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Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....Code. The first information report and the judicial inquiry report prima facie disclose an offence against the accused petitioners for criminal negligence on their part and it cannot at this stage be stated that no offence is disclosed against the accused petitioners under any section of the Penal C......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....application on 17‑12‑1998 though the respondent No. 4 verbally assured the writ petitioner that the matter will be looked into but did not make any written order. The petitioner further stated that she has been living in Dhaka with her husband and her family consisting of old ailing m......und that the order of transfer if any shall be deemed to be for harassment. The learned Judges of the High Court Division also considered the circular (Annexure‑C2) and that in such state of affairs the learned Additional Attorney‑General also found difficult to support the order pas..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....stating, inter alia, that the accused was involved in fraudulent activities during the month of July to December, 1996 within the mischief of section 17 of the said Ordinance. The complainant further stated that the accused-Âcompany and other accused are engaged as dealer/broker of the Dhaka Stock ......ul‑Huq, the learned Counsel appearing for the respondent submits that in case a Company has committed any criminal offence, a Director can only be liable if he was responsible in the conduct of the affairs of the Company, otherwise, simply because she is a Director or the Chairman of the Company, ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....September 2002. That BWDB invited sealed bids in four lots strictly in conformity with the Technical Specification provided. in the bidding documents in different size of bags; the invitation further stated that in the comparison of bids, ADB's Domestic Preference Scheme would be applied; in section......m public duty on pressure from above, without any regard to law. What strikes the thinking minds is that this gives administrative corruption an all permissive dimension. If abuse of power in the ETV affairs is not allowed to be challenged before this Court, it will undermine the constitutional prov..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....e are required to be made. Thus the Act itself delegated the Government powers to make rules to carry into effect the purpose of this Act. 12. According to Rule 10 of the aforesaid Rules as stated before the Nikah Registrar in the case of City Corporation cannot be appointed for more than ...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....e of Criminal Procedure and on completion of investigation submitted charge‑sheet in the case. 5. One Noor Alam, bodyguard of condemned‑prisoner Ershad Ali Sikder made confessional statement which was recorded under section 164 of the Code of Criminal Procedure by PW 6 Md Sabir Ah......ssing the Criminal Appeal No. 862 of 2000 filed by him against the order of conviction and sentence as aforesaid. 2. The case of the prosecution, in brief, is that over the Khulna ferry ghat affairs condemned prisoner Ershad Ali Skidders called Monir (PW 3) to come to a meeting scheduled to..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....rt and sent dead body to morgue for performing post mortem examination. He proved First Information Report. b. Evidence of PW 6 Shirajul Sheikh, father of deceased Rehana Begum. PW 6 in evidence stated that on 7‑12‑1999 his daughter Rehana Begdm went on a visit to his elder daughter's house......dant, and so satisfies them as to leave no other reasonable conclusion possible. A "reasonable doubt" is such a doubt as would cause a reasonable and prudent man in the graver and more important affairs of life to pause and hesitate to act upon the truth of the matter charged. But a reasonable ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... were not maintainable. 3. Respondent Nos. 1‑4 filed aforesaid Writ Petition impugning the order dated 29‑5‑1994 canceling their lease in respect of a plot of land in Mohammadpur Housing Estate and allotting the same to respondent Nos. 7 and 8 (in appeal No. 155 of 2000 and also have fig...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....ceedings of Execution Case No. 1 of 1999 on the view that petitioners were not parties in the Partition Suit No. 28 of 1987, pursuant to a decree wherein the Execution Case has been filed and in that state of the matter the petitioners cannot take recourse to the provision of Order XXI rule 29 of th......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....in the said suit of his having got a plan approved from the Rajshahi Municipal Corporation for raising a structure in said disputed land. But what is peculiar is that by suppression of the prevailing state of possession regarding the disputed land the Officer‑in‑Charge of Boalia Police Station f......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....he defendant No. 1, herein the appellant and the defendant No. 2, Deputy Custodian of Vested Property as well as by the defendant No. 5 (Respondent No. 6 herein) by filing separate sets of written statements. The case of the contesting defendant Nos. 1 and 2 was that plaintiffs had no causes of ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....e and he only heard about the occurrence from Manik and his daughter Parul, the victim. Next, he has submitted that the High Court Division and also the trial Court wrongly admitted into evidence the statement of victim which was recorded under section 164 of the Code of Criminal Procedure and the m......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
.... and after interrogation he told that his name was Jashimuddin of Shaik Para, PS Ramganj. District Noakhali and on searching his body they recovered one bomb and four bullets from his pocket. He also stated that they have committed dacoity in the market and others fled away. 3. Upon inv......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....‘11‑2001 the petitioner as informant lodged a FIR with Daudkandi Police Station alleging that on 20‑10‑2001 he, his wife and other members of his family went to Daudkandi police station to make statements in an arson case (registered as GR case No. 229/01) against the accused persons leaving h......rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....o.2 and 3 as Defendant nos.2 and 3 and Respondent No.13 as added defendant No.13 put up resistance in the suit and traversed allegations mounted against them on presentation of three separate written statements. 7. Essence of statements embodied in three sets of written statements are: a. Suit......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....rgery falls to the ground and as such the impugned judgment and order of conviction is liable to be set aside. 8. These applications are also barred by 62 days for the reason stated therein. The delay of 62 days has been condoned. 9. The case involves the ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....ting to possession and as to the matter of leasing out of the land in favour of the defendant No. 6. 6. The suit was contested by the defendant Nos. 1‑5 by filing a joint written statement and also by the defendant No. 6 by filing separate written statement. It was stated by th......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....to pay the WASA, electricity and gas charges of the premises regularly. The defendant denied the plaintiffs right for entry into the premises and enjoy the fruits of the trees. 3. It was further stated in the plaint that out of love and affection plaintiff No.1 gifted out the schedule premises ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
.... Webster’s Third New International Dictionary means an act or fact of detaining, a holding in custody of a tardy pupil after school hours, a holding back of a motorist by a traffic officer, the state of being detained in jail, enforced delay, a period of temporary custody prior to disposition ......nd fulfil its mission in bringing the ship ashore with all its passengers safe and sound. 29. Before we part with this judgment if we do not put on record our concern and anxiety on the state of affairs created by the circular dated 17-2- 1993 referred to above and upon the plight of poor and i..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
.... Respondent No. 1 has not disputed the fact of making the demand by the Customs Authority for payment of Tk. 4,81,07,374/- due on account of non-payment of customs duty and other charges. It has been stated in the writ petition that customs Authority did not release the goods of the Respondent No. 1......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition. There is no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
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