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....act finding process. On the basis of a fact finding process if
the commission of any offence is disclosed, the respondent authority is
entitled to institute any criminal proceeding against the person or persons involved
in the commission of the offence. In such a case before the initiation of......6. The
petitioner issued legal notice dated 15.02.2001 which was served on 18.02.2001
upon the respondent requesting him to supply within 72 hours of issuance of the
legal notice, (i) a copy of so-called Enquiry Report, if any, as reported in
the news item, to have been submitted by respondent......) and e(vi) read with Section 18 of the Ordinance, 1969
in respect of issuance of it's prospectus in August, 1996. It appears that the
petitioner in order to avoid the due process of law before the trial court
under the Code of Criminal Procedure or to circumvent the equally efficacious
alternat......CD) (2008) 57.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....…Petitioners Vs. The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwa......s Annexure-I to the Supplementary-Affidavit filed on behalf of the respondent Nos.2-5. We have gone through the said photocopy of the documents and find it difficult to understand who framed the so-called "নিযোগ বিধি” and how the order was granted by the authority. In reply to......ing out of I.R.O. Case No.33 of 2001 the petitioner Md. Iktar Farazi along with another colleague initially was appointed Cleaner on causal basis for 90 days against the permanent posts in the Industrial Shop, Engineering Department of Bangladesh Biman Corporation, Zia International Airport, Dha......ported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....opolitan Additional Sessions Judge convicted the appellant under item No.1 (kha) of the Table of section 19(1) of the Narcotics Control Act, 1990 briefly, the Act of 1990, and sentenced her with imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 mont......opy thereof shall be delivered to such person at his request. (5) Any persons who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered of tendered to him, shall be deemed to have co......esses. Thereafter he sent samples to the chemical analyst for examination and the chemical analyst reported that the substance contained heroin. 3. After receipt of the case record for trial, the learned Metropolitan Additional sessions Judge framed charge against the appellant under ......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ribunal Judge No.1, Kurigram in Special Tribunal Case No.37 of 2004 convicting the appellant under section 25-B(2) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 4 years and also to pay a fine of Tk. 1000/- in default to suffer rigorous imprison......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ce the case against the appellant and two other. 3. The police investigated the case and submitted change sheet against the appellant under section 25-B(2) of the Special Powers Act. 4. The trial court received the case record and took cognizance of the offence and thereafter framed c...... The Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prosecution case affects credibility of the witnesses and complete departure makes their testimony to be entirely discarded. Any departure or deviati..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Nazim Vs. State, 2006, 35 CLC (HCD)
.... Md. Abu Tariq J Nazim………………….......Appellant Vs. State………………….......Respondent Judgment March 29, 2006. Result: The Rule is made absolute. The Limitation Act, 1908 (Act No. IX of 1908); section 5 The condonation of del......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......t for 10(ten) years and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for 6(six) months more. 3. The learned Advocate for the convict-appellant submits that during the trial of Sessions case the victim appeared before the Court on 12-4-1990 and filed an affidavit stat......e. The Limitation Act, 1908 (Act No. IX of 1908); section 5 The condonation of delay always depends upon the discretion of the Court concerned. If the Court is satisfied as to the reason and explanation of the delay, it can be condoned.........................(5) Lawyers Involved:..Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....itioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment March 28, 2006. Result: The Rule is made absolute. Cases Referred to- Jafar Ali Vs. Khagendra Chandra Dutta and others, 1983 BLD......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......বহার্য” the plaintiff took settlement of the suit land. 8. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. The trial Court decreed the suit. 9. Defendant No.1 appealed against the decree. The appellate...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....n, 2000 as amended. The complainant appellant may seek legal relief for offence of sexual harassment under Penal Code before regular criminal court under the procedure separately and independently if so desires, but there is no scope for joint trial of the offence of sexual harassment under Penal Co......ng BD Ltd. of which she claimed to be Managing director with further allegation that her husband Mr. Bo-Sun Park had been involved in doing illegal things as to creation of false documents and her so called resignation forging her false signature. She alleged that her husband on her arrival pulled h......t may seek legal relief for offence of sexual harassment under Penal Code before regular criminal court under the procedure separately and independently if so desires, but there is no scope for joint trial of the offence of sexual harassment under Penal Code in Nari-O-Shishu Nirjatan Daman Tribunal ......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....ing the Rule. 2. Short facts are that the petitioner was charged and convicted under sections 8 and 9 (a) (b) (c) of the Nari-O-Shishu Nirjatan Ain, 1995 and sentenced to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 2,000/- in default to suffer rigorous impri......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......jatan Daman Bishesh Adalat, Narayangonj in Nari-O-Shishu Nirjatan Case No. 46 of 1996 by judgment and order dated 10.02.1998. The petitioner was absconding from the very inception of the case and the trial was held in absentia and on conclusion of trial the Adalat found the petitioner guilty under s......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....f a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and further imprisonment for two (2) months in default of payment......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......Justice. 3. In approaching and answering to the questions posed, thumbnail description of gravamen mounted against convict-appellant as projected in First Information Report and spelt out during trial may be taken into account which is hereunder: Gouri Dev was given in marriage with accuse......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Nirjatan Case No.43 of 1997 convicting the appellant under section 6(1) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred as Ain, 1995) and sentencing him to suffer imprisonment for life and further convicting him under section 9(ga) of the Ain, 1995 and sentencing him ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... under sections 9(kha),9(ga) and 6(1)/14 of the Ain, 1995 against the accused was framed and was read over to the accused on dock, who pleaded not guilty and claimed to be tried. 3. In course of trial the prosecution in all produced 11 (eleven) witnesses, of them examined seven and tendered fou...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....e contract…………………(31) Law under section 101 of the Evidence Act is that the burden of proof lies with the party who substantially asserts the affirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to......t is that the burden of proof lies with the party who substantially asserts the affirmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case……………….(32) A suit for specific performance is......ute and register the sale deed in respect of the suit property and hence the plaintiff has been compelled to file the suit. 11. The defendant no.3, Rajdhani Unnayan Kartipakha, appeared in the trial court and filed written statement, denying all the material allegations contained in the plai......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
.... MM Ruhul Amin J.- These appeals by leave are from the judgment and order dated 16.08.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 455 of 1981 making the Rule absolute. 2. Short facts are that the plaintiff instituted Title Suit No. 34 of 1970 in the 2nd ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......f enemy property. 6. The learned Subordinate Judge (now joint District Judge) dismissed the suit. The learned Additional District Judge, 5th Court, Dhaka affirmed the judgment and decree of the trial court. In Civil Revision No. 455 of 1981, the High Court Division by the impugned judgment mad......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and others .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....……Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
December 6, 2005.
Result:
The Rule is made absolute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate ......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......tual absentee, a show cause notice was
duly served on her, she was given the opportunity of being heard and was
dismissed in accordance with law on the recommendation of the Enquiry
Committee. The trial Court further held that the plaintiff did not give her
Dhaka address to the college authority......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepte......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......sh Rabi Das died in jail hazat and on conclusion of investigation work, charge-sheet was submitted against the sole accused Maku Rabi Das under section 302 of the Penal Code on 10-2-2002. 4. The trial Court also framed charge against the said accused person under section 302 of the Penal Code w......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed. Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)
....rosecution case, in brief, is that on the basis of enquiry that the petitioner accumulated a property amounting to Tk. 32,00,000/-(thirty two lacs) which was disproportionate or beyond the known sources of his income, the Bureau of Anti Corruption asked him to furnish proper statement in the pr......hich may extend to three and shall also be liable to fine." 6. On perusal of the aforesaid provision of law it appears that any person failing to furnish the statement when called upon under section 4(1) of the Act commits the offence punishable under the law. The validity......ment in the prescribed form under section 4(1) of the Act but the accused petitioner did not turn up to comply and as such an F.I.R. was lodged on the basis of which a case was started and after trial he was convicted as mentioned above by the learned Special Judge and Additional Metropolitan S...... Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Criminal Appeal No.2059 of 2001 a..Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....nt and order dated 19.1.1997 passed by the Sessions Judge, Gopalganj in Sessions Case No.33 of 1996 convicting the appellants under section 302 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer f......ased and a silver chain from the neck of the wife of the informant. After departure of the accused persons hearing hue and cry the neighbours came and heard the occurrence. Village doctor Kabir was called, who advised to shift the deceased to the hospital. On way to the hospital by boat the de......en accused persons including the appellants as accused. Police after investigation of the case submitted charge sheet against fourteen accused persons including the appellants, who were put on trial in the Court of Sessions Judge, Gopalganj, wherein at first charge was framed under section 3......D (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....iction of review does not allow a Court to re‑hear the matter afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law i......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......id 57.96% of the final bill and the plaintiff received the amount without any objection. After such acceptance by the plaintiff without any objection, the suit was not maintainable on merit. The trial Court decreed the suit declaring the impugned letter of defendant No.1 dated 20‑9‑92, Exhi......Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Parties Judgment August 2..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....ime. The present appellants got the said order of injunction stayed by moving this Division upon filing provisional Civil petitions for Leave to Appeal Nos. 34 and 35 of 1995. Since the order of stay so obtained from this Division covered the entire period of injunction passed by the High Court Divi......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......eals High Court Division passed an order of ad interim injunction for 8 weeks. The appeals were allowed by the order dated February 20, 1995 and an order of injunction was passed for 2 months and the trial Court was directed to dispose of the suits within that time. The present appellants got the sa......r as to costs. Ed. ..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....tional Sessions Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant and absconding accused Ful Banu under sections 314/34 of the Penal Code and sentencing to suffer imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer further rigorous impri......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568. ......ng some act intending to cause her miscarriage. He himself investigated the case and after investigation submitted charge-sheet against the appellant and absconding convict Ful Banu. They were put to trial in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 3......neral with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....al Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance underneath the law was equally adhered to. There must not be any reason o......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... life and also to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case as projected in the First Information Report and unfurled at trial is that on 19-10-1991, since at 12-00 noon PW 1, Khandokar Md. Kamal Hasan was collecting tol......5. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance undern..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
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