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State Vs. Harish, 2002, 31 CLC (HCD)
....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.......idence as discussed above the prosecution also placed before the trial Court a statement of the condemned prisoner Harish and sought to prove the charge against him. The learned Advocate assails this document of confessional statement and submits that the confessional statement of the condemned pris..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)
....ed to take a back seat…..(70) This 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) G......aluation report and concerned papers were kept by the then Secretary Mr. Akmal Hossain under his personal custody which is not available now. 3. There is nothing of reference of those documents, including the evaluation report, in the file of the Ministry. It appears and is also ev..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....y that his acts and dealings in the matter have been fair, free from any taint of fraud and illegality. The High Court Division having not considered the said provisions of law resulted in failure of justice in holding such a suit, the defendant‑petitioner cannot invite decision of the court by fr......e suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the parties to adduce fresh evidence and to allow them to exhibit the documents filed earlier. The suit was fixed for argument, when the defendants filed an application f..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....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. ......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
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ng the tape HM Ershad admitted that he indeed had talked over phone with the learned judge concerned. We, therefore, issued a contempt Rule against him, HM Ershad, for trying to pervert the course of justice by influencing a judge of this Court. 7. In his application the learned Attorney Genera......for consideration before the Indian Supreme Court in the case reported in AIR 1978 SC 921 = (1978) 3 SCR 497, where it has been held that fair and reasonable criticism of a judgment which is a public document or which is a public act of a Judge concerned with administration of justice would not cons..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......arts of the victim. It is an essential ingredient of rape. But in this instant case complaint of penetration is totally absent. In a case of rape the medical certificate is the most valuable piece of document. Though it is categorically stated that the victim was at first taken to Rajoir Hospital, ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....ated under section 9(Ka) and 9(Ga) and, as such, the defect appears to be substantial and it can be cured under section 237 of the Code of Criminal Procedure. Because, the basic principle of criminal justice is to ensure that the persons proceeded against must be given particulars of the offence pun......he said report, the age of the victim girl was 15/16 years. 21. PW 10 Sub-Inspector of Police, Md. Shajahan investigated the case and he gave testimony about his investigation work and proved some documents relating to investigation appears that the investigating officer submitted charge-sheet wi..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
.... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....based on concurrent findings of fact and thereby exceeded the revisional jurisdiction under section 115(1) of the Code of Civil Procedure which resulted in an error in the decision causing failure of justice and, in such view of the matter, the findings and decisions as arrived at by the High Court ......anently and, as such, the property in question has been rightly declared as an enemy property and subsequently as vested and non resident property; that the deeds of gift are collusive and fabricated documents. 5. Defendant Nos. 6‑8, the alleged lessees of the disputed land under the g..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ppeal below did not commit any error of law or procedure in affirming the decree of the trial Court upon such conclusion by the impugned judgment and decree, which have not resulted in any failure of justice. In the result, this Rule is discharged without however any order as to costs. Impugned judg...... water connection to the tenants. He however lives outside the suit land. 6. On the pleading, various issues were framed. The plaintiffs examined three witnesses and adduced number of papers and documents, which were marked as exhibits No. 1 to l.(Ga), 2 to (Ka) and 3 while said defendants exam..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
.... the transaction was a sale we are of the view that when the nature of transaction become doubtful on the specific allegation being made out by the appellant pre‑emptor then for the interest of justice matter is required to be tested by adducing evidence in the trial Court in order to ascertai...... interest of justice matter is required to be tested by adducing evidence in the trial Court in order to ascertain the nature of transaction and to decide the case properly by way of interpreting the document in question. 11. The High Court Division without considering the aforesai..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
.... of the Building Construction Act. Since the hearing and disposal of the appeal was being delayed the respondents moved the High Court Division and obtained a Rule after serving a notice of demand of justice. 3. The petitioners contested by submitting that the writ petition was not main......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Monzur Alam (Md) Vs. State and another, 2003, 32 CLC (AD).
.... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ...... All the three petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 62. ..Category: Business or Commercial Law | Date: 13 Feb, 2002 | Hits: 124
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......he earliest times, even when viewed through purely British eyes, that a Legislature created by Parliament (1) cannot act beyond the ambit of its powers‑the extent of which must be Gathered from the document which brings it into, (2) it cannot create a new Legislature for the purpose of legislating..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
....eason why such a long time is required for framing charge for completion of the trial of the said case. Considering the facts and circumstances of the case, we are of the view that in the interest of justice the accused appellant should be enlarged on bail, since he has been waiting in the custody f...... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89...Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123