Search Options
Judgment Advanced Search
Displaying 321-340 of 2232 results.
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......Chief Engineer, West, Bangladesh Railway, Rajshahi (in Civil Appeal No. 98 of 2000) are directed against the judgment and order dated 21‑7‑1999 passed by the High Court Division in Appeal from Original Decree No. 371 of 1996. 2. Janab Md. Asalat Zaman, the appellant ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......it respondent No. 2 with a direction to circulate the same to the respective school and colleges which reads to the effect that, after 10th June of the year no student of class IX will be transferred from any school and after 31st August of the year no student of class XI will be transferred to any ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... opines that Exhibits C(1), E(3), H(1), L(1), L(2) and L(3) do not agree with admitted signatures of their respective authors. There appears to be no infirmity in the report. The evidence of PW I get corroboration from his evidence." 12. The appellant however, sought to prove their case by three......s to appellant respondent No. 2 transferred her 100 No. 3 and appellant No. 5 and the said transfers shares to were registered on 3‑1‑1987. The names of the respondents were accordingly, excluded from the register of shareholders of the company. 4. The respondents now claim that neither resp......(3) of the Evidence Act the credit of a witness may be impeached by proof of former statement, oral or in writing, inconsistent with any part of his evidence which is liable to be contradicted, Since independent proof of a former inconsistent statement may be given, it follows that the PW 1 may in c......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ...... allegation of committing offence under section 138 of' the Negotiable Instruments Act. 3. It has been stated in the petition of complaint that accused petitioner borrowed Taka 30,77,000 from his relation Md. Anwarul Islam. The accused petitioner issued 3 cheques totaling Taka 30,77,000......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
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. ...... The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended to vindicate rights......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. ......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. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......ble in the execution proceedings. 2. The petitioners filed the application under Article 102 of the Constitution stating, inter alia, that petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 storied building on plot ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....roboration as a condition for judicial reliance on the testimony of a victim of sex crime is not a requirement of law but merely a guidance of prudence under given circumstances. The rule is not that corroboration is essential before there can be a conviction. The testimony of the victim of sexual a......e took any advance part payment of the sale price of then land after taking money in exchange of it. 12. PW 3 the victim deposed that the accused claimed to have arranged 1800 taka as relief money from the office of the Deputy Commissioner, Rajbari and accordingly, to collect the money her husban......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. ......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. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......I) for 15 days more. 2. Prosecution case, in short, inter alia, is that on 23-1-86 Thursday, at 11-00 AM deceased Shaymol Kanti Saha drove out 3 buffaloes of their local Member Abu Bakar beating from his pulse field for damaging their Colay pulse. Accused Kalu Sk, shepherd of the buffaloes, cam......licity of the offender in the commission of the alleged offence. The evidence of an expert cannot alone be treated and used to form basis to find an accused guilty and to form basis of his conviction independent of the substantive evidence of the P.Ws. in the case. Expert evidence is a strong corrob......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
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. ......ents. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Advisory Board on 15-5-2002 illegal as...... 9. Mr. Abdur Razzak Khan, the learned Additional Attorney-General, appearing for the State, on the other hand, submits that the Advisory Board constituted under section 9 of the Act is an independent body and government has no control or mechanism to control its functioning. He submits t......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. ..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. ......perty described in schedule ‘A' to the plaint belonged to erstwhile East Pakistanis i.e. defendant Nos. 5‑12 and the property described in schedule 'B' belonged to the plaintiffs, the migrants from the Tripura State, India. Plaintiffs instituted the suit stating, inter alia, that they were t......ers ……………………. Respondents Judgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as......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. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......vernment Servants (Discipline & Appeal) Rule, 1976 Rule 3 Retirement after completion of 25 years of service with full pension benefit is not a punishment and it is altogether different from dismissal. Removal or compulsory retirement and any such punishment is governed under rule 3 o......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ...... 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was legally married to the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai. He demanded dowry from her. She could not pay the said dowry as a result she was beaten by the accused appellant. Ther......d appellant, the Bishesh Adalat committed illegality in convicting the accused appellant under section 10(2) of the aforesaid Act. He further submits that there having been no consistent evidence and independent witness to Substantiate or prove the prosecution case and that all the prosecution witne......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......lia, that House No. 32 (new), Road No. 4, Dhanmondi Dhaka belonged to Mrs Ovais Bandi; that the respondent was a tenant in the house under her that on 21‑4‑1968 she received Taka 1,50,000 from respondent and executed an agreement to sell the house to him at Taka 3,50,000; that possession......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....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. ......ok lease as vested property is the ancestral property of the said persons and that the said Muktipatra have been executed and registered by the appellant No. 3 and others to deprive the Government from claiming the property which has vested in it by operation of law i.e. law relating to vested a......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. ......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
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......iya Group Jalmahal, Sadar, Sylhet, Pukuria Group Jalmahal, Companygonj, Sylhet and Turial Ganrail Group Jalmahal, Gongainghat. Sylhet till receiving of instruction, which has already been sought for, from the Ministry of Land since cancellation by the Central Committee of Jatiyo Motshajibi of the pr......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......t Government allotted taka 7,50,000 (seven lac fifty thousand) for consideration of the school building, that on getting the said information some interested persons made attempts to shift the school from plot No. 331, which is far away from the existing premises, in collusion with the defendant Nos......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....statement and the statement of the condemned prisoner was recorded under section 164 of the Code of Criminal Procedure after giving him only one hour’s time for reflection. 30. True it is that corroboration is not always to be in material particular and the conviction of an accused can solely......ht have kidnapped his daughter. At about 1-00 AM, PW Abdul Jabbar started shouting that he found a dead body in his Kachcha latrine and the informant and others went there and recovered the dead body from the latrine and identified the dead body of Hazera Begum. Hazera Begum was wearing a green half......ional statement of the accused if it is found to be voluntary and true. The law in this regard is that though there is no compulsion under the law that a confession need be materially corroborated by independent witness on record yet it is prudent that a court should look for it. Therefore, we have ......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......y of his minor daughter ought to have been allowed by the High Court Division. 5. Mr. Fida F Kamal, learned Advocate appearing on behalf of respondent No. 4, on the other hand, submits that from the date of birth as mentioned in Secondary School Certificate Examination it would appear tha......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
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 ......not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in question with a transcript and directed him to disclose the source from which he obtained the cassette in question. Subsequently the Editor submitted the cassette with......aw Minister. It is, therefore, contended that a reader is bound to reach two conclusions, Judges take bribes and the Government interferes with the administration of justice and so the judges are not independent in performance of their functions. Reading the report a reader with a reasonable frame o......we did not issue any Rule against him. By our order dated 15-11-2000 we asked the Editor of 'Manabjamin' to produce the cassette in question with a transcript and directed him to disclose the source from which he obtained the cassette in question. Subsequently the Editor submitted the casset..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....Ashraf and mother‑in‑law of Hobi's sister who saved the accused persons. Mazu Bib told the occurrence to other witnesses but denied the fact in the court. In this Circumstance it is difficult get corroboration from independent source. 23. We have perused the case record, first information......the convict, appellant No. 1 Hobi Seikh and under section 6/14 of the said Ain against the appellant No. 2 Ashraf Ali. They pleaded not guilty and claimed to be tried. The defence case, as it appears from the trend of cross-examination, is that the accused persons are innocent and they have been fal......ot support the prosecution case and, in fact, she made no allegation of rape against the Appellant No. 1 and the inmates of the house, where alleged occurrence took place, the prosecution case and no independent neighbouring witness proved the occurrence and the medical certificate, claimed to have ...... Hobi's sister who saved the accused persons. Mazu Bib told the occurrence to other witnesses but denied the fact in the court. In this Circumstance it is difficult get corroboration from independent source. 23. We have perused the case record, first information report, charge-sheet, evidence..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
2141121251081801734338892189191831597555175143162158427916838054821