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Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., 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. ......gment 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, are that one Champa Khatoon (15), dumb daughter of K..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....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. ......e fact that the convicts were tried by a competent Court 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 ......Amirul Kabir Chowdhury J and the separate dissenting note written by my learned brother Mr. Md Joynul Abedin J. 2. The author Judge, Mr. Justice Amirul Kabir Chowdhury has elaborately narrated the facts and circumstances and thereupon arrived at his conclusion dismissing all t..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....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. ......reasons given by the Court decision of which is under appeal would ordinarily suffice." 38. In the case of Mahmud All & another vs Bangladesh & others reported in 1986 BLD (AD) 56, wherein similar question arose, the appellate Court dismissed the appeal holding as follows: "Considered the s...... amount and in that situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal affirming the concurrent findings of facts as above the decision of the High Court Division does not call for any interference. 8. As ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....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. ......st the judgment and decree passed by the learned Subordinate Judge, Artha Rin Adalat No.3, Dhaka dated 5-5-2000 in Money Suit No. 109 of 1998 while Writ Petition No. 3261 of 2001 was filed calling in question the judgment and decree dated 7-11-1999 passed by the learned Subordinate Judge, Artha Rin ......n No. 3261 of 2001 was filed calling in question the judgment and decree dated 7-11-1999 passed by the learned Subordinate Judge, Artha Rin Adalat No.2, Dhaka in Money Suit No. 109 of 1998. 4. The facts, in brief, are that the respondent No. 2 Pubali Bank Limited, Motijheel Branch, Dhaka ins..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....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. ......ood, whereas the impugned proceeding dated 30 January 1990 has been drawn up by the Director General, Food who is a higher authority than the Director. The learned counsel contends that even if these questions are determined in favour of the petitioner and the principle of double jeopardy is found......as referred to in Article 35 relates to criminal prosecutions. 'Double jeopardy', which has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle ma..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....n premises not authorised/licensed for manufacture of the company's footwear they were seized as per Excise and Salt Act, 1944; that the company was previously charged in five cases for offences of identical nature and it was found manufacturing shoes outside its licensed premises and selling th......manufactured shoes and other accessories related to the use of shoes and that the company had trade licence for each business and was authorised to do so under its Articles of Association; that the questioned articles were manufactured non-mechanically without the aid of steam, power or gas by the......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
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....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. ......re-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 the right of pre-emptor accrues only on the registration of ......te and the pre-emption allowed by the impugned judgment and order. 6. Leave was granted to consider whether the view taken by the learned judge of the High Court Division was correct in law and on facts found concurrently by the courts below. 7. Mr. S.R. Pal, learned advocate for the appel..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... 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. ......gedly recorded their statements. 9. This case, however, in our opinion, does not fall to be decided upon an examination of the credibility and value of the confessions. There is a more fundamental question involved which does not seem to have been favoured by the learned judges. The question invo...... respect of a confession by an accused person produced before a Court, taken in accordance with law and purporting to be signed by a Magistrate, we are of the view that having regard to the aforesaid facts noticed by the learned Judges it was at least injudicious to rely upon such confession without..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....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. ......arch 1973 since when she has been in possession of it. 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 concurrentl......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. ..Category: Property Law | Date: | Hits: 40
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....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. ......dgment 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 appeal by special leave calls in question an order of the High Court Division, Jessore Bench, in Criminal Mis. Case No. 24 of 1985 re......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)
....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.......ed by the High Court Division, Rangpur Bench in Writ Petition Nos. 8 of 1989, 26 and 27 of 1988 respectively). Judgment Shahabuddin Ahmed J. - In these three appeals by special leave a common question is involved. It is whether Rule 6 of the Union Parishad (Election) Rules, 1983, as to fix......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)
....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. ...... (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in Criminal Appeal No. 148 of 1986). Judgment Shahabuddin Ahmed J. - This appeal by special leave questions the propriety of conviction of the two appellants under sections 477A/109 of the Penal Cod...... 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 of Cr.P.C, all the incriminating facts appearing in the evidence were put to him but no plea of inadvertence taken. So, the court was..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....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. ......ntenced to death for committing a double-murder by the Additional Sessions Judge, Rangpur and the High Court Division has confirmed the said sentence. Leave to appeal was granted to consider the only question as to whether there was any extenuating circumstance for passing the lesser sentence of i......lt there was a scuffle between the parties and it was not known by whose blow the victims Nabiruddin and Abdul Gafur were killed. 6. The learned Additional Sessions Judge on consideration of the facts, circumstances and the evidence on record, by judgment and order dated 1.4.86, found the app..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... 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. ......tunity for importing sugar at the concessional rate of duty and sales tax. 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, 1...... 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)
....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. ......ese two appeals by special leave are directed against the judgment and order of High Court Division in Income Tax Reference Application Nos. 8 and 9 of 1988. 2. Leave was granted to consider the question whether the High Court Division has erred in law in holding that once an income (such as th......the assessee". In this view of the matter the appeals were dismissed. 5. The Revenue then made a reference under section 160 of the Income Tax Ordinance, 1984 on the points (i) whether on the facts and in the circumstances of the case, the learned Taxes Appellate Tribunal is justified in..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....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. ......dgment and order dated 31.3.87 passed by the High Court Division, Dhaka Bench, in Criminal Appeal No. 81 of 1985). Judgment ATM Afzal J. - In this appeal leave was granted to consider the only question as to whether the order of remand for retrial passed by a learned Single Judge of the High ......gle Judge of the High Court Division, Dhaka in appeal was just and proper. In the view we have taken upon deliberation of the matter and in view of the order proposed to be passed, reference to the facts of the case will be advisedly brief and the discussion likewise. 2. The accused-appellant w..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....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. ......the Judgment and Order dated 1 August, 1989 passed by the High Court Division, Dhaka, in first Appeal No. 81 of 1989). Judgment Shahabuddin Ahmed J. - In this appeal by special leave the short question is whether the High Court Division correctly exercised its discretion refusing stay of ex...... though the stay of execution of the decree appealed against pending disposal of the appeal is a matter of discretion of the court this discretion should be exercised on proper consideration of facts including balance of convenience and avoidance of multiplicity of litigation likely to arise i..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....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. ......t holding any land as a tenant. Nor is the benefit of section 7(2) available to the appellant because the non-agricultural land which he was holding since 1939 was not 'comprised in any tenancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 h......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
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......ment and order dated 13 December, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 602 of 1988). Judgment Shahabuddin Ahmed J. - In this appeal by special leave, the only question for consideration is whether the High Court Division in its Writ jurisdiction rightly ref......he Returning Officer. But the main question is whether at an intermediary stage of election Writ-jurisdiction of the High Court Division is at all available, particularly when disputed questions of facts are involved. We have already answered this question in a number of group cases that Writ juri..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....ent in the 1st and 2nd live stock development projects since 1977 and were guided by recruitment rules approved by Chief Martial Law Administrator through memo dated 16.10.1986 which is materially identical with the provision of Non-Gazetted Employees (Dept. to livestock Service) Recruitment Rul......ed 16.10.1986 which is materially identical with the provision of Non-Gazetted Employees (Dept. to livestock Service) Recruitment Rules, 1985 and that in the project proforma of the project in question it was clearly shown that out of 1552 recruited employees, 1487 officers and staffs would ...... absorbtion in the revenue budget and as such the High Court Division made the rule absolutes in writ petition Nos. 1186 of 2004 and 6591 of 2004. 18. He further submits that considering the facts and circumstances and the judgment passed by the High Court Division in the aforesaid two wr..Category: Employment/Service Law | Date: | Hits: 56
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