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Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
.... due to their prolonged detenÂtion in jail and facing starvation and thus, crave the discretion and mercy of the Court to consider the sentence, purely on humanitarian ground to save the family from complete destruction and for securÂing ends of justice. In view of the above, the submissions of...... Vs. The State………………………………………………….....Respondent Order February 24, 2010. Lawyers Involved: Khandker Saiful Huq, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal P..Category: Criminal Law | Date: | Hits: 43
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....egister which shows that the executant of the above deed is Abu Sayeed and not Hedayetullah and so by the said deed, Majed Ali did not obtained any title in the suit land. Further, Abu Sayeed being a complete stranger to Beraful Nessa, it could not be expected from her to produce him before the cour...... Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants (In both cases) M. M. Abdul Qyayum, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent No. 3 (In both cases) Ex-parte- Respondent Nos...Category: Property Law | Date: | Hits: 109
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....nd it is not a valid marriage. An invalid and irregular marriage is not a marriage and it does not create any civil right and the offspring of such marriage is not a legitimate child. Marriage is not complete without co‑habitation. Since there is no co‑habitation it is not a valid marriage. Even......a woman related to him within the prohibited decrees the marriage would be void ab initio……….and invalid marriage is one where the parties are not liable under all inherent capacity or absolute bar, or where the disability is such as can be removed at any time. The issues of such unions are le..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....tness of the occurrence. 7. The learned Advocate appearing for the condemned prisoner submits that there is no legal evidence on record to substantiate the charge. He further submits that there is complete departure of the prosecution case from that of the first information report version and in ......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....is not inclined, to admit him to bail. 28. Section 167 of the Code requires the police officer who apprehends the person to forward him to the nearest Magistrate, if the investigation could not be completed within the period of twenty-four hours fixed by section 61 and if there are grounds for be......¦â€¦â€¦â€¦.Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 ..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....peal No. 3161 of 2002 in the High Court Division and after hearing both sides appeal was dismissed on merit vide judgment dated 27‑11‑2002 with direction on Nari‑o‑Shishu Nirjatan Rajshahi to complete the trial of the case within four months from date of receipt of the order failing which ac......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....nvestigation, examined witnesses under section 161 of The Code of Criminal Procedure. He could not conclude investigation in view of his transfer. 18. PW 12 Sub‑Inspector of Police Prasanta Paul completed investigation and laid charge-sheet against accused Shibu Pada and other accused persons u......ncy. Ratna Ram gave birth to a child. 15. PW9 Arati Rani Achariya, mother of Ratna Rani, gave evidence that accused Anukul on the pretext of straineci relationship between her husband and Ranjit Aebariya asked her to keep her daughter Ratna Ram at his house. Accused Shibu on the date of occurrenc..Category: Criminal Law | Date: | Hits: 64
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... Writ Petition No. 3828 of 1992. By an order dated 2‑8‑94 this Division directed the Government to make final assessment of compensation of the land within a period of six months from date and to complete the acquisition proceeding by gazette notification. When the respondents did not take any s......eration on 15‑8‑63, the former retrospecÂtively and the latter prospectively?" The Appellate Division held that- "The sub‑sections clearly says that the step so taken and notice given is barely a proposal to acquire. Sub‑section (6) provides for the decision of the Government to acqui..Category: Property Law | Date: | Hits: 77
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
.... 19. We have noticed that the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping himself in complete darkness and then presenting him with a fait accompli. With respect we like to observe t......s such, it cannot be said with certainty that the petitioner was a fugitive on 20‑1‑2003. More so, the petitioner, even if is an accused in another criminal case, shall not, according to us, be debarred from seeking relief from this Court in an application under Article 102 of the Constitution, ..Category: Criminal Law | Date: | Hits: 63
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....9 72 (Karachi) 433 it has been observed, the record of one proceeding is not to be treated as a part of the record of another proceeding and the record of each proceeding should be self-contained and complete. Therefore, we find, the leaned Additional Sessions Judge wrongly exhibited the seizure lis...... or a medical report or a confessional statement of a case can be used in another case. He simply submits that the Court has accepted the same as evidence in this case and therefore there is no legal bar in using the same as evidence in this case. If the evidence Act does not permit to admit a docum..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
...., 1995 BLD 290. Informant PW1 Abu Syed Gazi stated that he recognised and identified appellants Ayub Ali and Waliullah by light of torch focused by appellants themselves whereas prosecuÂtion gave a complete god-bye to First Information Report case at the time of occurrence and Sought to develop th......latter to face the consequences. Following previous discord on 20‑3‑1994 at 2:00‑2Â:30 AM accused Babul Sikder, Selim Sikder, Abdus Salam Kha, Alam Kha, Dalu Kha. Farid Kha, Zamal and Abdul Jabbar Howlader and 8/10 unknown persons being armed with large chopper dagger, pipe‑gun and other de..Category: Criminal Law | Date: | Hits: 54
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....or orders being subordinate legislation must give way to the provisions of the Act. In the case of Union of India Vs. Satyendra Nath, AIR 1955 Cal 581, it was observed: "(13) I think we have now a complete picture of what the law should be. If the rules concerned were in the Original schedule, th......te of the SRO i.e. 2‑12‑1999. It is on this count that the NBR eventually denied the benefit of tax exemption under section 46A to the petitioner taking the plea that the petitioner company was debarred from asking for tax exemption inasmuch as the statutory period of 180 days within which the a..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ances of each and every case. It is neither desirable nor permissible to pick out a word or sentence from the Judgment divorced from the context of the question under consideration and treat it to be complete law declared by Court. The Judgment might be read as a whole and the observation from the J......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....1-95. Simultaneously, Mr. Saleh Ahmed, Superintending Engineer, Mymensingh was appointed as an Enquiry Officer vide letter dated 31-1-94 by the respondent No. 5 directing him (the enquiry officer) to complete the enquiry within a month and the petitioner was asked to submit his explanation to the En......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....es the rule of pure Hindu Law that delivery of possession is essential to the validity of gift is abrogated by section 123 of that Act. Under that Act delivery of possession is no longer necessary to complete a gift, nor is mere delivery sufficient to constitute a gift except in the case of movable ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ..Category: Property Law | Date: | Hits: 51
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....ve together. 17. The law in this respect is well settled. A Mahomedan may dispose of all his properties by way of gift in favour of anybody, even to a stranger. But a gift in order to be valid and complete, there should, firstly, be a declaration of gift by the donor in favour of the donee, secon...... his purchase on 11-11-1980 is in possessions if the suit lands. The further case of the plaintiff is that the alleged deed of gift by the defendant No.3 dated 22-3-1975 in favour of defendant No.5 Babar Ali was never acted upon but the defendant No.5 subsequently on 14-7-1982 sold 0.24½ acres of l..Category: Property Law | Date: | Hits: 72
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... profitable if we reproduce Articles 104 and 108 of our Constitution. "104. The Appellate Division shall have power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of secur......n (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, Sukhdev Singh V. Teja Singh, AIR 1954 SC 186, Emperor V. B.G. Horniman, AIR 1945 All 1 p. 4 (M), Andre Paul and Terence Ambard V. The Attorney General of Trinidal and Tobago, AIR 1936 P.C. 141, (1852) 8 Moo P.C. 47, Pritom..Category: Criminal Law | Date: | Hits: 164
....lause 8 of the Rule 43 and the petitioners would be automatically exonerated of the charge framed against them and the persons concerned is as well liable to be proceeded against for their failure to complete the enquiry proceeding within the specified period.
3. The respondents contested the Ru......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
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Category: Employment/Service Law | Date: | Hits: 87
....er for holding local investigation cannot be said to be arbitrary and perverse and the same appears to have been exercised properly and judiciously methodized by analogy and disciplined by system. In complete agreement with the reasons and conclusion reached by the learned Assistant Judge, I am of t......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
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Category: Property Law | Date: | Hits: 68
.... of the Chamber of Commerce.
23. Referring to sections 3, 4, 8, 8A, 9.10 and 12 of the Trade Organisations Ordinance Mr. Amin-ul-Islam submits that the Trade Organisations Ordinance has provided a complete framework through which a Trade Organisation is to function,
24. By section 3 of the Ord...... the return of the plaint/application alleging, that the said Chamber of Commerce being a Trade Organisation licensed under the Trade Organisations Ordinance 1961, the application under section 43 is barred by section 12 of the Trade Organisations Ordinance, 1961.
22. Mr. M Amin-ul-Islam, the lea..
Category: Company Law | Date: | Hits: 198
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