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State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......aid Inspector filed a preliminary report to the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the Director General of the Narcotics Control Department received a reliable information from Delhi regarding the International Chain of Smugglers of Narcotics. He thereafter instructed the...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......gistrate remanded him and on 11‑4‑1990 Condemned prisoner made confessional statement and was sent to jail custody. In cross‑examination the witnesses deposed that he came to know from reliable source that condemned‑prisoner was a boarder in room No.14 and also stated that the room No.14 was..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......nt No.2 alleging that the latter had stolen away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over the tractor to the custody of the appellant who exec......o executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to or independent of the forfeiture of his bond under section 514 of the Code of Cr P. 2. The appellant......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......xiliary security. The respondent executed a deed of mortgage to meet the requirement of the BCCI offering some immovable properties as the additional security after obtaining no objection clearance from the Bangladesh Shilpa Rin Sangstha, with which the properties were mortgaged. The mortgage deed......mstances. 7. Mr. Abdul Wadud Bhuiya, Additional Attorney General appearing for the Board of Revenue contended that since the present mortgage to the Bank of Credit and Commerce is a new mortgage independent of the first mortgage Article 40(c) is not attracted and it is only 40(b) that is applic...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......unless there is anything in the statute which divests him of that right the co-sharer tenant cannot be divested of the right.” 6. In holding this extreme view the learned Judges have dissented from the views consistently held in three other recent cases also, namely the cases of Abdul Hosaain......ot available at the original vendor and co-sharer got back already his ownership in its entirety it being immaterial whether he got back his ownership in pursuance of an agreement for reconveyance or independent of any such agreement. The main question for careful examination will be whether he actu......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......which has been questioned by this petition. It has been asserted that since a decision arrived at with a mala fide intent can not be reckoned to be a decision in the eye of law, the whole proceeding, from top to the toe, is bound to founder. It has been contended that as per Section 3 of the Durnity......lice. 56. The unpalatable and obnoxious fact that the informants did not even maintain minimum respect in writing the name of the Founding Father of the Nation, because of whom they do now live in independent Bangladesh and enjoy the fruits of freedom, also leaves a lot to be desired vis–a-vis ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......rate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him from the case land there was apprehension of breach of peace. It was further stated the first party ......e land. 17. From the record it appears that the learned Additional Metropolitan Sessions Judge being the last Court of fact discussed the evidence adduced by the parties elaborately and came to an independent finding that the first party was in possession of the case land on 28-5-1997, the date o......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. .......58 of 1982. (From the judgment and order date 25-3-82 passed by the High Court Division in Civil Revision Case No.358 of 1980.) Judgment Ruhul Islam J.- This appeal by special leave arises from an application under section 14 of the Non-Agricultural Tenancy Act, 1949 filed by respondent N......ously argued in, support of the proposition that on the elimination of the rent-receiving interest the under raiyati interest of Ayesha Khatun by operation of law became upgraded and attained the independent status of raiyat under the Government. On careful consideration of the argument of the l......he rights and obligations of each tenant and landlord in respect of— (i) the use by tenants, of water for agricultural purposes, whether obtained from a river, jhil, tank or well, or any other source of supply, and (ii) the repair and maintenance of appliances for securing a supply of wa..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......alleging, inter alia, that he accompanied with a Habilder and other forces went to the house of accused Rejaul Haque situated at Manikpur at about 2.20 hour in the night and arrested the accused therefrom. On interrogation by police the accused admitted in presence of witnesses Robiul Haque, Sukur A......ses supported the prosecution case. So, judgment and order of conviction and sentence are not sustainable in law. He further submits that even prosecution has failed to prove the case by adducing any independent and disinterested witnesses. He further referring the evidences of police witnesses poin......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....t execution of the document, and when also the abandoned property authority, namely, defendant No.2 is also not in Court to admit the genuineness of the document is not proved without any independent corroboration of the same or any corroboration from the subsequent conduct of the executor.” 5.......the Suit for specific performance of contract. In the written statements defendant No.2 Government of the People’s Republic of Bangladesh and defendant No.3 Giasuddin Ahmed, claiming to be a lessee from the Government, denied the existence of any agreement for sale of the suit property contending ......ourt to admit execution of the document, and when also the abandoned property authority, namely, defendant No.2 is also not in Court to admit the genuineness of the document is not proved without any independent corroboration of the same or any corroboration from the subsequent conduct of the execut...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......y, the plaintiff 1 was identified in the deed No.5723 by the husband of the executant said Subal alias Suddnnaya and in the deed No.5722, she was identified by one Abu Taher D.W.2 a local person, but from the deeds it is seen that one Abdul Baset identified the alleged executant in both the document......erate and unsophisticated rural lady was identified by her husband at the time of registration but it is in evidence that she was allegedly identified by a different person. So there was none to give independent advice to the executant of the document. Therefore, although false personification has n...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..Category: Procedural Law | Date: | Hits: 105
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......as well as the civil executive officers. Therefore, civil executive officers are also within the scheme of the same Constitution and they may certainly be different in respect of powers and functions from Judicial officers. But for that reason, civil executive officers cannot be treated as inferior ......nce is of a significant nature, and not merely of a ceremonial nature. This, in fact, affects the ability of the District Judges and other Judicial Officers to perform their functions effectively and independently without virtually being or being seen to be inferior to certain categories of civil se......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......ity and is of no legal effect and why the respondents should not be directed to give the State Remuneration to the petitioners as per the amount received by them as shown in Annexure- 'C' with effect from June, 2003 and or such other or further order or orders passed as to this Court may seem fit an...... cause against the proposed punishment should be afforded to him. The essential feature of the principle of natural justice is that no person should be deprived of his right without hearing before an independent authority. Its purpose is to prevent miscarriage of justice. The concept of natural just......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......ppeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment KM Subhan J.- This appeal by special leave is from the judgment and order of the High Court Division passed in Writ Petition No.1003 of 1978. 2...... natural law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceeding or in any party to the proceeding. The front......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......as such, she is also liable to be prosecuted under section 27(1) of the Anti-Corruption Commission Act, 2004. Accordingly, he submits that non-service of notice asking to submit statement of assets from the accused-petitioner do not render the entire impugned criminal proceeding liable to be quash......d admits that those do not come to any help in view of recent decisions of the Appellate Division in the cases of Dr. Mohiuddin Khan Alamgir and Habibur Rahman Mollah. It is further contended that no independent offence having been disclosed against the accused-petitioner, the criminal proceeding,...... Anti-Corruption Commission found wealth statement of both the accused persons incorrect. Rather the accused persons were found to be in possession of the properties disproportionate to their legal source of income. Accordingly, Mr. Md. Nuruzzaman, Assistant Director, Anti-Corruption Commission lo..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......nts (Bangladesh) Ltd., is a public company incorporated on 15-2-71 in East Pakistan having its registered office at Chittagong and one of the objects of the company was to acquire and take over from Buxly Paints (Pakistan) Ltd. which was a Company incorporated in Pakistan, all or any of the ......er submitted that the right created under section 53A of the Transfer of Property Act is a right created under a positive provision of a statute and not a right arising from mere contract or equity independent of any statutory provision. 7. Learned Deputy Attorney-General on behalf of the respo......rs that the said agreement could not be implemented because of the situation arising out of the liberation of Bangladesh. On the 19th January, 1972 the Secretary, Ministry of Industries and Natural Resources of the Government of Bangladesh issued a notification purporting to take over under Acting..Category: Property Law | Date: | Hits: 79
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......ompleted his 55 years of age on 31.1.73. He applied for leave preparatory to retirement in December, 1972 and while he was awaiting for the result of the application, he received a Memo dated 12.1.73 from the Chief Enquiry Officer of the First Screening Board asking him to furnish property statement......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......gainst the appellant by it. The Board/acting under P.O. 67 of 1972 (Government of Bangladesh (Services) Screening Orders, 1972) initiated the investigation as if received certain information from a source and thereafter initiated the proceeding. A proceeding initiated under P.O. 67 of 1972 canno..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ition No.479 of 1978. His case was that he joined the PIA in 1961 and eventually he was promoted to Grade-VII as Senior Administrative Officer at Karachi just before the war of Liberation. He escaped from Pakistan in July, 1972 and reported for duty to Bangladesh Biman and by an order dated 12.10.73......angladesh International (Temporary) Order, 1972 (Acting President's Order No.2 of 1972) was promulgated "to reconstitute the former Pakistan International Airlines Corporation in Bangladesh into an independent organisation to serve the needs of the People of Bangladesh". Article 2 provided tha......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....presence the arms and bullet were recovered. It is true that in view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources but in the instant case, neither the seizure list witn......ested the petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. After that, the D.B. Police prepared a seizure l......ined to prove the alleged recovery of arms and bullet from the exclusive control and possession of the petitioner and that the evidence given by police personnel was not supported and corroborated by independent witnesses. In support of his contention, he relied upon the decisions in the cases of Zi......vered. It is true that in view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources but in the instant case, neither the seizure list witnesses nor the public witnesses were pr..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......, in G.R. Case No.144 of 2007, arising out of Dumuria P.S. Case No.15 dated 16.07.2007, under Section 4 and 5 of Ain Sringkhala Bighnakari Aparadh (Druta Bicher) Ain, 2002 discharging the petitioners from charge should not be quashed and/or such other or further order or orders be passed as to this ......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......order situation has improved the informant claimed back his money from the accused, who had then arranged to arrest him by police and subsequently he came to know that the accused Kartick Mandal is a source (informant) of police; that the law and order situation being improved, the informant has lod..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156....... দক্ষিণ জাতিসংঘ রোড, বারিধারা, ঢাকা। 12. From the Judgment of the Appellate Division we find that admittedly there was no Commission from 7.2.2007 to 24.2.2007. The notice Exhibit-6 dated 18.2.2007 was issued when the Commission was ......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......e 15 (gha) of Jaruri Khamata Bidhimala, 2007. 3. The prosecution case, in brief, is that appellant, his wife, sons and daughters are in possession of the properties disproportionate to their known sources of income. Accordingly, on 18.2.2007 notice was issued upon the convict-appellant requiring ..Category: Criminal Law | Date: | Hits: 133
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