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State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......and 32 of the Customs Act, 1969, under section 8(1) of the Foreign Exchange Regulations Act, 1947 and under section 3(1) of the Imports and Exports (Control) Act, 1960 read with section 25B of the Special Powers Act, 1974. The respondent's defence was that he wanted to pay the duties on the arti......strate, Dhaka. The application for bail was rejected and the respondent preferred Criminal Miscellaneous Case No.5229 of 1997 before the Court of Session, Dhaka and the learned Additional Sessions Judge, 7th Court, Dhaka by his order dated 26-11-1997 also rejected the prayer for bail. Against th..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ugned judgment and order dated 4-1-2005 passed in Criminal Miscellaneous Case No. 8505 of 2002 discharging the Rule under section 561A of the Code of Criminal Procedure for quashing the proceeding in Special Case No. 73 of 2002 corresponding to Metropolitan Special Case No. 86 of 2002 arising out Ra......ashing the proceeding in Special Case No. 73 of 2002 corresponding to Metropolitan Special Case No. 86 of 2002 arising out Ramna PS Case No. 23(1) 02 now pending in the Court of Metropolitan Sessions Judge, Dhaka. 2. An first information report was lodged on 8-1-2002 by one Md. Abdul Hai, Anti-C..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......judgment and order of the High Court Division dated 14-12-1997 passed by a Division Bench rejecting Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Court of Sessions Judge, Khulna. 2. The facts as stated in the petition, in short, are that on 5-11-1993 PW 2, one..

Category: Criminal Law | Date: | Hits: 67

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......sion and anr.........................Appellants Vs. Amora Holding Inc. Panama and other............................Respondents Judgment July 14, 2004. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25 The Customs Act, 1969 (Act No. IV...... a Custom Inspector, also filed a complaint petition on 2-1-86 against the Captain and the crew members of MV Alba and others under section 25B of the Special Powers Act, 1974. The learned Special Judge, however, on hearing of the case by his judgment and order dated 22-5-88 acquitted the accus..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....e said Samity was registered under the Co-operative Societies Act, on 21-3-1974 vide Regd. No. 2109; that all the aforesaid 39 members of the Samity as landless peasants filed applications to the Sub-Divisional Officer, Habigonj in their individual capacity in separate printed and prescribed form fo......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......nsider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusal of the impugned judgment, we find that learned Judges of the High Court Division having meticulously considered the case of the parities, the provi..

Category: Property Law | Date: | Hits: 77

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......roperty which is the subject-matter of the suit and as to possession of such properties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revisional application into a f..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......s fact of demand for dowry and torture of the victim for dowry would have found place in the Diary , Material Exhibit 1(c), maintained by the victim. 36. As it appears, the learned Sessions Judge on the finding that PWs 2, 3, 5, 6, 7, 12 and 14 corroborated PW 1 for proving the prosecutio..

Category: Criminal Law | Date: | Hits: 59

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... the High Court Division made out a third case of acquiring title by the plaintiff by adverse possession and made the Rules absolute and decreed both the suits. We do not understand how the learned Judge of the High Court Division could make out a third case though the plaintiff himself did not ..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......s and successors namely, wife Hazera Khatun, daughter Baby Tabasun (minor) and son Md. Kalim (minor). A succession certificate was issued in Succession Certificate Case No. 620 of 1978 by Subordinate Judge, 3rd Court, Dhaka in support of aforesaid heirs and successors of deceased Abdul Hafiz. On 9-1..

Category: Property Law | Date: | Hits: 108

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......e discharge of his official duty, no court shall take cognisance of such offence except with the previous sanction of the Government. 18. In this connection the provisions of the Police Officers (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXIV of 1976) may be referred to. Sections 2, 4......994 under section 302 and other sections of the Penal Code against the two accused petitioners and others. 3. The case was registered as Sessions Case No. 23 of 1995 and was tried by the Sessions Judge, Patuakhali. 4. The trial Court after trial convicted the two accused petitioners under se..

Category: Criminal Law | Date: | Hits: 78

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......p;           Md. Fazlul Karim J.- The defendant-petitioner seeks leave to appeal against the judgment and order dated 22-5-2001 passed by a Single Judge of the High Court Division in Civil Revision No. 4924 of 1998 discharging the Rule and confir..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......It is also undisputed that in Ramna PS Case No. 44 dated 20-11-1994 police on completion of investigation submitted final report against the appellant and the same was duly accepted by the learned Special Judge, Dhaka by order dated 30-11-1997. Hence, in the eye of law, there is no criminal case......lso undisputed that in Ramna PS Case No. 44 dated 20-11-1994 police on completion of investigation submitted final report against the appellant and the same was duly accepted by the learned Special Judge, Dhaka by order dated 30-11-1997. Hence, in the eye of law, there is no criminal case pending..

Category: Administrative Law | Date: | Hits: 128

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....s not challenged in appeal; but he has been included among the accused‑respondents in this appeal by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He allege......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......he offence and forwarded the case to the Court of Sessions, Mymensingh, where it was numbered as Sessions Trial Case No. 882 of 1991 and was then transferred to the 1st Court of Assistant Sessions Judge for disposal. The learned Assistant Sessions Judge got these Sale‑Deeds seized along wi..

Category: Criminal Law | Date: | Hits: 68

Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)

....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......inal Appeal No. 410 of 1991). Judgment:             MH Rahman J: The accused-petitioners were convicted under section 25B of the Special Powers Act, 1974 and sentenced to suffer rigorous imprison­ment for three years each an......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..

Category: Criminal Law | Date: | Hits: 50

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....al bodies changing names of some of them, such as, District Boards were named District Councils, Union Boards were named Union Councils. Two new bodies were created‑Thana Council for each Thana and Divisional Council for each Division. Excepting the Union Councils all other local bodies were const......tional pattern, both at the national level and at the local level. And there lies the second step. Local Government "shall be entrusted to bodies, composed of persons elected in accordance with law". Special representation may be given to "peasants, workers and women", as enjoined by Article 9, but ...... Among other things, they alleged that Article 9 requires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all th..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......p;    ATM Afzal J.- This appeal, following leave, by the decree‑holder‑appellant Sonali Bank arises out of the judgment and order dated 1st April, 1990 passed by a Single Judge of the High Court Division in Admiralty Suit No. 30 of 1984 vacating the order of attachment ..

Category: Business or Commercial Law | Date: | Hits: 124

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......ready became vested and was in possession of the lessees under the Vested Property Authority. On this allegation the accused including respondent Nos. 1 and 2 were put on trial in the Court of the Special Judge, Munshigonj to answer charges, inter alia, under sections 467/471/109 of the Penal Co......came vested and was in possession of the lessees under the Vested Property Authority. On this allegation the accused including respondent Nos. 1 and 2 were put on trial in the Court of the Special Judge, Munshigonj to answer charges, inter alia, under sections 467/471/109 of the Penal Code. Toba..

Category: Criminal Law | Date: | Hits: 61

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......appeal has arisen out of the judgment and order dated April 30, 1989 of the High Court Division passed in Criminal Contempt Case No. 3 of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause a..

Category: Criminal Law | Date: | Hits: 141

Controller of Examina­tions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)

....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... any authority thereof. The Chancellor may constitute such a Commission with competent persons from another University or from some other Organisation or Department of the Government. But the learned Judges of the High Court Division Confused the Enquiry Commission under Article 52 to be constituted..

Category: Constitutional Law | Date: | Hits: 169

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......rder dated 13.1.91 passed by the High Court Division in FMA No. 261 of 1990) Judgment Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellaneous Case No. 38 of 1988 made the Arbitrator's award dated ..

Category: Alternative Dispute Resolution | Date: | Hits: 202