Search Options
Judgment Advanced Search
Displaying 6061-6080 of 7133 results.
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....tement and moreso, confessional statement of co-accused cannot be used against other co-accused for their conviction without independent corroboration and, as such, there has occasioned failure of justice. 5. Mr Ozair Farooq, learned Counsel appearing on behalf of the appellants, submits,......ssional statement he involved other co-accused appellants and also there is corroborative evidence of the witnesses including PW 9 Abdur Rahim, PW 12 Amir Mridha and PW 13 Abdul Barek and, as such, according to the learned Deputy Attorney-General, the judgment does not suffer from any error of l......; Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellants. Golam Kibria, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent. Crimin......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. ......rom there and thereafter Officer-in-charge of Chatak Police Station lodged an first information report with the said police station under sections 3, 4 and 6 of the Explosive Substances Act, 1908 and accordingly, Chatak Police Station Case No. 11 dated 26-3-1999 was started and the police submitted ......lant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing...... 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. ......the definite case of the plaintiff that Abdur Rashid proposed to sell the land and the plaintiff agreed to purchase the same for the price claimed by Abdur Rashid and accordingly plaintiff purchased stamp for drawing up the deed but day following purchase of t......Single Bench of the High Court Division in Civil Order No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated October 18, 1998 of the 3rd Court of Subordinate Judge (now Joint District Judge), Mymensingh in...... 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. ......as redundant as it has no relevancy with the subject matter of the rules so framed. It appears that the High Court Division did not consider the materials on record in their proper perspective and accordingly, arrived at an erroneous decision which calls for an interference by this Court. ......d, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondents. [In CA No. 127 of 2002]. Civil Appeal No. 127 of 2002 with Civil Petition for Leave to Appeal No. 400 of 2003. Judgment &......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)
...., the learned Counsel submits that it has pledged that it shall be a fundamental aim of the state to realise in a democratic process a socialist society..................... in which .........justice, political, economic and social, will be secured for all citizens. He emphasised on t......s and inconsistent with the provision of law, inasmuch as, in that case, the process of enumeration of voters by door-to-door visit to ascertain who are fit to be entered in the electoral roll according to Article 122 of the Constitution and section 7(1) of the Electoral Roll Ordinance. 198......ent May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advoca...... 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)
.... the two appellants constitute, at best, an offence of culpable homicide not amounting to murder punishable under section 304, Part I of the Penal Code. We are, therefore, of the view that ends of justice would be met if the two appellants are convicted thereunder. 15. In view of the disc......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. ................................Respondents Judgement July 19, 2005. Lawyers Involved: Md Nawab All, Advocate-on-Record—For the Appellants. Abdur Rouf, Deputy Attorney-General, instructed by Mvi Md Wahidullah, Advocate-on- Record—For Respondent No. 1(In ......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. ......t the accused petitioners. The accused petitioners surrendered and have been released on bail. Thereafter, the case has been transferred to a Magistrate, 2nd Class for disposal, charges were framed accordingly under sections 183/186/188 of the Penal Code to which the accused petitioners pleaded ......late Division (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent ......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. ......found that this Exhibit (B) has not been attested with any original or duplicate copy and the Notary Public attested the same merely collecting the execution of the affidavit from the memory. And, according to the trial Court, it is obvious that this declaration, of oral gift Exhibit (B) has not...... Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &......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)
..... He contended that the people of BanglaÂdesh in the proclamation of independence at Mujibnagar dated 10.4.71 incorporated fundamental norms of Government of the country including equality, soÂcial justice, humanity and sovereignty of the repubÂlic which were reaffirmed and expounded in the preÂ...... has further submitÂted that the original Article 100 preserved the unitary character of the Republic and in Article 100 basic conception was of Session and it was for the Chief Justice to determine according to requirement of areas where the Sessions of the High Court Division could be held. It wa......n Civil Appeal No. 42 of 1988) Jalaluddin....................AppeÂllant (In Civil Appeal No. 43 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary to the Ministry of Law and Justice, Bangladesh SecreÂtariat, P.S. Ramna, Dhaka & other ……â€......f Saw for all citizens and in furtherÂance of that aim Part VI and other provisions were incorporated in the Constitution. By the imÂpugned 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 acÂcused 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...... High Court Division is set aside. Conviction and sentence of acÂcused 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......set aside and he is acquitted of the charge. The Code of Criminal Procedure, 1898 (V of 1898), sections 164 & 342 It is in the confessional statement that Dablu stated that he along with Fiktoo and Sukkur went to commit the crime. In the confessional statement of Fiktoo @ Zahurul Hossain h......ill be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an inÂstinctive 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)
....he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......e Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. RahÂman J A.T.M. Afzal J Md. Badruddin Moral and others................ Appellants Vs. Santosh Kumar Sen and others................. Respondents Judgment November 2, 1987. The Code ......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 othÂers 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...... evidence of 14 witnesses including the MediÂcal Officer who held autopsy on the dead body of Halima Khatun, rejected the defence plea and held the appellants guilty and convicted and sentenced them accordingly. 4. Leave was granted to consider the appelÂlants' contention that the defence plea ......pellants Vs. The State……………………………………Respondent Judgment January 30, 1989 The Penal Code, 1860 (XLV of 1860), sections 302/34 There are several neighbours to the place of occurrence who could have been natural witnesses about the incident, but they were n...... 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......i paddy which was forciÂbly reaped by the appellants on the date of occurÂrence, 5th Baishak, corresponding to 18 April (1980). Mr. Malek contends that this evidence does not sound true, for, when, according to the kabala the land was purchased in Falgun, it could not have been cultivated for the ......................Respondents Judgment January 29, 1989. The Penal Code, 1860 (XLV of 1860), sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved against Tayeb Ali and Ramjan Ali. Hence they are acquitted of the c......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 BuildÂing 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. ...... conditions of the mortgage deed are binding on the plaintiffs. On appeal the appellate court below disÂmissed the appeal of the Corporation and allowed the cross-appeal filed by the Respondents and accordingÂly decreed the suit in full. The appellate court noticed that certain terms and condition...... article 37 The Transfer of Property Act, 1882 (IV of 1882), section 58 The Stamp Act, 1899 (2 of 1899), Section 2(17) It is now well settled that a mortgagee, in the absence of any contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgag......n challenged in this suit and prayed for relief in the terms mentioned above. 5. The suit was contested by the appellant CorÂporation 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
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ...... as the plaintiff with sympathy at the time of making settlement if they arc one of those seeking settleÂment. The answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 D......rt Division that plaintiff’s right, if any, has extinguished with the promulgation of P.O. 135 of 1972 by which section 86 of the Act was substituted is not wrong. However it is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 ......ber, 1972. 86. (1)...................................................................................................................... (2) Notwithstanding anything contained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......nce which provides that in the abÂsence of any contract as to when rent is to be paid, the rent for every month is to be paid by the 15th of the month next following the month for which rent is due; accordingly she offered the rent of January which was refused by the respondent whereupon she sent i...... J M.H. RahÂman J A.T.M. Afzal J Maria Keshi D'Rozario…………………………….......................... Appellant Vs. Hassan Movies Ltd., repÂresented by its Managing Director, 12 Banga Bandhu Avenue, P.S. Ramna, District Dhaka…………………………Respondent J......27, 1988. The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 2 (18), 18(5) and 19 The Transfer of Property Act, 1882 (IV of 1882), Section 111 (g) & 116 There is no provision of law for determining the tenancy on the ground of the tenant becoming undesirable unless the tenant c..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.................................... Appellant Vs. The Chairman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remar......d was himself a candidate for promotion to the post of Director and he was recomÂmended by the said board for promotion. The appelÂlant stated that the promotion of respondent No. 2 was illegal as, according to government notification dated 1.1.81, seven years experience as Assistant Engineer was ......epresentation. A little extension of the wellknown rule of natural justice, audi alteram partem — no one should be condemned unheard — does not permit this. Such adverse remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-e......motion. It has to be earned and cannot be enforced. Scarcely ever a court will interfere in matters of promotion unless it can be shown that the selection for promoÂtion has been in violation of any law or minted with any debilitating factor, namely, bias, malafide or unÂfairness. 13. Upon a sc..Category: Employment/Service Law | Date: | Hits: 89
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ppellants contend that the learned SinÂgle Judge of the High Court Division passed the imÂpugned order without applying his mind and without stating clearly that it was expedient in the interest of justice to make a complaint. It is further contended that no case was made out under section 476 of ......ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......ment November 1, 1987. The Code of Civil Procedure, 1908 (V of 1908), section 96(1) (3) The Code of Criminal Procedure, 1898 (V of 1898), section 476 The High Court Division issued a suo-moto rule upon the appellants to show cause as to why complaints should not be lodged against them und......ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......me Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Additional Deputy ComÂmissioner, Revenue and Assistant Custodian Vested Property, Chandpur.................... Appellant Vs. Tafurnessa wife of Ali AhÂ......hat the vendor was physically present in Bangladesh at that time. It will also be presumed that the registration was done under section 60 of the Registration Act on compliance of all requirements of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evid..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....Ex-officio means: Ex-Officio (ex of-fishe-o). From or by virtue of the office. A right or privilege in an office arising from one's status as the holder of another office, for example, the right of a justice of the peace membership on a town board. Mozlery & Whiteley's Law Dictionary, 9th Edition pa......ction 71 CompoundÂing of offences, section 72 Cognizance of offences, section 75 Duties of Police, section 81 Public serÂvants and section 82 Protection of action taken in good faith-all these show according to Mr. M. NuÂrullah the nature of the business of the Union Parishad and in the absence o......ate A.I.R. 1971 All 77(FB). Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, inÂstructed by MJK. Khan, Advocate-on-Record—For the Appellants (In C.A. No. 1 of 1989). M. Nurullah, Attorney-General with B. Hossain, Deputy Attorney General, instructed by Mr. M. R. Khan, Advocate-on-R......an'. The legislature did not say so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in voting but not authorised by law, was not passed validly and legally because the composition of the Upazila Parishad meeting was ..Category: Election Law | Date: | Hits: 128
19051903190219011900189818971896189518941893189218901889188818871886188418821881