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Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....54 = 40 DLR (AD) 291, State vs. Khadem Mondal in 1990 BLD (AD) 228. 7. Mr. Abdur Rezaque Khan, the learned Additional Attorney General, opposing the petitions, on the other hand, submits that this is a case of custodial death, death of the victim caused while she was in ......f 1995), Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment both for individual ...... substance in the petitions. The two petitions are accordingly dismissed. Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ...... accounts, and had no relationship with the trading results of the company. The effect of the draft accounts as prepared by the majority shareholders, showed that the company had got a loss of over Taka 3 1 lac. According to the adjustments to the draft accounts the loss should have been in ......missal of Ashraf Ahmed as the executive director, no further information about the company was provided to the petitioners of the company matter; were not allowed to participate in the affairs and management of the company, no dividends or profits were paid to them. In that situation filed an ap..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....scellaneous Case No. 121 of 1997 granting succession certificate to the appellant under section 3721 of the Succession Act. 2. The case of the appellant, in short is that one Haladhar Chandra Dey, the proprietor of Ms H Dey Jewellers, a jewellery shop situated in Khulna, died in Calc......n (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent Jud......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....in law to sue for his debt without selling the pledged property and adjusting its price towards the payment of the debt. He has, however, to keep the property pledged intact so that he may be able to hand over the security to the pledger on payment of the debt by him". The learned Counsel has a......ale are less than the amount due in respect of the debt or promise, the pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee shall pay over the surplus to the pawnor." 7. The learned Counsel for the appellant, upon refe...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....(SC) 321; Mohammad Aslam vs. State, 19 DLR (SC) 445; Mokhlesur Rahman vs. State, 3 DLR 1984; Riasat Ali vs. Ghulam Muhammad reported in 20 DLR (SC) 339. Lawyers Involved: Khandakar Mahbub Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑......) of the Code Criminal Procedure that the appellant is entitled be enlarged on bail as the trial could not concluded within 360 days (the specified time) inasmuch as the appellant is in custody for over six years without any trial and there is no possibility of early trial of the case because th......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....) 209, 8 BLC (AD) 67. ......ompromise effected between the parties and the defendant No. 1 (of the instant suit) upon receiving Tk. 1, 500/- executed and registered a kabala on July 28, 1972 in favour of the plaintiff and made, over possession to him. Later on the defendant No.1 by forging signature of the scribe created an Ek...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....cting the application for rejection of the plaint without considering this aspect of the case. 8. Mrs. Saleha Islam, the learned Advocate appearing on behalf of opposite party No.1, on the other hand, submitted that though there is a bar under Order IX rule 9 of the Code of Civil suit after dis...... of action he brought the fresh suit on the same pleadings for the same reliefs on giving a different cause of action having no basis of substance to substantiate the same but only for the purpose of overriding or surpassing the law and the learned trial Court committed an error in rejecting the app...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....omised to return the cheque for the equivalent cash amount when the company would receive full amount of its claim from the Power Development Board. Accordingly, all undated cheque for Taka 5 lac was handed over to respondent No. 1. But the respondents went oil pressing Tofayel Ahmed for immediate p......to return the cheque for the equivalent cash amount when the company would receive full amount of its claim from the Power Development Board. Accordingly, all undated cheque for Taka 5 lac was handed over to respondent No. 1. But the respondents went oil pressing Tofayel Ahmed for immediate payment ...... favour of defendant Nos. 3 and 5. 16. PW 1 stated that before a sitting on 16‑11‑1986 the Managing Director Tofayel Ahmed informed that the company was going through financial crisis and the management is badly in need of money and requested PW 1 to pay him some money and on his reply that ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....d confines his argument to the contours set out by the counsels for the petitioners. He finds no error of law apparent on the face d record in the judgment under review. 21. On the other hand Mr. Abdur Razzaque, the learned Counsel appearing for the respondents vigorously opposed the re...... 'Cha' of original memo (Annexure-'C) of the same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer from huge amount money every year. 9. The further case ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....sion that since the signatures on the agreement, Ext. 1 and part payment of consideration money were proved by the witnesses of the plaintiff, the exhibit is a genuine document. It also found that handing over all the original documents of the property as well as possession of the property by th......ation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was vested in the Government as an abandoned property. Immediately after independence the suit house was taken under......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
....
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......notice is directed against a trespasser to surrender possession and not under Ordinance No. LIV of 1985. Admittedly, the property was enlisted as abandoned property in the 'Ka' list which means that Government was in possession of the building. Now it appears that after disposal of the previous proc......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
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Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....ies which were ante mortem and homicidal in nature. In cross-examination P.W. 6 stated that sub conjunctional haemorrhage may be caused due to injury or disease. He did not get any dislocation in the hand nor he found any tissue nor any injury on internal organ. The congestion found by him might be ......ction 304 of the Penal Code after investigation of the case. 4. Trial Court framed charge under sections 304/34 of the Penal Code against the appellants and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution examined ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....isjunctively then only the grounds of detention shall have to be placed before the Advisory Board and in that case the detenue will be deprived of a hearing and thereby the Government will be given a handle to place the materials and information of its own choice before the Advisory Board, which wil......Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....e MOU dated 2‑6‑2000, the possession and control of the beneficial ownership of the lease‑hold interest in the plant and machineries acquired pursuant to the MOU dated 14‑3‑1999, were to be handed over to the respondent-company. But on receipt of the said plant and machineries, the respond......ated 2‑6‑2000, the possession and control of the beneficial ownership of the lease‑hold interest in the plant and machineries acquired pursuant to the MOU dated 14‑3‑1999, were to be handed over to the respondent-company. But on receipt of the said plant and machineries, the respondent-com......ondent-company for the years 1996 to 1999 are enclosed with the affidavit dated 12th February, 2002, in order to show that its net worth has been increasing consistently and that due to change in its management, the preparation of the auditor's report for the years 2000 and 2001 has been delayed whi..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....hat while the respondent was thus in possession of the house on the basis of an agreement. for sale, Ministry of Works served notices dated 24-12‑1987 and 17‑1‑1988 directing him to hand over possession of the house as an abandoned property, that the respondent submitted papers bef....... No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or term......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......t for, from the Ministry of Land since cancellation by the Central Committee of Jatiyo Motshajibi of the previous Committee and appointment of new President has given rise to some difficulties in the management of the Jalmahal. 2. A Division Bench of the High Court Division discharged t..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
State Vs. Harish, 2002, 31 CLC (HCD)
....om the latrine and identified the dead body of Hazera Begum. Hazera Begum was wearing a green half-pant and white yellow print blouse was found twisted in her neck and injuries were found on the left hand, little finger of right hand and hip and her private part was found torn. Thereafter, the infor...... Harish and Harun might have kidnapped his daughter. At about 1-00 AM, PW Abdul Jabbar started shouting that he found a dead body in his Kachcha latrine and the informant and others went there and recovered the dead body from the latrine and identified the dead body of Hazera Begum. Hazera Begum was......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
...., in the file of the Ministry. It appears and is also evident from the UO Note dated 14-10- 1998 sent by the then Secretary Mr. Akmal Hossain to DG, BTV, that the evaluation report was physically handed over by Mr. Anisur Rahman, the then acting Chief Engineer, BTV, to Mr. Akmal Hossain, the t......s court under constitutional mandate is duty bound to preserve and protect the rule of law. The cutting edge of law is remedial and the art of justice has to respond here so that transparency wins over opaqueness…..(72) Gross violation of fundamental rights should shock the ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....ing the suit land. The defendant‑petitioners have been threatening to dispossess them from the suit land. The defendants in the written statements stated that the suit land belonged to Jadob Chandra Roy who purchased the same in the benami of Radhika. Khitish Chandra succeeded the suit land ......it calls for decision as to whether the plaintiff have 'incidental title and exclusive possession' of the suit land. So, the submission made by the learned Counsel for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation.&n......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....when the age of the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15) Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53...... Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamul Hoque on 9‑7‑......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
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