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State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....bul Kalam Azad who was still absconding. It appears that at one stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument was partly heard there, there was no necessity of adducing fresh evidence in the case and accordingly, ......nd out the blood-smeared dead body of Nuruddin on search and informed others. 4. The OC Hajiganj PS himself lodged an FIR on the same day narrating the aforesaid facts and police upon investigation submitted charge-sheet on 22-9-1982 against the respondents under section 302 of the ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a part of the over-all scheme, objectives and purposes of the Constitution. And its interpretation is ......sed wide attention for being allegedly anti-environment and anti-people project. The appellant stated in the writ petition that as an environmentally concerned and active organisation, BELA conducted investigations at various times in 1992-93 in the FAP-20 areas. The appellant alleged that no proper..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....provision or under necessary implication under any law or rules, initiation of a second proceeding when the first one ended on a mere technicality owing to efflux of time, without any fault on the part of the punishing authority, is fully maintainable. ……….(19) Lawyers......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....issuance of certificate under section 4 of the Act itself shall be conclusive proof that the amount specified therein is due to the Bank and further determination is excluded under law. 7. Apart from the legal aspect as indicated above, we find that after the Manager of Bangladesh Krishi......ed under section 4 of the said Act it shall be conclusive proof that the amount specified therein is due to the Bank. Thus according to the provision of Sub-article 3 of Article 21 of the Order no investigation, determination or ascertainment of the amount due is to be investigated. Further, Sub..Category: Business or Commercial Law | Date: | Hits: 150
....t Division correctly held:
Since there is no requirement of law to record reasons for taking cognizance we find no illegality in those orders on that court. Learned Advocates for the accused 1st party could not show any decision that reasons are to be recorded for taking cognizance but persiste......ction 25 of the Ordinance. The simple reason is that the ‘report’ as in the Cr.P.C or Special Powers Act as aforesaid is not any other report but made by a Police officer. The Police officer upon investigation of a case submits report under section 173 Cr.P.C. It is not the same thing as in sect..
Category: Business or Commercial Law | Date: | Hits: 163
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
....and observed that the charge-sheet was accepted including sections 326 and 307 of the Penal Code. At the end of the order, however, the learned Magistrate in consideration of the submission of the parties, directed that there should be further investigation in the case by an officer superior to ......nbsp; ATM Afzal CJ.- Following an FIR filed by respondent No. 2 with Sreepur Police Station, Police upon completion of investigation submitted charge-sheet against the accused-petitioner 10-10-96 under sections 147/447..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... long order that the decision of the Inter-Ministerial meeting held on 17-11-79 had never been executed at all through any circular or Government order nor the National Board of Revenue which was a party to the said meeting issued any circular or Notification against standing circular No.9 II of...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......n their favour showing their father Taher Ali as executant and that on query Taher Ali denied to have executed any deed of gift in favour of his sons, GR Case No. 213 of 1987 was started and after investigation police submitted charge-sheet against the accused under section 467/468/471/109 of th..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....thorities and to supply them all necessary papers for the purpose of getting lease of the land. Accordingly all necessary information were supplied and papers shown to the Officer of the Railway Department in the locality. The Divisional Estate Officer informed the Chief Estate Officer of the Ba......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....Ali, Advocate-on-Record-For the Appellants. Abdul Quayam, Advocate, (appeared with the leave of the Court) instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Respondents. Ex-parte—For the Respondent Nos. 2, 4-7. Not represented—For the Respondent Nos. 8-42. Civi...... High Court Division was far from justified in upholding the order of amendment. The appeal is, accordingly, allowed with cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 148. ..Category: Procedural Law | Date: | Hits: 149
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....injustices are perpetrated or are about to be perpetrated, where denial of interim relief will lead to public mischief, grave irretrievable private injury or shake a citizen’s faith in the impartiality of public administration. But short of these paramount considerations, interim order sho......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....fence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by th...... on his head and PW 14 fell down unconscious on the ground. Kadem Ali succumbed to his injuries on the spot. PW 1 lodged the First Informant Report at 11-30 AM on the same day and the Police after investigation submitted charge-sheet against 18 accused persons. The prosecution examined 19 witnes..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....uding the appellant forming an unlawful assembly entered into the paddy field armed with dangerous weapons. Accused Hafizur Rahman had a gun in his hand who passed an order to finish the informant party. At once accused-appellant Altaf with an axe in his hand dealt a blow on the left armpit of H......th the police at 6-15 PM, Police made inquest on the dead body of deceased Hyder Ali, sent the same to the morgue for post-mortem examination, seized alamats from the place of occurrence and after investigation submitted charge-sheet against the aforesaid accused persons (since acquitted except ..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... High Court Division in Criminal Miscellaneous Case No. 464 of 1994 ) Judgment Mustafa Kamal J.- This petition for leave to appeal by the petitioner is from the making the rule absolute in part in relation to two forfeited books and discharging the Rule in part in relation to six forfeite......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..Category: Others | Date: | Hits: 122
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....etitioners have explained the delay satisfactorily we condone the delay. 2. Respondent Nos. 1 and 2 brought the suit for ejectment of the petitioner, a tenant of a shop room forming a part of a three-storied commercial building at Islampur Road, Dhaka on the ground of default in p......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....wo foreigner-appellants pleaded guilty to the charge but the appellant Airport Manager pleaded not guilty. His defence was, first, one of denial and further that whatever he did on the occasion was part of his ordinary official duty and that sometime he had to receive and help incoming passengers......on was extracted from him by coercion and torture. The High Court Division, on appeal, left the accused Airport Manager’s confessional statement out of consideration. 6. After investigation police submitted charge-sheet, besides the present appellants, against the then Chair..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....is appeal by the plaintiff-appellant by leave is from the judgment and decree of a Division Bench of the High Court Division passed in First Appeal No. 126 of 1995 on 2-12-96 allowing the appeal in part and modifying the decree of the trial Court. First Court of Subordinate Judge, Khulna passed i......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....appellate Court held that the under section 96 of the State Acquisition Tenancy Act was not maintainable as the land under pre-emption was non-agricultural land and pre-emptor was the owner of part of same plot No-991 under khatian No.179 as she purchased land from plot No. 991 with referen......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....t Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the plaintiffs), the plaintiff not having exc...... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ..Category: Property Law | Date: | Hits: 93
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....arrange his investiture under Regulation 48 of the said Regulations. 2. It was the case of the writ petitioner (appellant herein), Aung Shwe Prue Chowdhury that Bandarban Hill Tracts District and part of Rangarnati Hill Tracts District are inhabited by the tribal people of Bohmong circle who hav......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
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