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....pect and dignity included not only the perspectives or perceptions of worth by which an individual is characterised by himself or others, but also the translation of these perspectives into operative facts of special process. It is submitted that this is the intrinsic meaning of the terms 'respect f......in: 55 DLR (2003) 332.
......l, which has been annexed by the petitioner No. 1 in the supplementary affidavit to substantiate the plea of malafide. To meet the argument suffice it to say that a paper cutting is not admissible in evidence unless the contents of the news item are proved in accordance with law. We do not know if t..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... Appeal Board, after hearing the parties excluded the name of the petitioner and 5 others from the final voters list. 6. Now whole question before us to be decided, in view of the present admitted facts that the petitioner who is not yet a voter and by his grievance, as it is stated which is pend......ourt Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Abul Khair Morselin (Md) …………………..Petitioner Vs. Bangladesh and others…………………. Respondents Judgment October 17, 2000. Cases Referred To- ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
.... Court, Dhaka in Miscellaneous Appeal No. 100 of 1990 affirming the judgment and order dated 28-3-1990 passed by the Assistant Judge, Keraniganj, Dhaka in Miscellaneous Case No. 11 of 1988. 2. The facts, in short, are that the opposite party Nos. 1 and 2 being the pre-emptors filed Miscellaneous ......t once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......trial Court also found that the pre-emption Case was filed before the cause of action arose and accordingly the pre-emption proceeding was not barred by limitation. The Court noticed that there is no evidence with regard to estoppel, waiver, acquiescence and res judicata. The trial Court further not..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......din J Hasmat Ali……………Appellant Vs. State…… Respondent Judgment January 23, 2001. Cases Referred To- Md. Tajul Islam Khokan & ors Vs. State, 6 BLT 79; Safar Ali and others Vs. State, 1983 BLD 325; State Vs. Mofazzal Hossain, 11 BLD (AD) 202, 43 DLR (AD) 64A; St...... explained the same to him. The convict appellant pleaded not guilty and claimed to be tried. The prosecution thereupon examined ten (10) witnesses to prove the charge. After the close of prosecution evidence the convict appellant was examined under section 342, Cr.P.C. to which he again pleaded not..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....gainst the ad interim injunction and the other one was filed under Order 39 rule 4 of the Code of Civil Procedure for vacating the same. They were fully aware of the proceeding but by suppressing the facts they filed Title Suit No. 116 of 1999 before the learned Subordinate Judge 1st Court, Dhaka ......Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Khaleda Rahman & another………Appellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Pap...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
.... and its machineries. 5. We have heard the learned Deputy Attorney-General Mr. M Faruq feebly opposes the Rule and submits that the articles published in the newspapers are not based upon true facts. He submits that there was further investigation into the Case for which the trial of the Case......eported in: 53 DLR (2001) 155. ......esponsibility is not over as soon as he completed the investigation and submitted the police report i.e. charge-sheet. But his responsibility continues till the conclusion of the trial to see that no evidence in the Case is lost by means of gaining over a witness or otherwise which may happen in Cas..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....etitioner invoked this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Hasibur Rahman (Md)…………….Petitioner Vs. Shakila Begum and another…………….Opposite Parties Judgment August 24, 2000. Cases Re......r 41 of the Code of Civil Procedure. 19. Section 107 of the Code enjoins that subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power to additional evidence or to require determine a Case finally, to remand a Case, to frame issues and refer them fo..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....spect of him, for he cannot give a public reply, nor he is obliged to justify or explain to the Executive any matter falling within the domain of his administration. In deciding, however, whether the facts before us call for drawing up of a proceeding for contempt, we have decided to opt for discret......r Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. t....... Rewrite more laws. Chew more clauses out of the Constitution. May be, as a former Vice-President once said, the American people are too dumb to understand, but I would bet that the outcropping of evidence at the top in testimony before the US Senate says something about the swelling concern amon..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ctions in this section but no where we find a single word to empower the High Court Division to determine the question of custody of any minor. The determination of such a question depends on several facts and circumstances including documentary and other evidences. We are of the view that in a proc......sion (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Choudhury J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- ......d to empower the High Court Division to determine the question of custody of any minor. The determination of such a question depends on several facts and circumstances including documentary and other evidences. We are of the view that in a proceeding under section 491, there is no scope to determine..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....he learned Additional District Judge, Moulvibazar dismissing the Miscellaneous Case No.3711995 under Order 41, rule 19 of the Code of Civil Procedure brought by the plaintiff-appellant. 2. The facts of the Case, in short, inter alia, is that the plaintiff-appellant brought Title Suit No. 117/......upreme Court High Court Division (Miscellaneous Appellate Jurisdiction) Present: Md. Abdul Aziz J Raisuddin (Md)…….. Appellant Vs. Sitaram Bhar and others……..Respondents Judgment February 12, 2001. Cases Referred To- ......he application under rule 19, Order 41 of the said Code nor the application under section 5 of the Limitation Act having been opposed and controverted by the defendants-respondents and there being no evidence taken in the Case on the issues both on sufficient cause and on limitation, the appellate C..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....ut lawful authority and of no legal effect. 5. Mr. Oziullah, learned Advocate appearing for the respondent Nos.4-7, on the other hand, submits that the Special Tribunal on consideration of the facts and circumstances of the Case as disclosed in the first information report, seizure list as we......53 DLR (2001) 127. ......t the goods to be returned to all the 6 FIR named persons as well as seizure list persons. But the customs authority will return the goods on strict scrutiny of the individual claims as well as other evidences on record. Send a copy of this order to the customs authority for compliance. From ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....ute such public servant and such sanction order should be a speaking order and it cannot be just a mechanical order. He further argued that the sanction order which was produced does not refer to the facts of the Case particularly the misappropriated amount and the goods received and manner of misap......s. State ……………. Respondent Judgment January 10, 2001. Result: The appeal is allowed. Cases Referred to- Abdul Awal Vs. State 1962 PLD Dhaka 623 =13 DLR 397; Gulak Chand Ragudas Vs. State AIR 194 (PC) 82; Abdul Hakim Vs. State 45 DLR 352 relied (7 & 9) Lawyer......e Department of Anti-Corruption but he has not been examined in this Case. PW1 Narayan Chandra Biswas partly investigated the Case but he is totally silent about the sanction order. There is no other evidence as to what paper was placed before the sanctioning authority and thus there is no extraneou..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....witness recorded on guess-work cannot be perfect. 8. The other evidence in this Case is not at all sufficient to show the involvement of the convict appellant petitioner. Considering the above facts and circumstances we are of the view that the convict appellant-petitioner is likely to get re...... Judgment Md. Hamidul Haque J. - This is an application for bail in a pending appeal. 2. The learned Advocate for the petitioner has submitted that in this Case the victim is a deaf and dumb girl and she was a maidservant in the house of the informant. The allegation is that on the...... son was in the school, the appellant petitioner entered into the house and raped the victim forcibly. The learned Advocate invites our attention to the fact that the Tribunal solely relying upon the evidence of the deaf and dumb victim convicted the present appellant-petitioner. With reference to t..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....f the petitioner contained in his application for the Civil Revision. 9. It appears that in passing the impugned judgment and order the learned Assistant Judge has not properly appreciated the facts of the Case as well as the law applicable to it. He has gone wrong with his reasoning as well.......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Bibhu Ranjan Das ………………………Petitioner Vs. Hakim Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases ......h the petitioner has taken objection was not necessary for the determination of the learned Senior Assistant Judge. 10. The learned Assistant Judge also went wrong to co and again, without any evidence or material on record, “এক্ষেত্রে প্রার্থী কোনট..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....tioner was released due to mistake and the Court sub-inspector rightly brought to the notice of the learned Sessions Judge, Sylhet the fact that the petitioner is an accused in Luton Murder Case. The facts and circumstances of the Case and the nature of the allegations firmly lead to the proposition......minal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....dvanced by the learned Advocates for the appellants and the learned Deputy Attorney-General for the State, it will be convenient to state at first the background and then chronologically the relevant facts. 11. The background briefly is this. Kawran Bazar Commercial Area, briefly KCA, within the ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Latifur Rahman J Hussain Mohammad Ershad………………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: ......r. 8. Prosecution examined 35 witnesses while defence examined none. Accused No.16 however, filed some papers at the time of his examination under section 342 Cr.P.C. 9. On consideration of the evidence on record learned trial Judge found the prosecution Case well proved and consequently convi..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....itioner under sections 447/379 of the Penal Code and sentencing them thereunder to suffer RI for two months and six months respectively while acquitting the remaining accused persons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took awa....... This Case is also Reported in: 53 DLR (2001) 99. ......rned Advocate appearing for the accused petitioners, submits that the learned Additional. Sessions Judge evidently erred in law in passing the impugned judgment without discussing and considering any evidence of the witnesses examined by the prosecution in contravention of the clear provisions of la..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....ous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as plaintiffs laid a suit being Tit......ourt High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Arabinda Das...........................Petitioner Vs. Sura Bala Das and others………….Opposite Parties Judgment August 19, 1999. Lawyers I...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....hat the paper submitted by the petitioner in support of his claimed title and possession are subject to doubt. That the writ petition does not involve any question of law rather it involves matter of facts only and as such, the Rule is liable to be discharged. 7. We have considered the submis......d in: 53 DLR (2001) 94. ...... allegation that petitioner is not the original owner of the building, rather he is an impostor of the original owner. 9. On the other hand, the petitioner has submitted sufficient documentary evidence to prove that he is the original lease holder of the plot in question namely, Abul Hossain ..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....e professional income at Taka 70,000.00 and 48,000.00 respectively without any basis and hence this cannot be sustained in law as the same is against the principle of natural justice. Considering the facts and circumstances of the Case and submission made by the learned Advocate for the applicant, w......mmissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.00 and being aggrieved by the said assessment the applicant preferred an appeal before the Appellate Jo......rd illegally added the income of building. The learned Advocate further submits that as usual the learned assessee advocate did not maintain any books of account and failed to produce any documentary evidence in support of his declared income and the Assistant Commissioner estimated his provisional ..Category: Fiscal/Taxation Law | Date: | Hits: 67
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