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Abu Taleb Vs. State, 2007, 36 CLC (AD)

....d Mohakhali bus terminal with the bus and the passengers and that there being insistence of the petitioner and his companions in the demand the aforesaid driver along with the staff of the bus and some others apprehended two of them while the third one escaped and that the petitioner Abu Taleb w...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......et was submitted on 27-1-1996 against the petitioner under section 385 of the Penal Code. The petitioner was allowed bail by the learned Chief Metropolitan Magistrate, Dhaka on 5-7-1995 but during trial he was absconding. 3. Be that as it may, the case was sent to the Metropolitan Special......by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondent Criminal Petition for Leave to Appeal No.76 of 2005. (From the judgment and order dated 12-2-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 386 ..

Category: Criminal Law | Date: | Hits: 47

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....sistant Judge, Naogaon in Small Cause Courts Case No. 1 of 1992 decreeing the same. 2. Facts averring which the suit was filed are, that premises in suit belonged to plaintiffs' predecessor Mir Baksha Miah and the said premises was let out to the defendants on November 14, 1960 on mon......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......maintainable since the relief sought by the plaintiff Nos. 1-8 in the suit is distinct and different from that of the plaintiff No. 9 and, as such, the suit is liable to be dismissed. 5. The trial Court decreed the suit on the finding that the suit as framed is quite maintainable and that ......ismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46

Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)

.... by appointment letter dated 16-3-1978. The petitioner joined on 24-3-1978 while respondent No.4 joined on 21-3-1978. The respondent No. 4 on successful completion of his period of probation was absorbed permanently in service on 21-3-1979. On the other hand, the petitioner's probationary period......004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 5587 of 2000 and 94 of 2003 discharging the Rules. 2. In Writ Petition Nos. 5587 of 2000, the writ petitioner called in question two orders namely order dated 29-6-1999 (Annexure-D to the writ petition) passed......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A..

Category: Employment/Service Law | Date: | Hits: 59

Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....intiff Afsaruddin. The appeal has been filed against the judgment dated May 13, 1997 in Civil Revision No.2335 of 1992 passed by a learned Single Judge of the High Court Division making the Rule absolute and thereupon setting aside the judgment and decree dated July 6, 1992 of the 1st Court of A......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......ead of the defendant No.1 and the plaintiff being a stranger purchaser and outsider having no blood relationship with him should not be allowed to live with him in the suit homestead. 5. The trial Court decreed the suit on the finding that the plaintiff by his purchase has acquired good ti...... allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

.... inter alia, that he is a shareholder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23-3-2002; as per provision of law and its Articles of Association the company convened its 20th Annual General Meeting on 28-4-2003 by a notice dated 7-4-2...... section 15 (Ka Ka) provided that no person shall be a Director of a banking company for more than six consecutive years in two terms, except the chief executive officer by whatever name he may be called and sub-section (2) thereof provides that notwithstanding the provisions of sub-section (1),...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ..

Category: Business or Commercial Law | Date: | Hits: 99

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

....e of the convict appellant Md Wasim Mia against judgment and order dated 9 April 2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the appellant. 2.The facts leading to the leave petition, in short, ......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......gainst the appellant Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under sections 7/9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000, in short, the Act. The case thereafter being sent for trial, the trial Court framed charge against the accused under section 9(1) read with section 30 of...... Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). ..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....ourt of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisdictional question is rather redundant. In the result, I also dismiss all the petitions and I fully concur with the judgment delivered by Mr. Amirul Kabir Chow......eans any Act, Ordinance, etc. having the force of law in Bangladesh. The urge of the petitioners for trying their cases in accordance with Islamic law is nothing but an imaginary dream as the said so-called law is not recognised now by our Constitution or in any other law except the Sharia law codif......ry J. Md. Fazlul Karim J.- Perused the attached note of my brother Mr. Md. Joynul Abedin, J along with the contention in appeal raised by the four convicts who have been sentenced to death by the trial Court in accordance with law. 9. Since the convicts have disowned the jurisdiction of this ......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....truction works were about to be closed down for the inability of the port authority to supply the construction materials from their store but then pursuant to the request of the port authority, who also assured the respondent No.1 that after getting the approval from the Ministry they will pay the b......ard, he did put his signature in the schedules and specifications; if the contractor submits tender without varying any of the terms as contained in the Tender Notice and schedule then such tender is called "Formal Tender 'anusthanik chukti’ and if the contractor includes some other terms varying ......lls but in spite of that he failed to complete the construction works within the time as stipulated and thereby the port authority incurred loss and therefore, the contracts were cancelled. 4. The trial Court upon consideration of the evidence on record decreed the suit in part for an amount of T......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-..

Category: Civil Law | Date: | Hits: 109

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

....nce on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public servant in a departmental proceeding which is also governed by law. Before that, it is to be determined whether a fresh departmental proceeding is a......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......ty of any person except in accordance with law has been violated by the impugned proceeding. 4. We are not impressed by the arguments advanced by the learned Advocate. Protection in respect of trial and punishment, that is, bar to conviction and punishment more than once for the same offenc......��………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal ..

Category: Constitutional Law | Date: | Hits: 159

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)

....ing to the term "manufacture" and directing the respondent to pay the excise duty on footwears not mechanically produced and purchased by the respondent for its trading purpose only because they were sold under the respondent's insignia, printing and packing when the respondent asserted that the fix......two notifications. 14. If the respondent company allows the footwears manufactured by others to carry its trade mark or trade name then it is doing so at its own peril and such act can hardly be called a violation of law of trade mark or termed as a fraud upon the statute. If, however, the resp......g the insignia of Bata on which the retail price is legibly, prominently and indelibly printed or embossed on each pair and packed in Bata packing are manufactured products of Bata, a mechanised industrial unit. As such these footwear’s are liable to payment of excise duty provided the retail pric...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh) Limited ....

Category: Fiscal/Taxation Law | Date: | Hits: 114

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....ence accused respondent Mohammad Kha along with others forcibly entered into the house of the informant and cut a coconut tree. The informant party resisted them as a result of which the accused persons could not take away the coconut tree and on the date of occurrence the accused persons along wi......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......arty raised alarm and hearing the hue and cry many people came to the place of occurrence and saw and heard about the occurrence. On these allegations the accused respondents and others were put on trial under sections 302/149/323/448/360/148 of the Penal Code. 4. The defence case is that, the ......Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result..

Category: Criminal Law | Date: | Hits: 117

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....ading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre-emptor was reasonably sufficient to give rise to waiver and acquiescence, and thus estoppel will operate in any ca......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......d acquiescence. Accordingly, the Misc. case was dismissed. On appeal, the learned Additional Subordinate Judge, 1st Court, Sylhet, by judgment and order dated 1.9.82, affirmed the decision of the trial Court and dismissed the appeal. 4. The pre-emptor then went in revision before the High Cou...... is also Reported in: 42 DLR (AD) (1990) 189. ..

Category: Property Law | Date: | Hits: 47

Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)

....sh by evidence that the crime has been committed. Commission of dacoity has not been proved by adducing evidence except statement in the ejahar. When the occurrence has not been proved there is no reason to find that the offence is proved and the 164 statement not being legally proved, the appeal is...... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... & Procedure It was injudicious to rely upon confession without calling the magistrate as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commiss......AD) (1990) 186. ..

Category: Criminal Law | Date: | Hits: 49

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....f premium. This condition being violated due to contract of sale of the licensed property, the government was perfectly justified in treating the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the suit......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ....... The Agreement between the allottee, respondent No. 2 and respondent No. 1, it was contended, was void and inoperative and as such there was no question of its specific performance. 3. Both the trial Court and the appellate Court concurrently found that the Agreement between respondent Nos. ......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commissioner, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………�..

Category: Property Law | Date: | Hits: 40

Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)

....For the Appellants M.B. Hossain, Advocate-on-Record — For the Respondent. Criminal Appeal No. 3 of 1986. (From the judgment and order dated 19.11.1985 passed by the High Court Division, Jessore Bench in Criminal Misc. Case No. 24 of 1985). Judgment Shahabuddin Ahmed CJ. - This appea......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......order be forwarded to the Deputy Registrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......tinue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim bail should not continue for indefinite period and such bail shall continue for 4 months further. In case of the revision not being disposed of as ..

Category: Criminal Law | Date: | Hits: 40

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)

.... started against the plaintiff on the basis of Audit Report and an Enquiry Officer was appointed, who, upon inquiry submitted his report to the Board of Directors of the Bank and that the Board resolved to dismiss the plaintiff from service which was conveyed to him by the impugned memo dated 26......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... Board resolved to dismiss the plaintiff from service which was conveyed to him by the impugned memo dated 26.1.81. The suit was contested by the defendant bank. 3. The suit was dismissed in the trial Court but decreed in appeal whereupon the defendants took a revision to the High Court Divisio......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio..

Category: Employment/Service Law | Date: | Hits: 98

Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)

....ccused-appellant's prayer for bail pending disposal of the appeal. While granting leave we directed release of the appellant on ad interim bail to the satisfaction of the Deputy Commissioner. And also directed that the matter would be heard expeditiously. 2. The appellant was convicted by the S......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ...... bail for 4 years without taking any serious efforts for hearing of the appeal. Ad-interim bail cannot be allowed to continue for indefinite period. Thus, the ad-interim bail is extended for 6 months and the appellant is directed for taking steps for getting the appeal heard in the High Court Divisi..

Category: Criminal Law | Date: | Hits: 64

Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)

....andra Sarkar on the ground of total absence of evidence, but held the two appellants guilty under Ss.477A/109 of the Penal Code read with s. 5(2) of Act II of 1947 and sentenced them to rigorous imprisonment for two years. They preferred an appeal which was, however, dismissed by the learned Single ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ment October 31,1989. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of 1898), section 342 The accused appellant did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 o......ted in: 42 DLR (AD) (1990) 176. ..

Category: Criminal Law | Date: | Hits: 45

Abed Ali Vs. State, 1990, 19 CLC (AD)

....sion (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abed Ali……………………………………………………………...Condemned prisoner-Appellant. Vs. The State……………………………………………………….......t of the house of Maziruddin the accused persons appeared before them. Appellant Abed Ali and accused Amin uddin (since acquitted) were armed with dagger. Abed Ali enquired as to why the salish was called suspecting them as thieves. Saying further that he could not allow them to remain alive in th......ng circumstance for passing the lesser sentence of imprisonment for life instead of death under section 302 of the Penal Code. 2. The condemned-prisoner Abed Ali along with four others were put on trial in Sessions Trial Case No.58 of 1985 to answer a charge under sections 302/34 of the Penal C......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t..

Category: Criminal Law | Date: | Hits: 65

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....lfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record not deciding the appeal on merit due to some omissions in the judgement, cannot be a valid ground for sending the case on demand for writing......e been heard or where the accused has been prejudiced by the conduct of the case and on similar other grounds. In the instant case it has not been found that because of any such reason a retrial is called for. It has only been vaguely mentioned that relevant documents had not been examined car......�……..…………………..Respondent Judgment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 o......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing..

Category: Criminal Law | Date: | Hits: 52

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