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Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....s 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. ......etition, in short, are that one Champa Khatoon (15), dumb daughter of Khodeja Khatoon on 12-7-2000 went to a pond near her house at about 3-00 PM but did not return till 12-00 at night and at that time her mother Khodeja Khatoon found some persons assembled at the Union Parishad road situated to......, 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. ......, 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. ..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....mal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......al Court in accordance with law. 9. Since the convicts have disowned the jurisdiction of this Court thereby remained satisfied with the judgment under appeal displaying certain purely religious sentiments which a Court of law established by law has nothing to do and on my perusal of the impugned ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ...... after getting the approval from the Ministry they will pay the bills for the excess amount to be spent for purchasing the materials from the market at higher rate, the respondent No.1 who in the meantime already invested huge fund in the works went on with the construction works by purchasing the m......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....rt. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......and the plaintiff bank also made correspondence with the respondent No.3, Ministry of Finance claiming the money but the plaintiff-respondent did not receive any money. The defendant-petitioner, from time to time, requested the plaintiff bank for time to make arrangement for payment of the money but......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....le 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......etition he had challenged an order of the Director General of Food drawing up a departmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of los......tmental proceeding against him. 2. Petitioner was Inspector of Food and In-charge of Sylhet LSD at the relevant time. On the allegation of gross neglect of duty i.e. his failure to take action for recovery of loss on account of Railway transit shortage amounting to Tk. 47.9 lacs. A charge-sheet......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. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
.... National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......at the company never accepted the interpretation given in the impugned letter dated 11th July, 1985. It had to deposit the sum of Tk. 24,66,088/45 paisa as directed by the Board of Revenue. At that time the company could not challenge the legality of the impugned order dated 11th July, 1985 beca......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
.... 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. ......bable witnesses. Those witnesses testified in one voice that, accused Mohammad Khan gave the fatal blow at the place of occurrence surrounding the victim while he was fleeing to escape. To decide the time of occurrence on the basis of semi-digested food found at the abdomen is not proper as it may d......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. ......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. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
.... 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. ......hus: — "The courts below came to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that th......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. ......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. ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
....s 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. ......ngthy confessions were allegedly recorded by the Magistrate. It indicated that neither the accused were properly examined as required under the law before making confession nor they were given enough time for reflection. The learned Judges also noticed that the confessional statements were recorded ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 49
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....e 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. ......le granting leave to appeal from that order we, by our order dated 14 January 1986, released them on interim bail expecting that the revisional application would be disposed of within an reasonable time. Over 4 years have passed since then, but the matter is still pending before the High Court Div......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. ..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....y pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......en adopted by Mr. Syed Ishtiaq Ahmed and Mr. M. Nurullah, has contended that Rule 6, particularly the provisions in sub-rules (1A) and (1B) are meant for an election which is to be held for the first time, and not to an adjourned poll, and that for governing an adjourned poll a specific provision ha......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
.... 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. ...... lease-deed Ext.4 he was very busy, that on that day, 24 July 1983, many other Lease Deeds were executed by him and that by inadvertence he executed Ext.4 putting his signature thereon. Again, at the time of examination under s.342, Crl. P.C all the incriminating facts appearing in the evidence we......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. ......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. ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....e law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......Thereafter he dealt another dagger blow on the chest of the informant Bazlur Rahman but it did not hit him as he took a turn and the dagger struck him on the left arm causing grievous injury. At that time P.Ws. Meser Ali, Majiruddin, Samad, Majibar, Joynal, Jahiruddin, Awal and many others were pres......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......esult of sudden excitement but predetermined and intentional. The accused as per his own statement is a literate man and being a commander of Liberation War is well conversant with the use of various arms and knowing the result of such fatal blow in the vital part of the body, he committed gruesom..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......He opened irrevocable letter of credit for import of 500 metric tons of sugar from South Korea and eventually the sugar in question arrived at Chittagong Port on 24th November, 1984. 5. In the meantime on 6th November, 1984 this concessional rate was withdrawn by the Government and it was levia...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ...... only one court which was created by the Constitution under Article 94 namely, Supreme Court of Bangladesh comprising the Appellate Division and High Court Division. This notification was issued at a time when Martial Law was in force in the country and by Martial Law dispensation two courts were cr......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
.... afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......en some omissions made by the trial Court in not considering a piece or pieces of evidence would hardly afford a valid ground for sending the case on remand for writing a proper judgment. It is about time that the Courts of first appeal become a little more practical and take note of the congestion ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been challenged in the first appeal. In the meantime respondent filed Money Execution Case No. 19 of 1989 for realisation of the decretal amount. Th......ecution of the decree appealed against in a first appeal, namely F.A. No. 81 of 1989. 2. Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for recovery of Tk.1.91 lacs from the appellant-defendant alleging that he had taken business loan of ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....s we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......dants had no title to the suit land on the date of filing of the said suit for eviction. But after the decree they continued to occupy and possess the suit land as tenants. The appellant in course of time became full 8-anna owner of the suit land upon the successive deaths of the other heirs of Ra......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......revenue budget and remaining 684 personnel would be transferred to the revenue budget by surrendering same number of vacant post from the revenue budget of Ministry of fisheries and in the meantime some of them already have been transferred to different revenue posts by the ministry of fish&......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....rt Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......dministrative Tribunal has the power to order for promotion with seniority and thus it is open for the writ petitioner to get justice from Administrative Tribunal in due course, though it may take time. Time factor cannot be a ground for invoking writ jurisdiction for seeking relief in serv...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
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