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State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......ccused- Ashraf Ali which was not corroborated by any other legal evidence. 60. We have already found exhibit-5, the confessional statement of accused-Ashraf Ali is not true and voluntarily and not free from doubt and thus the questionable extrajudicial confession of Ashraf Ali can not be said a c.......04.2003 and he along with his companion forces reached to the place of occurrence at about 3.50 hours and found the dead body of Majedur Rahman Mridha alias Maju beside the rail line, 500 yards away from Madhnagar rail station. Matenur Rahman, younger brother of Majedur Rahman Mridha alias Maju, id...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......e struck down by the Supreme Court of Pakistan finding the said Section 16 of the Criminal Law Amendment Act 1908 ultra vires the Constitution being inconsistent with the fundamental right Article 7, freedom of association. But all the five learned judges expressed their opinion on the principle of ......n by birth having been born at Dhaka on the 22nd November, 1922; that his father late Moulana Ghulam Kabir was born in village Birgram, Police Station Nabinagar, District Comilla now Brahmanbaria and from generations they are permanent residents in the territories now comprised in Bangladesh; that t....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... by the review respondent Nos. 2 and 3 is also disposed of with direction upon the Review petitioners and the Review Respondent No. 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. ......period between 26th March, 1971 and the commencement of the Constitution, and all powers exercised and things done during the said period under the authority derived or purported to have been derived from the Proclamation of Independence, and therefore, the insertion of paragraph 3A in the Fourth Sc...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......es of superior Courts. The selection of a person to the high office of the Chief Justice of Bangladesh is a pivotal appointment for maintaining the independence of the judiciary and for providing a free and unobstructed access to impartial and independent Courts/Tribunals to the ordinary citizens.......desh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judiciary from other organs of the State. They are concerned about the deviations made by the government on fo......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ...... No.1 contested the petition stating that the original owners of the disputed property surrendered the same as excess land under P.O. 98 of 1972 and accordingly, the property vested in the government free from all encumbrances and thus, the vendor of the writ petitioners had no saleable interest in ...... contested the petition stating that the original owners of the disputed property surrendered the same as excess land under P.O. 98 of 1972 and accordingly, the property vested in the government free from all encumbrances and thus, the vendor of the writ petitioners had no saleable interest in the d......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... by Mr. Haque. While expressing no doubt as to the deceased’s identity in this case, Mr. Haque counterposes that all four confessing accused persons possibly killed Kazol as well but have gone scot-free by ingeniously implicating Kazol in this case. Mr. Haque submits that the Tribunal’s judgment......y lodging the F.I.R. on 30.4.2004 stated having seen the Condemned Prisoner Kazol, along with the other F.I.R.-named accused Manik, Shibu Sen, Krishna Dutta and Sumon accompanying the deceased Taposh from home towards a nearby shrine. The accused persons having so taken the deceased to Malkhanagar, ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......th Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the borrower”), Proprietor, Marshal Ho......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......d that no memorandum under section 364 CrPC has been prepared in the case while recording confession, to show that the Magistrate after explaining the matter ensured that the confession is absolutely free from slightest tinge or extraneous influence. In the case of Zaheda Begum and another Vs. State...... 13 witnesses including the formal witnesses to prove its case. The defence pleaded innocence and false implication in the case. The defence version of the case is that the police obtained confession from the condemned prisoners by merciless beating and torture. It was also the case of the defence t......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......at after meeting the expenses of management and payment to the beneficiaries the trustees will create a Reserve fund with surplus money as per Article 17 of the trust deed. The trust property was not free from encumbrance and the trustees were directed to make monthly payment of Tk. 12,500.00 from t......s and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and from house property. The essessee company submitted return of its income showing T......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......nd. So notice was issued for his eviction and that the land having been vested in Govt. in pursuance of wholesale acquisition of tenancy, vested in the Government and the Government acquired the same free from all encumbrances. 4. The learned trial Court upon hearing the parties and perusing the ...... originally belonged to Baraura Tea Company Ltd. within Rashidpur Tea Estate. The plaintiff No.1 took lease for the year 1360 BS on annual rental thereof. Plaintiffs assert that after taking Amaldari from the Manager of the said Tea Company and clearing the jungles, plaintiff No.1 was possessing the...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......en of any door or doing of any act of similar nature for putting the decree‑holder in possession of any building or enclosure when the person in possession being bound by the decree does not afford free access. The words‑where the person in possession bound by the decree does not afford free acc......intelligible a short statement of facts is necessary. 2. The opposite parties obtained a decree for eviction of their monthly tenant M/s. Jamil Auto Centre and its proprietor, Mustafa Jamil Ahmed, from a holding at Sir Syed Road, Mohammadpur, Dhaka When the decree was in execution the writ for de...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......in‑opposition to the main petition stating that if the petitioner wanted to apply for Readership in the University of Nigeria or wanted to seek employment elsewhere according to own choice, he was free to resign from the Bangladesh University of Engineering and Technology; but as he wanted to kee...... dated 7.7.91 (Annexure A) was stayed till 31 July, 1991 and thereafter extended till 13.8.91 which order stands vacated today.
2. The case of the petitioner is, that he passed the SSC Examination from the Dhaka Board in the First Division in 1968 from the Mymensingh Cadet College obtaining 73.7%......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....travelling in alien territory and re‑entering his own country is vital human liberty, whether such travelling is for the purpose of recreation, education, trade or employment or to escape from arty environment in which his other liberties are suppressed or threatened. 28. It is a basic constitu......ht to travel abroad and to re‑enter Bangladesh. It runs as follows: "36. Subject to any reasonable restrictions, imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re‑enter ...... have been stated in the petition, in short, are as follows: 3. At the relevant time the petitioner was a Member of the Parliament of Bangladesh. After obtaining his BA (Hon’s) Degree in History from Dhaka University, he engaged himself in the research work for Ph.D. Degree under Dr. Joyanta Ku......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......any warning dashed MV Zahirabad and caused heavy damage to its body. Having caused the aforesaid damage to the vessel MV Zahirabad by reckless and negligent movement the delinquent vessel MV Hios got free with the assistance of Chittagong Port Trust vessel Kandari No.2 and left the place of occurren......is also alleged that the defendant No.3 had given an undertaking on behalf of the defendant Nos.1 and 2 in order to settle the dispute and on that undertaking clearance was given to MV Hios to go out from the territorial water of Bangladesh. Ultimately the defendant No.3 had retracted from its under......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....e inhabitants of the area and the corporation is under legal obligations to evict such unauthorised occupants from the part and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation." And considering the above this Court held that:......s of the area and the corporation is under legal obligations to evict such unauthorised occupants from the part and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation." And considering the above this Court held that: "We have......within the lease deed and as such the High Court Division committed gross illegalities in directing for the amenities of the original lay out plan and was not justified in restraining the petitioners from implementing the lay out plan as evidence in Annexure-G of the writ petition. The learned Attor......rea and the corporation is under legal obligations to evict such unauthorised occupants from the part and other facilities meant for public convenience and for maintaining the environment free from pollution and degradation." And considering the above this Court held that: "We have seen that..Category: Property Law | Date: | Hits: 92
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......with lathi. This is the starting point of the whole episode. Prosecution has not brought on record the material facts that culminated in the onslaught. Therefore, it cannot but be said that there was free fight between the parties, may be the accused party is disproportionately stronger than the inf...... of 1989 submitted by the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, P.W.11 Somed came out from his house with a view to going to the field and while he was on the District Board Road, accuse......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ...... Director of US Operation Mission and the Ministry of Finance of the then Government of Pakistan and it has been financed by charity, gifts, donations of other countries and the services rendered are free and no charge is made for medicine and food and it is a non‑profit making charitable organisa......suspended and the Labour Court came to the conclusion that the order of suspension has become ineffective after the 60 days of the impugned order and accordingly found his entitlement to full wages from the date the order ceased to have effect (Annexure‑H). This order is under challenge. 6. I......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......th lathi. This is the starting point of the whole episode. Prosecution has not brought on record the material facts that culminated in the onslaught. Therefore, it cannot but be said that there was a free fight between the parties, may be the accused party is disproportionately stronger than the inf......f 1989, submitted by the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is, that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, PW 11 Somed came out from his house with a view to going to the field and while he was on the District Board Road, accuse...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
....nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
......wner and charterer, acquires authority to sign bill of lading on behalf of the latter, he nevertheless remains in all other respects the servant of the owner, and as a rule Such an agreement does not free the, owner from liability to a third party on bills of lading signed by the master.
A voyage......ner of the said vessel MV Regent Ranger. Both the cases were under Order 38, rule 8 of the Code of Civil Procedure for releasing the bank guarantee furnished in the case for releasing the said vessel from the order of conditional attachment passed by the Court on 6.7.81 in Money Suit NG. 152 of 1981......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......las valued at around Tk. 5,23,190.00. The alleged offence is undoubtedly a serious offence affecting the pecuniary interest of the country and its people. So, the accused cannot be allowed to go scot free merely because of a technical fault or mistake of the Judge concerned. Of course, the sentence ...... be punished only by the Customs authority by imposing penalty and tried, convicted and sentenced to imprisonment or whipping only by a Magistrate, the entire trial of the accused appellant beginning from taking of cognizance upto the passing of the order of conviction and sentence was vitiated for ......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
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