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M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......charge-sheet and the deposition of the witnesses and having not considered those documents and confining themselves only to first information report and the police report have committed an error of law occasioning failure of justice when section 561A of the Code, on plain reading, is intended to ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......iled the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Annexure-M) issued by the appellant (writ-respondent) was made without lawful authority and for declaring that the respondent- writ-petitioner is entitled to the faciliti..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... also considered in the background of the observation made in the case of Siddique Ahmed Chowdhury and others vs Gani Ahmed and others reported in 33 DLR (AD) 1. 14. The proposition of law relating to special burden of proof in respect of the Heba-bil-ewaz deed in question if conside..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......pared in the name of the plaintiff cancelled and that the order of the Revenue Officer dated July 28,1986 cancelling the khatian that stood in the name of the plaintiff was not sustainable in law, that the plaintiff has right, title and interest in the land in suit and in the shop standing ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... forwarded to the Secretary, Ministry of Law, Justice and Parliamentary Affairs to bring to his notice our observation regarding the learned Magistrate and for doing the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the acti..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 3262 and 3975 of 2004 respectively challenging the constitutionality of sections 3 and 8 of the Constitution (Fourth Amendment Act), 2004 published in the Bangladesh Gazette dated 17th May, 2004 amending, inter alia, Article 65(3) of the Constitution and further adding paragraph 23 in the Fourt......zens who will choose their own representatives and the impugned amendment of the Constitution, contrary to the Article 27 of the Constitution, the petitioners are not being treated in accordance with law inasmuch as, it has not given them the opportunity of participating in the reserved seats as the..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......4. Hence this appeal arose out of leave granted on 20-4-2002. On hearing the learned Advocate-on-Record leave was granted to consider the submission that the High Court Division committed error of law in upholding the conviction and sentence of the appellants although ought to have acquitted the..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... Act, 1908 and accordingly, Chatak Police Station Case No. 11 dated 26-3-1999 was started and the police submitted charge-sheet against the accused respondent and others under aforesaid provisions of law. The accused respondent being informant also lodged a first information report on 16-3-1999 in t..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... 3 claimed to be the attesting witness to the deed, PW 4 claimed that he was present at the time of writing and at the time of the execution of the deed. It may be mentioned PW 3 is the brother-in-law of the plaintiff and PW 4 is the full brother of the plaintiff. PW 5 deposed that he was presen..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......by the Government and, as such, the impugned order of compulsory retirement passed by the respondent No. 2 under the Pension and General Provident Fund Rules, 1987 is illegal and was passed without lawful authority. The further submission of the learned Counsel was that the High Court Division d..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....as required by Rule 4 of the Rules. 53. He then submits that sections 7 to 10 and 11 of the Ordinance are not independent of each other providing for preparation of voter list correcting and amending existing voter list and revising the same respectively. 54. He emphatically submits...... sub-section 7 of section 7 of the Ordinance there is no embargo on the power of the commission to prepare a fresh voter list and in the preparation of fresh voter list the Commission is not by the law required to take notice of the existing voter list. It is the contention of the re..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......e victim was caused by the two appellants with intention of causing death and, as such, the order of conviction against the appellants under sections 302/34 of the Penal Code is not sustainable in law. 9. Mr. Abdur Rouf, learned Deputy Attorney-General on behalf of the State, oppose..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......e [Penal Code], except-on the complaint in writing of the public servant concerned, or of some other public servant to whom he is subordinate 5. From the aforesaid provision of law it appears that in case of offences punishable under sections 183/186/188 of the Penal Code a c..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......spondent Nos. 1 and 2 denied this position or refused to include the said land or asserted that it did not belong to the company, the respondents had not been able to discharge the burden in law which was on them and the trial Court's finding in this regard is just and proper and the High ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....tructural pillars of the Constitution cannot be changed by amendment. The structural pillars of Parliament and Judiciary are basic and fundamental. It is inconceivable that by its amending power the Parliament can deprive itself wholly or partly of the plenary legislative......f Saw for all citizens and in furtherance of that aim Part VI and other provisions were incorporated in the Constitution. By the impugned amendment that structure of the rule of law has been badly impaired, and as a result the High Court Division has fallen into sixes and..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ill be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of the facts and law". 8. Mr. Julmat Ali Khan, the learned counsel appearing for the condemned petitioner Mizazul ..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....s to parties could be amended by filing a petition for amendment of the plaint. It was also noticed that the suit was an old one which was, once dismissed for default and plaintiffs took no steps for amending the plaint during the long time the suit was pending. It is clear, therefore, that the disc......party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Involved: Jamiruddin Sircar, Advocate, instructed..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... and feet by the accused persons who took him from one place to another and ultimately left him on the river bank. He supported the Informant's case that while he had been talking with his brother-in-law in his mother's hut the appellants killed Halima Khatun with several blows of kirich, sendao and..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ailants in his Ejahar. Had Ramjan participated in the assault on his son, there was hardly any reason why he would be omitted by him in his ejahar. Both Tayeb Ali and Ramjan Ali were members of the unlawful assembly which committed rioting in prosecution of their common object in assaulting Bazlur R..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......n challenged in this suit and prayed for relief in the terms mentioned above. 5. The suit was contested by the appellant Corporation and it was pointed out that the Corporation was a creature of law namely, Bangladesh House Building Finance Corporation Order, 1973 (P.O.7 of 1973) and as per sub..Category: Property Law | Date: | Hits: 41
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