were disposed of by a single judgment. In the said case their Lordships o..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ...... and, as such, the impugned order of framing of charge against the accused appellants is liable to be set aside. He then submits that of the accused 13 in all as mentioned in the charge-sheet, the number of the absconding accused is 6 of them 3 accused namely, Jamal, Yunus and Abu Bakkar had nev..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nd decide the points raised by the learned Advocates as noted hereinbefore, as in that case it would be mere academic to decide the said points which has been discouraged by the Appellate Division in number of cases. Section 491 of the Code of Criminal Procedure (hereinafter referred to as..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......e court of appeal below were in error in holding that Exhibit 1 was authenticated by the Office of the Deputy Commissioner (Revenue), Comilla although there is no reference in Exhibit 1 of any case number in initiation whereof the document was revalidated and re‑stamped, that High Court Divisi..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
.... section 464 of the Penal Code". It has further been held "merely because on those dates the appellant made entries in the said Work Register, he signed false receipts of certain printed voter lists he could not be said to have committed a forgery in respect of the said Work Register&q......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... unacceptable. 10. The writ petitioners alleged that by a letter dated 16 February, 1999, to the Ministry of Information, Annexure-C of the writ petition, the Ministry of Finance set out a number of conditions for granting licence to Ekushey Television. One of the conditions was that if ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......should be looked, particularly in view of the fact that now a days in all modem states freedom of speech is a guaranteed right under the Constitution. The learned Advocate, drawing our attention to a number of cases decided within the Indian Jurisdiction as well as the English and American jurisdict..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......discharging the Rule. 2. The petitioners as the plaintiffs instituted Title Suit No. 333 of 1984 in the First Court of Munsif (now Assistant Judge); Sadar, Chittagong which was renumbered as Title Suit No. 72 of 1985 after being transferred to the second Court of learned Subord..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ...... earlier found to be not qualified at all was placed in the 2nd position Next, the petitioners alleged that subsequently Ministry of Information after discussing with the Ministry of Finance, set out number of conditions for granting licence to Ekushey Television and one of the conditions was that i..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. ......his premises. He gave water connection to the tenants. He however lives outside the suit land. 6. On the pleading, various issues were framed. The plaintiffs examined three witnesses and adduced number of papers and documents, which were marked as exhibits No. 1 to l.(Ga), 2 to (Ka) and 3 while..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......e basis for levy of excise duty on production capacity as just under section 3(4) of the Excise and Salt Act, 1944 as the same was filed after careful study of production capacity on consideration of number of filling valves of each factory and actual production for realisation of the revenue in the..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
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. ......ocate for the condemned prisoner that the prisoner was mentally deranged at the relevant time entitling him to have the benefit of section 84 of the Penal Code, inasmuch as, he dealt disproportionate number of dao blows on the victims showing that he was suffering from insanity at the time of commit..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......ct of misconduct. 3. The two Complaints in hand era examples of alleged violence atrocity and act of misconduct, brought home against Police Personnel’s by seekers of Justices, two in number, one Moni Begum alias Moni, a political activist of e political party, Bangladesh Nationalist..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......luences, coarsening his conscience and alienating him from the society. It is a matter of regret that despite statutory provisions and frequent exhortations by social scientists, there is still large number of children in different jails in the country as is now evidence from the reports of the Surv..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....ch, the present petitioner is not entitled to act or continue as a Member of the Parliament or to sit or attend in any proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Rangpur 3 constituency and has a right to be represented in the Parliament by a qualifie......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......d Board, opposed the Rule by way of filling affidavit-in-Opposition contending, inter alia, that no registration was granted by the Board in favour of the petitioners, they used the registration numbers of others while filling in the Examination forms and thereby obtained admit cards and appear..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....Rabbani, PW 3 is a worker of accused Golam Rabbani and PW 2 in the Union Parishad Election. PW 4 stayed in the alleged meeting for two minutes and he is related to PW 1 and PW 2, PW 5 is a worker and voter of PW 2, PW 6 was suggested to be relation of PW 1 and PW 2. We are not inclined to have a det......om jail custody on the said date ie 3‑5‑2000. 6. On 10‑5‑2000 after a period of only seven days of freedom of bail granted to accused-petitioner, informant presented an application being numbered as Miscellaneous Case No. 180 of 2000 before learned Sessions Judge for cancellation of bai..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46