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Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....was recording the statement of the witness under section 161 of the Code of Criminal Procedure. 13. It may be pointed out the settled principle of law is that the statement made by a particular witness and recorded by the Investigating Officer under section 161 of the C......tion 162 Cr.P.C. to contradict a witness in the manners provided by section 145 of the Evidence Act. When a witness is so contradicted by a statement recorded by the police office in the course of investigation, the only effect that it can have is to reduce the evidentiary value of his testimony..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....rs, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For the Appellant Ex parte—the Respondents. Civil Appeal No. 142 of 2002. (From the judgment an......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
.... their official duties and, as such, we do not find any force in the submission of the learned Advocate as to applicability of section 197 of the Code regarding the two petitioners. 22. Before we part with, we like to observe that the two petitioners being members of the Police Establishment, th...... 447/148/149/323/302 of the Penal Code. In the meantime, an inquiry took place by the Upazila Nirbahi Officer on the allegation of firing made by the police personnel. Be that as it may, police after investigation submitted charge-sheet No. 48 dated 4-6-1994 under section 302 and other sections of t..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....r section 4 the District Magistrate is made the licensing authority but under the proviso to the said section the Provincial Government can by notification constitute for the whole or any part of a Province such other authority as it may specify in the notification to be the licensing ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... her removal from service without notice to show cause was without jurisdiction. 11. It is also undisputed that in Ramna PS Case No. 44 dated 20-11-1994 police on completion of investigation submitted final report against the appellant and the same was duly accepted by the le..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....men." 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels sh...... the subject‑matter of a law in substance is something which is beyond the Legislature's power to legislate upon, its outward form cannot save it from the mischief of judicial review. In such cases investigation may be held to find out whether what has been made is in fact within the power of the ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....h as a Company cannot hypothecate/mortgage/use as security its own shares. 5. The learned Judge of the High Court Division upon a consideration of the various points of law as raised by the parties decided in favour of the respondent Bank and accordingly allowed its application by the imp......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....s and is still pending for final disposal before the executing Court.’’ ‘‘The mesne profits suit was also delayed till 1984, when the same was decreed ex parte, but subsequently on the prayer of the defendants the suit was restored to its original file......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....td. ........................Appellant. Vs. Registrar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....e-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For respondent Nos. 1‑3 in CA No. 7 of 1992. Ex parte ‑ Respondent Nos. 1-4 in CA No. 56/90. Ex parte ‑ Respondent No. 4 in CA N......d Control Cell which in its turn sent a photocopy of the same to the former DIT directing it to take appropriate steps regarding the allegation; but the office of the former DIT without making any investigation informed the said Cell on 3.11.82 that the plot was allotted on the basis of an affid..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....wo were sentenced to imprisonment for life. The Reference (No. 1 of 1986) was rejected by the High Court Division at Rangpur Session, but the appeal (Criminal Appeal No. 46 of 1986) was allowed in part; condemned accused Mantu was acquitted altogether; conviction of Kabul was altered to that und......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....t Swapan Kumar was not the benamder of the pre‑emptee in respect of the earlier kabala and held that the deed of release was out and out a sale deed and as such there was no impediment on the part of the pre‑emptor in getting pre‑emption. The High Court Division found ex facie f...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....aring for the appellant, has tried to show us that Government Servants (Discipline and Appeal) Rules, 1985, briefly "Govt. Rules", are applicable to the appellant's case but those Rules, particularly Rule 7(9) were not followed. Mr. Khalilur Rahman, learned Counsel for the respondents&......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....bordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 @ 15% against the defendants, but the trial Court, by judgment and decree dated 19.9.84, partially decreed the suit for TK 15,39,300.00 against defendant Nos. 1-3, the present appellants i......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
........Plaintiff-Appellants Vs. Abdul Bari & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in su......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....id dues the appellants cannot obtain a decree for specific performance of contract. By filing an additional written statement defendant No. 2 stated that the suit property having been sold to a third party in the said certificate case and the appellants having paid no heed to the earlier written sta......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....t on the ground that the Court had no jurisdiction since the defendant does not reside or carry on business within the jurisdiction of this Court and it is ex facie evident from the plaint that no part of the cause of action arose within the jurisdiction of this Court. 4. In his written o......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
....omments as to the failure of the appellant to release the detenu fully and in time could have been made with a little more understanding and with less punch. There has no doubt been some lapse on the part of the appellant in that the detenu was never allowed to cross the jail gate and the fresh dete......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....suddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take forcible possession of the land and that in a free‑fight that fol......oting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution is that the land ..Category: Criminal Law | Date: | Hits: 59
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....s of land of plot No. 3058 appertaining to RS khatian No. 4972 corresponding to SA khatian No. 2994 of JL No. 50 belonging to mouza Bawa Alokanda (of which the suit premises in the other suit is a part) belonged to Rajendra Lal Karmaker who died leaving 3 sons, namely, Dilip Kumar, Hirendra Nath......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
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