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Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......a minor offence in relation to section 302, Penal Code and (ii) whether section 238 of the Criminal Procedure Code was rightly invoked in convicting the appellants under section 364/34 in the absence of any charge thereunder. 2. The appellants were placed on trial on a charge under s......ed to the accusation leveled against the appellants while examined under section 242 Cr.P.C. "The accusation against them was that they between 25.3.1971 to 16.12. 1971 within the jurisdiction of Sitakunda P.S. collaborated with the occupation Army of Pakistan by participat..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......een 4.-00 hours and 6-10 hours of 4-3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was framed in the absence of the convict, since he was absconding and did not appear till the date of conviction, aft......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......cide by taking poison. Injuries as noted in the inquest report indicated that she met with homicidal death. In the autopsy report it was definitely opined that Asia did not take poison. Therefore, absence of any injury by bamboo stick did not cast any doubt in the prosecution case of murder. The......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls on different categories as per law triable by separate courts with separate jurisdiction. Lawyers Involved: Sk Afzalur Rahman, Advocat..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ...... Division that the Court of Settlement had not been constituted when the respondents filed application before that Court. It was subsequently constituted and their petition was considered in their absence without serving any notice on them. It was found that the addresses of the respondents were....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ully the Presiding Officer in collusion with the appellant counted the votes, prepared statement in Form ‘K’ without taking signature of the polling agent in the result sheet which was total violation of Rule 39(4) of the Union Parishads (Election) Rules, 1983 (hereinafter briefly th...... his agent intentionally remains absent with any motive during counting votes and preparation of the ‘K’ form can not be delayed to frustrate the process of the election and their such absence shall not render the election process unlawful………(22 & 23) &......3, Citholia Union Parishad by the Returning Officer (respondent No.6). 3. Before publication of the result the respondent No.1 moved the High Court Division in its constituent jurisdiction challenging declaration of the respondent No.6 declaring the appellant as an elected C..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......e plaintiff-bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants will be at liberty to adduce evidence on th..
Category: Civil Law | Date: | Hits: 109
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......ents Judgment January 7, 2001. The Companies Act, 1913 (VII of 1913), Section 38 In the absence of any definite statement from the respondent about the delivery of the share certificate,......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ..Category: Business or Commercial Law | Date: | Hits: 97
Hasan Azam and others Vs. Rabeya Khatun and others, 2001, 30 CLC (AD)
....f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ...... The learned judge of the single bench rightly set aside the ex-parte judgment on the grounds of i) prevented by sufficient cause from appearing at the time of hearing and ii) for absence of the learned advocate. There is nothing to interfere. Lawyers Involve......f no substance. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 87. ..Category: Procedural Law | Date: | Hits: 104
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... which belonged to the company or in which the other shareholders are entitled to participate. In the instant case it was found from the facts, the materials placed before the Court that there was total mismanagement and the affairs of the company were being conducted in a manner prejudicial to ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......n is entitled to get a show cause notice from whose custody the goods in question is seized. The goods being seized from an abandoned truck and therefore the order of confiscating the goods in the absence of the show-cause notice under the section could not make the order of confiscation as ille......d the Tribunal having disbelieved the claim of the writ petitioner by assigning reason which being a finding of fact, the High Court Division erred in law in setting aside that finding in its writ jurisdiction. It was also noticed in the leave granting order the submission of the learned Advocat..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......ed 16-8-89 upon misconception of law of amendment of pleading provided in Order VI rule 17 of the Code of Civil Procedure the learned Judge of the High Court Division in exercise of his revisional jurisdiction under section 115(1) of the Code of Civil Procedure has rightly set aside the order of..Category: Property Law | Date: | Hits: 58
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......at the disputed shop room was necessary for expansion of business with his sons and for repair. 9. The learned Judge of the High Court Division taking the view that revisional jurisdiction under section 25 of the Premises Rent Control Act is wider in scope than that of revi..Category: Property Law | Date: | Hits: 69
Government of Bangladesh Vs. Nurul Haque Miah and another, 2001, 30 CLC (AD)
....the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......the facts of this case. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 59. ......by petitioner No. 2 the Secretary. Internal Resources Division and Ex officio Chairman, National Board of Revenue vide his Memo No. 3(27) Admin 3/76-453 dated 29-7- 1991 AD was illegal and without jurisdiction. 3. The case of respondent No. 1 is that, he joined the service a..Category: Administrative Law | Date: | Hits: 93
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......at she managed her property till that date and that the said respondents are owning and possessing the property since that date as purchasers thereof become also highly probable and more so in the absence of any positive evidence suggesting otherwise and held that the finding of the Court of Set......pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ..Category: Property Law | Date: | Hits: 69
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......d of such discovery, but it exacts very strict conditions so as to prevent litigants lying on their oars when they ought to be looking for evidence-it enjoins the Judge to require the facts as to the absence of negligence to be strictly proved, and it makes the Judge who tried the case final on such......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......p; 2. The respondent instituted the case for a declaration that the notification dated 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6-96 shall be treated as spent on duty an......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......ion (article) 4 of the Order when he is authorised by the Commission itself. A verbal direction of the Chief Election Commissioner to an individual member to perform functions of his office in his absence as Acting Chief Election Commission cannot authorize him, in the absence of authorization f......r exercising and performing any powers or functions under this Order he must get authorisation from the Commission itself, otherwise his action under the Order will be coram non judice and without jurisdiction. As a matter of fact the functions that the acting Chief Election Commissioner was doi..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....the respondent Nos. and 2. It is also the case of the appellants that by Organisation Order 13 of 1995 posts of Junior Officers Maintenance in Pay Group V has been distributed proportionate to the total number of personnel in the 3 shops of GSE Department i.e. Mechanic, Electrician and Bench Fit......the 6 posts of Junior Officer Maintenance in Pay Group V at the ratio 3: 2: 1 in the background of the total number of personnel, in the respective shops cannot be considered without basis or that absence of rationale in the distribution of the 6 posts in the 3 shops. In that view of the matter ......ment (GSE) Division issued on 30-12-1995 (Annexure-G to writ petition) so far the same relates to the petitioners therein respondent Nos. 1 and 2 in Appeal No. 25 of 2000) illegal, void and without jurisdiction. By the said judgment promotion of respondent Nos. 5 and 6 (appellants in Appeal No. 2..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....at he was not given any opportunity to cross-examine the witnesses from the prosecution and also was not allowed to examine his own witnesses and that there was no second show cause notice thereby totally depriving the respondent of the opportunity of self defence and the second show cause notic......tating that he was a warder in Pabna jail and on 23-10-1992 the Superintendent of Pabna jail ordered for drawing up of a departmental proceeding against him and he himself held inquiry in the absence of the respondent and submitted a report to appellant No. 2 Deputy Inspector General of Pri......out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ..Category: Administrative Law | Date: | Hits: 137
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