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Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....shy;For State-Respondent. Criminal Appeal No.3850 of 2003. Judgment AK Badrul Huq J.- Seldom Court has come across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on ......vil influence of P.W.1 HR Khan who assured co-convict Md. Belal of saving him from legal punishment in the event of his connecting convict-appellant in the murderous assault upon deceased Nilufar. So-called Second Judicial confessional statement could not be and cannot be used at all against convict......tive, independent and impartial analysis or assessment of materials before recording a finding of guilt upon convict-appellant. Withholding of material and relevant witnesses have been unjustifiably glossed over despite the fact that production of those material witnesses would have really helped to..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....………………………Petitioners Vs. Chairman, First Court of Settlement and others…………………………Respondents Judgment May 25, 2005. Result: The Rule is made absolute. Cases Referred to- Secretary, Ministry of Works and others Vs. Kazi Ashrafuddin Ahmed,......is perspective, our attention has been drawn to Annexure-H and H(1) annexed to the supplementary affidavit dated 9-1-2005. From a bare reading of those two Annexures, it seems that the Government called upon the 'occupants' or 'residents' of the case property to make over possession of the same ......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
.... Ramjoy Mohajan Lane, Khatungonj, Chittagong and another…………………Opposite Parties Judgment May 21, 2008. Result: The Rule is made absolute Cases Referred to- "Daiquiri Rum" Trade Mark case, 1969 R.P.C. Vol. 20, 6...... the impugned registration that is in law now liable to be expunged. 9. Heard the learned Advocates, perused the Application and the various Affidavit on behalf of the parties and the records as called for from the Office of the Registrar. 10. At the very outset of considering this case, t......mongst traders and buyers about the true origin of the goods in question. The business fallout has been that the Petitioner has been suffering in terms of decreasing turnover of its products and also loss of its goodwill and business reputation. In this context it is submitted that of prime concern ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
....e (District and Sessions Judge), Comilla in Special Case No.118 of 2001 convicting the accused appellant under section 471 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment f......hs more. 9. Being aggrieved by the impugned judgment and order passed by the teamed Special Judge on 2‑11‑2002 the convict person preferred this appeal before this court. 10. Now we are called upon to consider whether the judgment and order of conviction and sentence dated 2‑11‑200......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result: The Rule is made absolute. When accused persons are "daredevils of the locality" The legal position......d by and dissatisfied with the judgment and order of the appellate Court the informant as petitioner preferred this revisional application before this court and obtained the Rule. 11. Now we are called upon to consider whether the learned Additional Sessions Judge, Kushtia is justified in passi......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... Vs. Rajdhani Unnayan Kartripakkha and another……………………..Respondent Judgment May 9, 2005. Result: The Rule is made absolute. Case Referred to- Authorised Officer, DIT Dacca Vs. Mr. AW Mallik and others, 20 D...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......omplex to the Authorized Officer No.2 of Rajuk in the prescribed form on 12‑9-01. It was also stated in the application that because of inaction of the respondent they are incurring huge, financial loss. The said Minister never responded to the letter dated 24‑12‑01 nor did he take action upon..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....al of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant lodged a First Information Report with Gopalganj Police Station implicating the accused appellant alleging that his son Chinmoy Roy Karmaker, aged about 14 years, was a student of Class IX of local SM Model Governmen......bout 14 years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and ......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71...Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
.... Vs. Md. Abdur Razzaque………………………..............Opposite Party Judgment May 4, 2005. Result: The Rule is made absolute. Under section 115(1) of the Code of Civil Procedure, the High Court Division, in exerci......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......rent and he is not a defaulter according to the observation made in Civil Revision No.2164 of 1990 and he did not violate any term and condition of the lease agreement and is fusfering huge financial loss, as the plaintiffs did not make any renovation of the premises. 5. The trial Court dismiss..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....nst the judgment and order dated 23-2-1993 passed by the High Court Division in Writ petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos. 1 to 3, daughters and son of late Md Akhtar and late Most Badrunnessa, filed Settlement Case No. 450 of 1987 challenging t......the Court of Settlement did not consider at all any documents including the said letter of acknowledgement of payment of lease money. 8. We have considered the submissions made at the Bar. We called for the original records of the Court of Settlement for our perusal. It appears that except m......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ty, similarly in 1984 by violating the provisions laid down in clause 29, 49 and 53 of the circular of the investment 1984, invested TK. 7,43,03,882/- with the 29 trading companies. The accused persons gave an opportunity to 31 business concerns to release their goods which were kept in the bank......quitted the accused respondents from the charge. It has been held in the case of Nagandra Chandra Sarker Vs. Aftab Uddin reported in 15 BLD (AD) 133 that interference with an order of acquittal is called for only when the evidence against the accused is unimpeachable and it's finding of facts of......29 trading companies. The accused persons gave an opportunity to 31 business concerns to release their goods which were kept in the bank's godown under "Morbaha" system by which the bank incurred a loss of TK. 3,11,34,668/-. It was further alleged that the accused issued an order of delivery of ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Montu and others Vs. State, 2005, 34 CLC (HCD)
....ng toTangail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonm......rieved by the judgment and order dated 3‑8‑2004 passed by the learned Sessions Judge, the petitioners preferred this Criminal Revision before this court and obtained the Rule. 10. Now we are called upon to consider whether the learned Sessions Judge, Tangail is justified in passing the impu......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....la No.13 of 2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment......aying any heed to her he began to defer the matter. Finding no other alternative she brought the matter to the knowledge of her mother who without delay apprised her father of the matter. Her parents called the jail appellant to their house and asked him to marry her but he refused whereupon a Salis......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
.... all previous bills. The petitioner raised objection in writing on 22‑5‑2001 to respondent No.3, requesting him to enquire into the matter and for rectification of bills and a copy of which was also served on other respondents. Though the respondents received the copy on 22‑5-2001, they t......the fresh bills. The respondents are also directed to give opportunity of being heard to the petitioners during the enquiry. The order of stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case i......uently extended. 10. Thee petitioner also filed a supplementary affidavit stating that the corrupt officials of BTTB were involved in the matter in question. About the fictitious calls causing a loss of Taka 2,50,00,000, the authority made an enquiry which revealed that some officials of BTTB w..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
.... the High Court Division was wrong in holding that a civil dispute has been turned into a criminal one the proceeding was instigated by Messrs Tipu Acrylic Industries Limited to harass the accused persons, that before the investigation is completed the proceeding ought not to have been quashed and ......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ......ecifications and most of them were defective/out of order. As a result the project in question was not implemented by the supplier on Turn-key basis and consequently Tipu Acrylic Industries suffered loss on account of cheating and conspiracy of the accused petitioners. 4. As a result, the Motij..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....he High Court Division deposit of Taka 2000 as security is mandatory. The petitioner deposited the amount through lawyer in due time. Such deposit in the manner is lawful. Deposit of the amount personally by the petitioner himself is directory and not mandatory. Cases Refer......error is liable to be set aside. 6. In order to appreciate the submissions let us quote the relevant portion of Order 49 which runs as follows: "(49) (1) No election shall be called in question except by an election petition presented by a candidate for that election in acco......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
....Al‑Jehad Trust Vs. Federation of Pakistan PLD 1996 SC 324; S Israr Hossain Vs. Crown, 1954 PLD (FC) 313 = 7 DLR (FC) 19; Attorney General of Pakistan Vs. Abdul Hamid, 15 DLR (SC) 96; Sir Edward Snelson Vs. Judges, HC Lahore, 16 DLR (SC) 535; Saleem Ullah Vs. State, 44 DLR (AD) 309; Secretary, Mini......statute, or by implication of a statute that is, by having statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive evidence of that which is recorded therein."
The Corpus Jur...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
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Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examined as prosecution w...... submitted the application to include the names of two persons in the column of charge-sheeted witnesses upon misconception of law that unless name appears in the charge-sheet as witness he cannot be called as witness. Be that as it may, question of further investigation of the case for including na......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ormed that their wages and allowances would not be paid on that day. As a result the workers become agitated and started procession within the mills area. Later, SM Golam Rahman (respondent No.2) and some other workers and leaders brought the situation under control and the workers on receipt of the...... simple termination of service under section 19(1) of the said Act with all monetary benefits as admissible thereunder Therefore, termination orders were not connected with any of their alleged or so-called Trade Union activities and that the termination Borders were legal and valid. Hence, the case......xure-X(l) was submitted and on 29-3-2000 the termination letters were issued. Before receiving the report of the Enquiry Committee formed by the Management of the petitioner on 22-3-2000, we are at a loss to understand what prompted to Management to issue the orders of termination on 28-3-2000. Thou..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
...............................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: The Rule is made absolute. Lawyers Involved: Fouzia Karim, Advocate- For the Petitioner No one appears- ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......h registered post for payment of his pension and 80% of the gratuity as per provision of law but without response and for such inaction on the part of the respondents the writ petitioner has suffered loss and injury both financially and socially. The Executive Engineer, Dhaka Division 2, National Ho..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
....
Ed.
This Case is also Reported in: V ADC (2008) 271.
......nts the Assistant Registrar, Joint Stock Companies, Chittagong sought explanation from the appellant No.2 but the appellant No.2 failed to give any satisfactory explanation; the resolutions of the so-called extraordinary general meeting of the company held on 18-1-96 was filed as late as on 9-9-99 a......tion to body corporate "affairs of the company" which means (i) the promotion, formation, membership, control, business, trading, transaction, property, liabilities, profits and the income, receipts, losses, outgoing and expenditure (ii) the internal management and proceedings; and the power of pers..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
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