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Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....f 1981), Section 4 The Government Servants (Discipline and Appeal) Rules, 1985, Rules 7 and 10 Natural Justice The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ....... On the basis of anonymous petition he transferred the respondent to Dhaka GPO from Sadarghat Post Office and a number of inquiries were held to victimise the respondent. Subsequently a departmental proceeding was drawn up against the respondent bringing several charges at the instance of said Arun..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ath Reference No.43 of 2001, Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001. Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is sporadic. This cri......attan Singh Vs. State of Punjab (Supra) the point which came up for consideration is, whether it was open to Court to convict an accused on his confession itself though he had retracted it at a later stage. Their Lordships of Supreme Court of India held: "In law it is always open to the Co......t AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is sporadic. This criminal proceeding by way of Death Reference is a phenomenal case of murder of husband by wife. Husband Tipu..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....was completely mad but it failed to substantiate its claims, that there is no indication from his confessional statement that he was mad, that the prosecution has been able to prove the charge beyond any shadow, of doubt and that he brutally killed his Wife for which he deserved maximum punishment f...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ...... record of Sessions Case No.31/92 and none of the witnesses made any statement relating to that case. We failed to understand how the learned Additional Sessions Judge took judicial notice of another proceeding and used the same against the condemned-prisoner. He fails to notice the previous judgmen..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....zharul Borhan Vs. A.H. Bhuiyan, 15 BLD (AD) 237; Haider Unnessa and another Vs. Monwara Begum and other, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533; Gujt Heluering Commissioner of International...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......d the claim of pre-emptor first opposite party on presentation of a written objection putting forward contention: i) The transfer was not an out and out sale and sale deed under pre-emption proceeding was accompanied with an agreement of re-conveyance and the land was under a mortgage by..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....r a relevant fact, must be deposed to, by a person who has seen it if it is one which could be seen, by a person who has heard it if it is a fact which could be heard, and by a person perceived it by any other sense if it is a fact which could be perceived by any other sense and if the fact be the d......tinct. In the latter offence an alternative defence plea may be taken which is not possible in the earlier offence. In that view of the matter, if an alteration of the charge is made at the appellate stage, it cannot be said that the accused will not be prejudiced. Therefore, we are of the view that......t the stage of taking cognizance of the offence. The expression 'cognizance' refers to a stage of mental condition at which the Magistrate or the Judge, as the case may be, decides whether a judicial proceeding against an accused person for placing him on trial on the accusation made against him. No..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....section 302 of the Penal Code and sentencing him to death. The learned Additional Sessions Judge found the condemned prisoner also guilty under sections 326 and 307 of the Penal Code but did not pass any separate sentence. The learned Additional Sessions Judge by the same judgment acquitted the othe......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......cted several blows by 'Dao' in different places of his body and he died. The said incident was witnessed by Hazrat Ali's mother Julekha Khatun (since deceased) and she while upon raisin‑, alarm was proceeding towards her son Hazrat Ali the condemned prisoner attacked her and inflicted blows by 'Da..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....g with one nurse of the clinic where she told Dr. Ruhi for taking steps for delivery by operation as was told by the accused No.1 Dr. Hafizur Rahman. The accused petitioner No.2 Dr. Ruhi did not take any step for operation and instead she tried for normal delivery. On the following day i.e. on 26‑......s 315/316 of the Penal Code and on the basis of this judicial inquiry report cognisance was taken against the accused petitioners under sections 315/316 of the Penal Code on 10‑7‑2001. It is this stage the accused petitioners moved this Court and obtained the Rule in which further proceeding of ...... Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of GR Case No.382 of 2000 arising out of Dhanmondi PS Case No.49(2) 2000 under sections 3..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ahmudul Islam, learned Attorney-General appearing for the complainant-petitioner, submits first, that as per section 24(2) of the Securities and Exchange Ordinance, 1969 every director of the company being responsible for commission of an offence under section 17 of the said Ordinance by any com......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......the record of the case and the documents submitted therewith and upon hearing the submissions of the accused and the prosecution to come to a considered finding that there is no sufficient ground for proceeding against the accused and while discharging the accused the Court shall record the reasonin..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....r, size etc to make illegal financial gain inspite of their product being of inferior quality. It is further contended that the opposite party No.2 in fact copied the trade mark of the petitioner company and it is in fact identical to the trade mark of the petitioner and by suppressing the fact that......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......ore in effect contended that the doctrine of res judicata is not attracted in such a case. 11. In the facts and circumstances of the case it is to be decided whether issues decided in opposition proceedings between the parties are res judicata in rectification proceedings. It should be remember..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....tances and other materials on record and found: I. Victim sustained injuries in the house of accused and from that house she was taken to hospital. II. Father of victim (PW 6) did not lodge any case in consideration of the future of his another daughter who is the wife of the accused. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ...... (In Criminal Appeal No. 1019 of 2001). Death Reference No. 17 of 2001 Criminal Appeal No. 1019/2001 Jail Appeal No. 1059 of 2001. Judgment AK Badrul Huq J. - This Criminal proceeding by way of Death Reference and, also, Criminal appeal and Jail appeal puts on display a pa..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....me into force on 19.11.1997 whereas the case was filed by the respondent before the Administrative Tribunal on 28.9.1997. So, the question that the case was barred because the respondent did not file any review before the President in respect of the order of his dismissal from service does not arise......ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......of appointment was issued by the Secretary of the Ministry concerned in accordance with provisions of article 55(4) of the constitution. It is true that the respondent was dismissed in a departmental proceeding under provisions of the Government Servants (Discipline and Appeal) Rules, 1985. Under Ru..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....ommittee was constituted for holding an enquiry into the charges brought against respondent No.2 and asked him to appear before the Enquiry Committee on 26‑8‑1992 with his witnesses if any. The Enquiry Committee held the enquiry on 25‑8‑1992, 27‑8‑1992 and 28&#......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......ondent No. 1 is not in accordance with law and the same is liable to be set aside." 7. The exercise of jurisdiction under certiorari empowers High Court Division to declare a proceeding to have been taken without lawful authority and of no legal effect which includes either..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....ss of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been otherwise as article 102 (2) or any other provision of the Constitution preclude it to do so. …………..(28) The Evidence A...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......ew application without applying its judicial mind to tile new evidence placed before it. 10. The learned Counsels appearing for the appellants in Appeal Nos. 152 and 155 have submitted that the proceeding initiated upon a writ petition before the constitution Bench of the High Court Division i..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
.... High Court Division which rejected the same on the finding that no material was placed on the record as to whether the defendants from whom the petitioners are said to have acquired interest claimed any saham or any saham was allotted to them in the Partition Suit No. 28 of 1987. The said Division ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......er 19, 2000 (order No. 16 dated 19‑92000) of the Court of Senior Assistant Judge, Charfesson, Bhola, in Title Execution Case No. 1 of 1999 rejecting the application seeking stay of further proceedings of the said Execution Case. The Execution case was filed pursuant to final decree dated ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....mber 2, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1 The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment und......uality and standard and the said inspecting organisation conducted second and final inspection on 20th January, 1999 and found the garments good and fit to be exported. The defendant No.1, at this stage, informed that they will soon give necessary instruction for shipment of the goods/garments. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....on of the remaining 0.0325 acre of land, According to the learned Sessions Judge, there being a decree in favour of 1st Party opposite party No.1, regulating possession in his favour there was hardly any scope to interfere with the same in a proceedings under section 145 of the Code of Criminal Proc......their claim at the final hearing of the proceedings. According to him, the learned Sessions Judge practically usurped the jurisdiction of the learned Chief Metropolitan Magistrate at the very initial stage of the proceedings by his impugned judgment and order and thus caused miscarriage of justice. ......each other. There was an apprehension of imminent breach of peace and loss of lives. The Officer-in-Charge of the Boalia Police Station thus urged upon the Chief Metropolitan Magistrate to initiate a proceedings under section 145 of the Code of Criminal Procedure, attach the disputed property and ap..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... Moral conviction deprecated Findings of both the courts are totally wrong as it is a case of no evidence and both the Courts were swayed by emotions and not by any legal consideration and convictions by them is nothing but moral conviction not supported by an...... police upon investigation submitted charge‑sheet under section 6(1)/14 of the Nari-o‑Shishu‑ Nirjatan (Bishesh Bidhan) Ain, 1995 against the present appellants. At the initial stage the appellant Foran was absconding but before the trial started he voluntarily surrendered. Th...... record of evidence‑wheneven any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement o..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....eing in possession of the suit property in part performance of the contract and also being willing to perform his part of the contract the respondent is debarred from enforcing against the petitioner any right in respect of the suit property of which the petitioner has taken possession. The High Cou...... on that date taka one lac was not paid and as such no deed was executed on that date. So, we find that story of execution of two deeds of taka one lac each was introduced by the defendant at a later stage but there is nothing in the bainapatra itself about execution of two deeds, each of taka one l......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....on 12‑2‑1963 in Certificate Case No. 1767 of 1960‑61 and duly received the deliver of possession and since purchase have been possessing' the same with right, title and interest thereto without any disturbance from any quarter and converted some of the land into salt bed and some portion as ag......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... the income of the property to the winning party in the Civil Court. If the first party appellant Nos. 1 and 2 fails to file a suit as per above direction within the stipulated period of one year the proceeding under section 145 of the Code of Criminal Procedure shall stand dropped and the second pa..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....dant no.2, thereafter, sold some properties in favour of other defendants. Suit land was neither requisitioned nor acquisitioned in Land Acquisition Case No.3 of 1963-64 and Plaintiff did not acquire any title on suit property. Plaintiff Bank, also, got no possession on Suit Property. 8. Over ple......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......s.6-12. Md. Zakir Hossain with Khandker Khaliqur Rahman and Narayan Chandra Mondal, Advocate - For Respondent Nos.2and 13. First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
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