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Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... of the civil suit. Moreover, since there is a prima facie case the criminal cases cannot also be quashed. Therefore, the High Court Division did not commit any illegality or made any error in law by holding that the pendency of the civil suit will not be hindrance to proceed with the criminal cases......f a cheque is dishonoured and if payment is not made within 15 days after receipt of a legal notice. It is a settled law that criminal proceeding can be proceeded independently of the civil suit. Moreover, since there is a prima facie case the criminal cases cannot also be quashed. Therefore, the Hi..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... the Notification dated 1‑7‑88 by the Board in exercise of its power conferred by the Excise and Salt Act, High Court Division erred in law in finding that there was no guideline principle and in holding the impugned Notification has been issued without any lawful authority inasmuch as SRO dated......ctory and actual production for realisation of the revenue in the different beverage producing factories in the country High Court Division fell in error of law in passing the impugned judgment; the Government being empowered to constitute the standing Tribunal under section 3(6) of the Act High Cou..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... be enlarged on bail, since he has been waiting in the custody for trial of the case for about 2 years and prosecution has miserably failed to take proper steps for framing the charge in the case and holding of the trial. In the result, the appeal is allowed. The impugned order dated 19‑9‑2...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....charged for indictable offence ordered for Judicial Inquiry in the presence of High Police Officer and Police representative and the vires of the orders recorded by Metropolitan Magistrate. Dhaka for holding Judicial Inquiry in presence of High Police Officer and Police representative have become th......sion No.680 of 2001 (Arising out of petition case No.2261/2000 in the Court of Metropolitan Magistrate, Dhaka) Judgement A. K. Badrul Huq J. — In all democratic countries whose Government is vested in and ultimately controlled by the people the Police are agent of law and they ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....evidenced by Annexure-‘A’ to the writ petition. The convict had no maturity to understand the consequences of such confessional statement. The Tribunal Court considered the confessional statement holding that the confessional statement was recorded on the date the convict was arrested, which is ...... the petitioner No. 2 Alamgir Hossain be set at liberty forthwith if not wanted in connection with any other case. 14. The respondents No. 2 and 4 are directed to instruct the law officers of the Government to take due care in conducting the cases of juvenile offenders under the “The Children A..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....was no earthly reason to disbelieve or doubt the submission made by Mr. SS Halder, Senior Advocate. The High Court Division has also found that Mr. Halder has made an untrue submission but instead of holding Mr. Halder responsible for such a submission the learned Judges of the High Court Division h......ontempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration whi..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....nt on the view that the petitioner was denied opportunity of self-defence and thereby there was violation of principle of natural justice. The Administrative Tribunal arrived at the aforesaid finding holding although charge-sheet with statement of allegations was sent by registered post to the petit......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....; Md. Fazlul Karim J.- This appeal by leave granted on 9‑3‑2000 is for consideration as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled to posse......oration of possession to the extent of 2 (two) annas share as decreed by the lower appellate Court. The appellant instituted title execution case No. 5 of 1988 for execution of the decree claiming recovery of possession of 0.28 acres of land out of 0.60 acre of Plot No. 65 but the defendant filed an..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....2000 which was summarily rejected by the impugned judgment. 3. Mr. Hefzul Bari, learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not holding that the retirement has not been covered under section 25(l) of the Employment of Labour (S......impugned judgment. 3. Mr. Hefzul Bari, learned Advocate appearing for the petitioner, submits that the High Court Division erred in law in not holding that the retirement has not been covered under section 25(l) of the Employment of Labour (Standing Order) Act and, as such, the prede..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....at there being no unintentional delay on the part of the petitioner (Privatization Board) in handing over possession of the enterprise to the respondent No. 1, the High Court Division was in error in holding that the petitioner was responsible for the breach of the contract, that the High Court Divi......p; Judgment June 24, 2001. The Contract Act, 1872 (XXII of 1872), Section 46 Because of the default of the petitioner and other government agencies, the contract did not reach finality but there was no laches on the part of the ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....low. In cancelling bail on allowing Miscellaneous Case Sessions Judge held that it stood proved that the accused-petitioner held meeting on 3‑5‑2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting might be termed as threat to prosecution witnesses and petitioner misused ......, held that no cogent evidence had been collected for involvement of accused petitioner in commission of crime. Sessions Judge, also, found that enmity existed between deceased and accused petitioner over Union Parishad Election. 15. The accused petitioner was released on furnishing bail bond o..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal of the suit. 4. On taking evidence the learned SCC Judge decreed the suit holding that the plaintiff bonafide required the suit premises for his unemployed son and the defend...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....ed before the High Court Division for substitution of the heirs and representatives of those deceased persons but the High Court Division by order dated 23‑5‑1999 rejected the application holding that there was no prayer for setting aside the abatement and no separate application was fil......aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....00 of 1996 upon a revisional application under section 25 of the Small Cause Courts Act. By the judgment and order dated 13-8-1998 a learned Single Judge of High Court Division made the Rule absolute holding, "From the findings and decision of the Court it is not clear whether the defendants de......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....ion-petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be malafide one. 5. It appears that the Corporation initially ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....slima’s mother-in-law on an occasion pressed the neck of Taslima; that the informant took his sister Taslima to his house and that for 7 months Taslima Begum was in her parents’ house, that after holding of a Salish informant’s sister went back to the house of her husband; that in the Salish i......ge accused Babul Hossain made demand for Taka 30,000.00 as dowry from them; that dowry having not been paid accused Babul Hossain, used to torture informant’s sister; that there were ‘Salishes’ over the matter of torture of the informant’s sister for non payment of dowry; that for the last o..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....d in observing that a word like "etc." has been dropped after the words "fixed deposit" occurring in the order of the Senior Appellate Joint Commissioner of Taxes and that, for that reason, in holding that the Senior Appellate Joint Commissioner Uphold the action of the Deputy Commissioner o...... that if a provision of fiscal law is capable of more than one interpretation, one which is more favourable to assesses, should be given effect and thus the instant sub-section (5) will prevail over sub-section (3) of section 45. The learned advocate further submits that had it been the int..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
.... of issuance of the Rule operation of the order of the Labour Court and the connected registration certificate were stayed and that the order of stay being effective till today there was no scope for holding election for electing Office bearers of the Union and, as such, Mr. Abu Taher Chowdhury’s ...... Samity known as (Bangladesh Family Planning Association), hereinafter in brief the samity, a social Welfare Organisation, registered under the Directorate of Population Control and Family Planning, Government of Bangladesh and also with the Department of Social Welfare, is engaged in the work of fa..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....ith the day-to-day function of either Board in an individual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerned Ministr...... is allowed. The Bangladesh Water and Power Development Boards Order, 1972 (President's Order No. 59 of 1972) Article 4(3) Article 4(3) was never meant to be a provision for enabling the Government to interfere with the day-to-day function of either Board in an individual case and in..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....nded to arrest him he should be released by the District Magistrate if a bail bond is furnished to his satisfaction.” The above order was ultimately set aside by the Federal Court holding that the custody is a condition precedent to the granting of bail. Their Lordships of the F......gh Court Division. It is expected that the extraordinary relief would receive a mature consideration free from any kind of pressure which may not be possible at the level of the Sessions Judge. Moreover, such prayers were always few and far, between which the High Court Division had to deal with..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
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