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State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....time of committing the offence charged and as such, he was entitled to the benefit under section 84 of the Penal Code, but the trial Court illegally withheld this benefit resulting in mis-carriage of justice. The learned Deputy Attorney-General appearing with the learned Assistant Attorney-General s......h jurisdiction. These Rules are still regarded as authoritative statement of the law as to criminal responsibility. 36. If the materials available on record in the present case, such as oral and documentary evidence, presumptions or even the prosecution evidence satisfy the test of a “pru..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....he Rule was pronounced on 3‑5‑2001 but prior to signing of the same the Court thought that some relevant law on the subject has escaped notice and fixed the matter for hearing for ends of justice and accordingly, the Rule was taken up for further hearing on 27‑5‑2001 with not...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....rpose of the law in course of delimitation of wards as Pourashava contemplated in section 21 of the Pourashava Ordinance and, as such, the impugned judgment is liable to be reviewed to secure ends of justice. 4. Section 21 of the Pourashava ordinance has been designed to reallocate t......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....se of the law in course of delimitation of wards as contemplated in section 21 of the Pourashava Ordinance and, as such the impugned judgment is Ward No 4 of liable to be reviewed to secure ends of justice. 4. Section 21 of the Pourashava Ordinance has been designed to reallocate the area ......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....r 6 months but the convicts later on did not take any step for extension of the period of bail. 3. In the background thereof the High Court Division upon the view that convicts being fugitive from justice they are not entitled to get relief from the High Court Division in any manner and consequen......onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
.... Police representative during Judicial Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court The Power of the High Court Divis......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....tion, the impugned order of the executing Court cannot be sustained in law. The matter should be sent back to the executing Court for investigation of the claim of the judgment debtor for the ends of justice. 23. In the result, the Rule is made absolute without however any order as to costs. Th......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......on and assumption, contrary to the materials on record. The finding of the High Court Division as to possession of the plaintiff is based on assumption in total disregard and non consideration of the documentary as well as oral evidence. There can be no assumption or presumption in respect of a matt..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....t before the delivery of judgment the court was inform the order passed by the Government i.e. by appellant, and after getting this information w the High Court Division did is nothing but mockery of justice. This order of releasing property, though at a belated stage but delivery of judgment, clear......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of natural justice….(4) Lawyers Involved: Md. Moksudur Rahman, Senior Advoca......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... principle will be read into the relevant law, unless its application is excluded by express words. A duty is cast on every Administrative Tribunal to act with due regard to the principles of natural justice, unless specifically exempted from such a limitation" 45. In the case of Universit......ings might result in consequences affecting the person or property or other right of the parties concerned". This rule applies even though, there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for in such cases this requirement is..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
.... afresh for realisation of the benefits of their father who after successful completion of 31 years service with the petitioner retired from the service. This Court can, as well for doing complete justice, in any cause treat the said application under section 25(1)(b) as an application under the......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ter to the Ministry of Finance and to the Additional Secretary, Ministry of Finance seeking their intervention in the matter but in vain. Thereafter the respondent No. 1 upon serving notice demanding justice upon the Board on 28th February, 2000 moved the High Court Division in writ jurisdiction and......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
.... (ii) The case is under Investigation and investigating agencies did not put forward allegation that process of investigation was going to be hampered through tampering with witnesses and cause of justice was going to be interfered with. (iii) The State is the competent organ to come forward......nd he is related to PW 1 and PW 2, PW 5 is a worker and voter of PW 2, PW 6 was suggested to be relation of PW 1 and PW 2. We are not inclined to have a detailed examination of evidence and elaborate documentation of the merit of evidence. It can be said that witness having been interested, their te..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....aint the alleged fixation of valuation of the structures in question by defendant No. 1 is arbitrary and mala fide. The plaintiffs subsequently made repeated representations and were led to hope that justice would be done to them but they were informed by defendant No. 1 on 2-12-95 that the decision......lotment letter did not confer any right of title in the house in favour of the allottee. The learned Additional District Judge upon consideration of Ext. 3(b) came to the conclusion that “As no documents of contrary decision came from the custody of defendants hence I have nothing alternative ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ......aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106