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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... granted to consider the question while direction was given by the Appellate Division in the interest of justice to appoint Special Public Prosecutor to conduct the Sessions Case No. 120 of 1993 impartially whether the said order can be negatived by removing the Special Public Prosecutor who had...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......d. Aminur Rahman (Chandana), the learned Assistant Attorney-General, opposes the prayer for anticipatory bail. He submits that this case involves heinous offence of murder and the case is still under investigation. 6. It appears that the petitioner is not first information report named accused ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....al is due to circumstances over which the prosecution has no control or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…â€...... Reading the provisions of section 5A of the Prevention of Corruption Act, 1947, section 3 (2) of the Anti-corruption Act, 1957 read with paragraph 59 of the Anti-corruption Manual it is seen that investigation of an offence enumerated in Act II of 1947 and in the Schedule of Anti-corruption Act,..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......plices suddenly entered into his office and asked him to resume construction of the Amtoli Union Parishad Complex Building and on his refusal to do so the accused person assaulted him; that while the investigation was going on the Informant filed an application on 8-11-2003 before the Magistrate, Fi..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ng the conviction and sentence of the condemned prisoner petitioner under section 302 of the Penal Code, inasmuch as it has been alleged that all the accused including the accused‑petitioner participated in the act of assaulting victim Khaled. 9. Mr. Abdur Rezaque Khan, the lea......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....the judgment and order dated November 5, 1996 of a Division Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....sheer two‑thirds majority of the commissioners, that the learned Judges erred in law in deciding tile case overlooking one of the aspects of the well‑known principle of audi alteram partem and that the accuser himself cannot be a judge of the same cause". 6.......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of time on 31‑7-1998, he would b......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... vanity bag was recovered from the petitioner. 3. It was also alleged that the convict-Âpetitioner also threatened his wife with a razor when she raised alarm. Subsequently when the patrol police party came to the place of occurrence the accused‑petitioner was handed over to them and the polic......ice prepared seizure list after seizing the money bag with the money. Thereafter the police took the convict‑petitioner to the thana where the first information report was lodged. 4. After investigation, police submitted charge‑sheet against the convict‑petitioner under section 4 of t..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....posts in the respondent No.1 company and their services came to an end either by termination or retirement in due course and the petitioners were asked to collect their legal dues from the Accounts Department of the company. It appears that the dispute arose between the parties as to the quantum of ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....risoner on the principle of res gestae as applied in this case. 9. Section 6 of the Evidence Act provides that facts which, though not in issue, are so connected with a fact in issue as to form "part of the same transaction", are relevant, whether they have occurred at the same time and place o......rt with the Raipur Police Station. 3. Pursuant to the first information report, the Raipur police has registered a case, held inquest on the dead body, sent the dead body to the morgue and after investigation of the case having found prima facie case submitted charge-sheet against the condemned..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Commercial Area, Dhaka to Enam Elahi and Brothers, a family partnership firm of which his father Abdul Majid and his two brothers were partners, for a period of......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
..... 19. P.W.11 Md. Altaf Hossain, full brother of Tipu Sultan, in his evidence blurted out that his brother Tipu Sultan by hints and gesture wanted pen and paper and elder brother from Emergency Department of Hospital took paper and pen and handed over those to younger brother Babul and Babul han......ed statements of witnesses under section 161 of the Code of Criminal Procedure, seized alamats and prepared seizure list. 21. P.W.14 Sub-Inspector of Police Md. Ataur Rahman performed incomplete investigation, recorded statements of eight (8) witnesses under section 161 of the Code. He inspecte..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....mself alone and no other independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was also noticed by the High Court Division that earlier plaintiff took other part of the premises from defendant's father and thereupon he has let out the said portion. ......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....ence, the burden for proving the existence of circumstances bringing the case within any of the General Exceptions in the Penal Code, or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume ......ent the dead body for autopsy, seized alamats from the place of occurrence, arrested the condemned prisoner, arranged for recording the confessional statement of the condemned-prisoner and after investigation, having found a prima facie case submitted charge-sheet against the condemned pri..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....sion (Civil) Present: AK Badrul Huq J Selim Saial……………………………Petitioner Vs. A. Majid Molla and others………………………………Opposite parties Judgment January 20, 2004. Result: The rule is discharged. Ri...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....l English rule that 'hearsay' is no evidence. The term 'hearsay' is used to indicate that evidence which does not derive its value from the credit given to the witness himself but which rests also in part on the veracity and competence of some other person. The evidence of those who do not know the ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the sui......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....mediately after the incident arrived at the place of occurrence were not considered. The submission so made is of general nature. It has not been specifically submitted or brought to our notice which particular contradiction in the evidence of which particular witness was not considered by the trial......on hearing about the incident from the persons who witnessed the incident lodged the first information report and thereupon Fulbaria PS Case No. 4 dated 16‑9‑1995 was registered. On completion of investigation Police submitted charge‑sheet against the condemned prisoner and another and thereup..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....scellaneous Case No. 7242 of 2001 Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of GR Case No.382 of 2000 arising out of Dhanmondi PS......part of the accused petitioners they committed an offence under section 315/316 of the Penal Code. Pursuant to such and first information report the case was investigated upon by the police who after investigation submitted final report which was accepted by the learned Magistrate on 25‑2‑2001 d..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
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