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State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ......dvocate on-Record—For the Petitioner Azra Ali, Advocate-on-Record— For the Respondent. Criminal Petition for Leave to Appeal No. 140 of 1997. (From the Judgment and order dated 14th May 1997 passed by the High Court Division in Criminal Appeal No. 394 of 1993)...... of Act II of 1947. Accordingly, the accused Minhazuddin was charged at the trial but he pleaded not guilty. Prosecution examined 5 witnesses and the defence examined none. On consideration of the evidence on record, the trial Court held the accused- respondent guilty of the charges as leveled a..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Managing Director, Janata Bank …………………..Petitioner Vs. Md. Bazlur Rahman and others ……………….Respondents Judgment May 15, 1997. Result: The petition......gment May 15, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The revisional court in appropriate cases may consider additional evidence. Joining an illegal strike by the respondent has not been proved. All the courts below in a..Category: Employment/Service Law | Date: | Hits: 98
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....saction and the application for re-employment is, in fact, a new application for fresh employment, not in continuity with old employment, but as a fresh recruit. In the background of these admitted facts, we are to consider whether the Administrative Tribunal had jurisdiction to entertain this a......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented — The Respondent. Civil Appeal No. 4 of 1996. (From the Judgment and order dated 9-8-95 passed by the Administrative Appellate Tribunal in Appeal No. 68 of 1994). ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Latifur Rahman alias Arju and another Vs. State, 1999, 28 CLC (AD)
....rcumstances. 6. We therefore do not find any substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 120. ......pellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Latifur Rahman alias Arju and another………………….. Petitioners Vs. &......4. He submits that in view of the acquittal of the accused petitioners in the connected cases arising out of same occurrence the petitioners are entitled to a closer and deeper appreciation of the evidence on record especially with an eye to seeing as to whether any arms and ammunition were reco..Category: Criminal Law | Date: | Hits: 54
.... present petitioner. Hence, the learned Judges of the High Court Division correctly held that the order of stay granted till disposal of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Repor......late Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
..
Category: Property Law | Date: | Hits: 85
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....repeated the prosecution case but nowhere discussed or quoted or summarised the evidence of 19 PWs. Again taking up the defence submission that section 149 of the Penal Code is not attracted to the facts and circumstances of the case the High Court Division made an unnecessary discussion of secti...... State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ………………….Appellant Vs. Giasuddin and others……………………………........ Judgment August 11, 1998. The Penal Code, 1860 (XLV of 1860) Section 302 Motive The prosecution is not bound to prove motive. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see ..Category: Criminal Law | Date: | Hits: 80
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....was directed to be sent to the Ministry of Law. 4. It has been brought to our notice that the impugned judgment has also been published in a law journal (1997 BLD 04). 5. From the facts of the case as noticed above briefly, it is evident that it was unnecessary for the learned J...... an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the case, we feel compelled to observe that the discussion on polygamy in Islam and recommendation thereon as recorded in the impugned judgment should be taken to be deleted lest ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....- respondent company and selling it under Article 34 of the BSRS Order, 1972 read with BSRS (Direct Sale of Mortgaged Property) Rules, 1981 till disposal of Money Suit No. 5 of 1994. 2. The short facts necessary for disposal of the appeal is that, defendant-appellant Bangladesh Shilpa Rin Sangst...... Order, 1971 (President's Order No. 128 of 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of th......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....t affirmed the judgment of the Labour Court with modification, namely, that the respondents will get the overtime wages at double the rate of their basic wages only. 3. Shortly stated the facts are that, on the 29th October 1966 an agreement was signed between the Pakistan National Oil......bsp; General Manager, Jamuna Oil Company Ltd………………………Appellant Vs. Chairman, Labour Court, Chittagong Division and others ……………Respondents Judgment February 14, 1......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ......upreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Jahir Gazi and others………………………. Petitioners ......hey went to depose but the accused-petitioners threatened them with dire consequences if they again go to Barisal to depose in the case and they also threatened the local eye witnesses not to give evidence. 4. Before the High Court Division the Rule was opposed by the accused-petitioners..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....on. Mr. Hossain submits that the impugned order awarding cost is one such order which should be set aside even though it cannot be disputed that the Court has power to award reasonable cost in the facts and circumstances of a particular case. 3. We think the submission made by the learn......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....dy of documents, subsequent conduct of the parties, sources of money, possession, etc. were of no consequence. Secondly, whether the impugned judgment suffers from non application of mind as to the facts of the case as they should be looked into in the disposal of a first appeal. Thirdly, whethe...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh...... of money for purchasing and taking settlement of the disputed land, custody of the documents, continuous possession of the property, etc. which the trial Court upon a detailed consideration of the evidence on record found in favour of the plaintiff and accordingly, decreed the suit; but the lea..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... inconsistently, whimsically and capriciously to the prejudice of respondent No.1 when the project was approved by the another lawful Government agency at an earlier point of time. Considering the facts and circumstances of the case, we do not like to interfere with the Judgment and order of the......vision (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Chairman, Board of Investment and others... ……………….. Petitioner Vs. &...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......; Bimalendu Bikash Roy Choudhury J Abdul Khaleque Mollah.................... Defendant-Petitioner Vs. ABM Zakaria and another………………. Plaintiff -Respondents Judgment ......rtified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as the courts below found that secondary evidence was given of those ori..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....;unnecessarily harassing” the plaintiff in flagrant violation of the law. Now this petition by the defendant-petitioner seeking leave to appeal from the impugned judgment. 2. Material facts of the case are that the plaintiff claims title to the suit property through one Jatindra Moh......ip;…………… Defendant-Petitioner Vs. Khandaker Mujibur Rahman………………Plaintiff Judgment ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....e Oil Tanker of the defendant. The defendant was responsible for the accident and the vessel of the plaintiff is alleged to have sustained a total loss and the vessel could not be salvaged. In the facts and circumstances of the case, we think that the suit should be remanded to the Admiralty Cou......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......il Tanker also sustained extensive damage to the extent of Taka 24,389.97. The defendants lodged a counter-claim for a sum of Taka 1,28,235.37. 4. After discussing the oral and documentary evidence of both sides the learned Admiralty Judge found PWs 6 and 7 to be independent and disinter..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....the Chief Justice and dependent on his personal judgment. How embarrassing the observation of the Prime Minister in the present case was can be imagined if she had only taken care to know the correct facts. The constitution of the Bench concerned (allocation of business) was changed by the Chief Jus......ithin the domain of his administration………(12) iii) There is nothing wrong on the part of the Executive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it……..(10) iv) The prime minister should take more caut......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....h; for the respondent. Appeal No. 7 of 1995. Judgment ATM Afzal CJ.- For this appeal, which must be allowed, the blame partly lies on us. The facts are like this: The three appellants along with 6 others were tried in Sessions Case ......Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Hafez Howlader alias Habibur Rahman and others ….....................Appellants Vs. State……&helli......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..Category: Criminal Law | Date: | Hits: 57
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....t Division while disposing of the criminal appeal was in seisin of the case both on fact and law and, as such, he was competent to reduce the sentence. We do not think that it will be proper in the facts and circumstances of the present case to consider afresh the question of sentence on the grou...... Mawlana Abdul Hye………..Petitioner Vs. State …………Respondent Hatem Ali Howlader and others …………...Petitioners Vs. State …&helli...... standard writings of the accused petitioners along with the loan applications and crop mortgage deeds were sent to the hand writing expert for opinion. PW 6 MA Mannan, Hand Writing Expert, in his evidence stated that the specimen signatures, initials and standard writings of the accused-petitio..Category: Criminal Law | Date: | Hits: 67
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....iews as above. 7. Being aggrieved the plaintiff had preferred this appeal. Leave was granted on the following questions: (i) whether the High Court Division misconceived both facts and law in holding that the plaintiff had given a go by to his plaint case at the trial whic...... Latifur Rahman J Md. Abdur Rouf J Kochi Mia @ Khocha Mia………………Appellant Vs. Suruj Mia being dead his heirs Md Fazlur Rahman and others……………… Respondents Judgment November 12......hat also without discussing any fault in the factual finding by the said court………(12) ii) Both the parties had the opportunity to produce before the court all the evidence in respect of their claim of title and possession under such circumstance order VI rule 7 ..Category: Property Law | Date: | Hits: 65
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