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State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......esponsibility must lie with the prosecution. But that does not also mean that an accused can never be tried for a second time by an appropriate Court. The better view is that when it is found after a full trial that there was a mistrial or trial without jurisdiction, the Court of appeal before direc......f it does not possess the attributes of murder which is not possible in respect of an offence under section 11(ক) of the Ain. 21. Sections 221 to 224 of the Code of Criminal Procedure which envisage what a charge must contain. A charge must set out the offence in which the accused is charged. S..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
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: ......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: ......amination under section 342 of the Code of Criminal Procedure, although his attention was drawn to the confessional statement, has stated that confessional statement was obtained by the law enforcing agency by threat, coercion and torture. PW 16, the Magistrate who recorded the confessional statemen..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....ক্ত বাক্তি মৃত্যুদন্ডে দন্ডিত হইবেন. 16. English version of the said section 6(2) is that if any person causes death of any child or woman on commission of rape or causes the death of any child or Woman after the Commission of rape t...... Fourthly ‑ With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly ‑ With or without her consent, when she is under fourteen years of age...... December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All England Reports 458 at page 459; Davis Vs. Davis; Gower Vs. Gower. Lawyers Involved: Md. Helaluddin Molla, Deputy ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......uot;There must be due inquiry. The accused person must have notice of what he is accused. He must have an opportunity of being heard and the decision must be honestly arrived at if he has had a full opportunity of being heard. With respect to the charge made, the charge of which he had notic......rt Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Lab..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... a Requisition and Acquisition proceeding. 28. Plaintiff Bank put forward claim that D.I.T. in Land Acquisition Case No.3 of 1963-64 acquired 14.2118 acres equivalent to 43 Bighas of Property from full of C.S. Plot Nos.253, 254, 255, 256, 258, 259, 260 and part of C.S. Plot No.235 under sheet No.......s early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
....ss order for arrest of even a women in execution of a decree for payment of money in spite of the provisions of section 56 CPC which bars issuing order of arrest or detention in the civil prison of a woman in execution of a decree for payment of money and accordingly, since under the above section 6......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
......nt No.2 blank for a loan of Taka 50,00,000 and he, having deposited the margin amount of Taka 15,00,000 was granted in his favour and as security of the above loan, the petitioner made equitable mortgage of his properties and though he made substantial payment the respondent No.2 filed Title Suit No..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ...... by the Customs Authority within 7 days from the date of receipt of the certified copy of the order of the High Court Division. The High Court Division in fact by the ad interim order has granted the full relief prayed for in the writ petition. The practice of granting full relief by granting ad int...... imported goods steps were taken by the writ petitioner for clearance thereof, but the Customs authority did not release the goods and at one time informed the writ petitioner clearing and forwarding agent that as the writ petitioner did not pay earlier revenue that goods concerned will not be relea..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... place of occurrence room just after the occurrence on his arrival has made the entire prosecution case suspicious for absence of it. The evidence of a prosecutrix in a rape case customarily, being a woman of full age, is not accepted as sufficient, but requires corroboration by independent evidence...... occurrence room just after the occurrence on his arrival has made the entire prosecution case suspicious for absence of it. The evidence of a prosecutrix in a rape case customarily, being a woman of full age, is not accepted as sufficient, but requires corroboration by independent evidence in order......1996, admitted that he did not arrive at a conclusion as to whether the victim was raped as alleged, as she was pregnant for seven months. In cross, he admitted that the fetus in the womb may be damaged due to forceful rape. PW 8, a lawyer, claimed to have drafted the first information report of t..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......it petition was duly communicated to the contemners both on 26.8.2001 and 28.8.2001 through lawyers certificate and by furnishing copies of the order respectively. Therefore, the contemners were fully conversant with this Court's order dated 14.8.2001 but inspite of such knowledge the conte......ct from 23.8.2001 from the northern portion of Block ‘J’ and admittedly the plot in question of the petitioner is situated in the northern portion of Block ‘J’. At this stage the learned Advocate for the contemners also raised a question of law as to the maintainabi..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ene and others...................Respondents Judgment April 30, 2003. Result: The petitions are dismissed. The Constitution of Bangladesh, 1972, Article 28 The matter of fixing the age of retirement of the Stewards and Stewardesses being gender‑based the same has rightly been he..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......by quick disposal of the case, there is cogent reason for the trial Court to proceed under section 339B(2) of the Code of Criminal Procedure, since the examination of the witnesses were done with the full knowledge of the respondents and not behind them but the convict respondents did not appear bef...... of Criminal Procedure. The High Court Division also found that such unusual haste in framing charge and examination of witnesses within few days had given latitude to the prosecution at the disadvantage of the accused persons. The High Court Division further observed that as an application under, s..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ...... Inspector General of Prisons to enquire into the matter and submit a report to this Court directing him further to include in the report the information of the children in jail with their respective ages and their accommodation and health condition along with details of cases pending against them m..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
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. ......acts stated in the petition under section 233 of the Companies Act 1994 was that the Petitioner Company Nahar Shipping Lines Limited was incorporated as a Public Limited Company in July 1979. 5000 fully paid up shares were issued at the time of incorporation, out of which 500 shares were issued ......sal of Ashraf Ahmed as the executive director, no further information about the company was provided to the petitioners of the company matter; were not allowed to participate in the affairs and management of the company, no dividends or profits were paid to them. In that situation filed an appli..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ath or imprisonment for life" but even then proviso to sub‑section (1) of section 497 makes an exception that bail in the later case could be allowed on the ground of tenderness of age, womanhood, sickness or infirmity. 11. Thus under section 497 of the Code of Criminal Proced......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. ......t about 4‑30 to 5‑00 AM her house was raided by some miscreants and the inmates of the house took shelter in the room of late Abdur Rob Sarniabat closing the doors and windows. At one stage, this, appellant along with others forcibly broke open the doors and some of them other than th..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
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. ......eeting held on 29‑3‑1995 a high‑power three member Enquiry Committee was constituted to inquire about the allegations brought against him and others of the Board. The Committee held full inquiry in presence of the writ petitioner giving him every chance to explain his position and ......cause notice with reasonable opportunity for defence, the same has been grossly violated before taking penal action against the petitioner. This violation, according to us, amounts to a total miscarriage of justice. 6. Admittedly, the writ petitioner was initially served with an order o..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....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: ...... the Companies Act 1913 as a private company limited by shares, the authorised capital of the company is Taka 20,00,000 divided into 20,000 shares of Taka 100 each. Its subscribed capital consists of fully paid up 600 shares of Taka 100 each. 3. The company when floated in the year 1978 had 5 sh......vour of defendant Nos. 3 and 5. 16. PW 1 stated that before a sitting on 16‑11‑1986 the Managing Director Tofayel Ahmed informed that the company was going through financial crisis and the management is badly in need of money and requested PW 1 to pay him some money and on his reply that he ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......5-2000 to the plaintiff informing that under instruction of the Ministry it agreed to pay compensation of US$ 614,855.25 and further US$ 1000,000 for loss of goodwill, in total US$ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, t......others for a decree of US$ 436,578.58 equivalent to Taka 24,011,821.90 as compensation with interest at Taka 3,814,265.39 for the period from 14-5-2000 to 30-4-2001 and also for further decree for damages of US$ 1,000,000 equivalent to Taka 55,000,000 against trading loss, US$ 2,000,000 equivalent t..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
.... value. Although PW 1 the medical doctor found no evidence of rape this may be due to the fact that the medical examination was done long 21 days after the occurrence and the victim, an adult married woman, is unlikely to bear any trace of rape after such a long period. 22. The act of rape, as cl......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. ...... Quddus where he introduced himself as the husband of the victim and rented Room No. 110. At about 12.00 mid-night he raped the victim against her will; the victim raised hue and cry and the hotel manager and hotel boy Abdur Razzak and Md. Ali Bhutto rushed to the room and heard and saw the matter. ..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. ......ously excluded the compliance with the provisions of sections 87 of the 88” of the Code in respect of trial of accused persons under the Special Powers Act, 1974 for more speedy trial. We respectfully differ with the decision of the case of Shamsul Alam Vs. State reported in 6 MLR 297 and are o......rosecution case, in brief, is that one Md. Abdul Aziz lodged an ejahar with the Lohagara Police Station of Chittagong on 5‑1‑1995 at 14.35 hours alleging, inter alia, his daughter, Hasina Begum, aged 18 years being a Secondary School Certificate (SSC) Examine was taking preparation for the SSC..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....her LTI. In cross-examination P.W. 1 stated that her son went to see pulse at 10-00. AM. Shepherd of the buffaloes brought men from home and assaulted her son. She admitted herself as a short-sighted woman and that she lodged the ejahar on hearing names from other persons. She further stated that in......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 ......ling on left lateral surface of chest wall. 4. Multiple abrasion marks on chest and abdomen in different size. 5. Echymosis on left maxilang & temporal region: Sub conjunctional haemorrhage on left eye. P.W. 6 stated that in his opinion death was due to shock and haemorrhage cause..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
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