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Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......ourt’s jurisdiction, and his object is to obstruct or delay the execution of any decree that might be passed against him. The party imputing the motive on the defendant must be ready with the evidence to satisfy the Court, if called upon to do so. Vague or general allegations without any m..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ...... the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......ily explained her failure to resume her duty after the expiry of leave and that the loss of lien imposed by the employer was illegal and mala fide, were perverse as there was no corroboration of the evidence of the complainant, and that the High Court should have set aside the said finding. In supp..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101....... and sentenced them as mentioned above. High Court acquitted them on the finding that the respondents are entitled to benefit of doubt. Leave was granted to re-examine and reassess the entire evidence for the ends of justice because of the manner in which the appeal was disposed of by the Hi..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......vision in the case was too premature as the accused rushed to the High Court and obtained rules therefrom within a couple of months of their arrest and before the police had any occasion to collect evidence in course of investigation; and secondly, the question of quashment of the G.R. case did ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......ie guilty of the charges brought against him and if it is satisfied a show cause notice is to be served on him. Provisions have been made for the officer to defend himself and in so doing he can call evidence in his support, cross-examine the witnesses, and give evidence of rebuttal as well. After t..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......pellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......custody without lawful authority or in an unlawful manner. Now, if the relevant detention law provide that a person can be detained on the subjective satisfaction of the detaining authority alone and evidence is given that the said authority was so satisfied it would be very difficult for the Court ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......69. Judgment Kemaluddin Hossain J.- Leave was granted to the Appellants, to consider whether the conviction of the Appellants under section 326/34 of the Penal Code could be sustained, as the evidence of three witnesses P.Ws. 7,8 and 11 suffered from contradictions, and should not have been ..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......ns under section 342 of the Code of Criminal Procedure is that they have been falsely implicated in this case out of grudge and enmity. 7. The trial court on consideration of the evidence on record and the facts and circumstances of the case held that the prosecution case was p..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......his petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e farther stated that the requisite deposit along with compensation was not made within time. So the pre-emption case is liable to be dismissed. 5. The trial court upon consideration of the evidence on record found that the pre-emptor is a co-sharer by purchase and the pre-emptee is a str..Category: Property Law | Date: | Hits: 35
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......shed, P.W.5 Zaved and P.W.6, Sohel are eye witnesses to the occurrence. 14. P.W.4 Rashed, P.W.5 Javed and P.W.6 Shohel are child witnesses. It appears the trial court before recording their evidence orally tested their power of understanding and they were found to be capable of giving rat..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ion. Accordingly, the petition is dismissed. Ed. ...... plaintiff’s claim of compensation for causing his humiliation and putting him to suffer loss and injury, the High Court Division held that the plaintiff could not adduce reliable and cogent evidence and the witnesses examined are all interested persons and accordingly refused to award any..Category: Employment/Service Law | Date: | Hits: 82
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......without any substance. 7. The leave petition is accordingly dismissed. Ed. ...... of the deed and that the suit was contested by the defendant insisting on the assertion of execution of the deed of heba bil-ewaz by the plaintiff and that the trial court oh consideration of the evidence found the plaintiff to be in possession of the suit property and also observed that the de..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... was obtained by fraud and collusion between the plaintiff of the suit and the government official concerned, although the same was based on the material fact and the circumstance of the case and the evidence on record. 13. The appellants filed the suit seeking declaration that the ex parte decre..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......tly, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ...... the decision on the ground of adverse possession although the lower appellate court did not frame any issue of adverse possession and there was no such pleading in the written statement or in the evidence adduced by the defendant-petitioner and therefore the High Court Division found that the t..Category: Procedural Law | Date: | Hits: 71
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......lay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......sion under section 561A of the Code of Criminal Procedure and obtained Rule and the proceeding was stayed in respect of the petitioner. The Tribunal, in the meantime, concluded the trial by taking evidence of 27 prosecution witnesses and convicted the other accuseds under sections 302 and 149 of..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... to Rativan and thereupon she, upon being fully aware about the contents of the document, voluntarily executed the deed by putting thumb impression but the High Court Division did not consider the evidence of these witnesses. 10. The question of special onus with regard to a transaction e..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......t. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......tiff then moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing that the trial Court on consideration of the evidence was quite correct in arriving at the finding that the plaintiff has right, title, interest..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......left out from prosecution or if it comes out that there is a thin line to connect anyone in supplying grenades, which according to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of B..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......ns Judge, Rajbari in Sessions Case No. 7 of 1994 on the allegation of committing murder of one Shahajuddin Bepari of Moharajpur, Police Station Rajbari on 19-7-1993 and for causing disappearance of evidence of the aforesaid offence and were thus charged under sections 302/34 and 201/34 of the Pe..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... was served upon the preemptor regarding the sale in question and that later after coming to know of the transfer he instituted the case within four months of the date of his knowledge and adduced evidence in support of his contention. The trial Court after considering the materials and evidence..Category: Property Law | Date: | Hits: 38
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