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M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ven days. It is true that the learned Judge of the Tribunal though rightly observed that section 27 has been amended to include certain provisions for providing safeguards for innocent people from unnecessary harassment but he has misconstrued the very spirit of the law and thereby rejected the i...... Nirjatan Daman Case No. 1 of 2004 rejecting the inquiry report submitted by the Magistrate, 1st Class, Sylhet. 2. In the instant case the complainant M Moinul Khan filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Paru..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
.... to observe that no communication with the Judges of this Court either over telephone or otherwise is permissible except through the Registrar of the Court. The press should not publish news creating unnecessary sensations about Court matters. We further observe that step should be taken to codify t......Government.
Contempt Petition No.118 of 2005.
Judgment
Md. Abdul Matin J.- This Rule was issued calling upon the contemner-respondents Nos.1 and 2, the reporters of Daily Prothom Alo, for the reports captioned “হাইকোর্টের বিচারপতির সন..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... others reported in 6 BLC (AD) 45. 17. In consideration of the facts and law on the point we find that the High Court Division approached the matter from an erroneous view making unnecessary lengthy discourse regarding the meaning of 'election', 'disqualification' and juri......in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
.... is to be remembered that legislature has also installed a safety-valve by incorporating the clause (b) in section 138(l) of the Negotiable Instruments Act, 1881 for the drawer from unnecessary harassment if he has good intention to pay the amount in question shown in the cheque.
......r......................Opposite Parties
Judgment
July 19, 2004.
Result:
The Rule is discharged.
According to section 138 of the Act (XXIV of 1881), a cheque drawn by a person for payment of any amount of money to any other persons out of his account is returned by the bank u..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... impugned sale-deed which has been held void by the Court because of fraud need not be cancelled and that the direction for amending the plaint for the purpose of cancellation of the document is unnecessary." 43. In the facts of the case and the evidence, oral and documentary, on reco.......2 at Narayanganj in Title Suit No.47 of 99 and dismissing the suit. 2. On 10‑3‑99 the plaintiff Zamini Bala Dasi instituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot N..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... relevant matters are concerned and the contract having not provided for price adjustment there is no scope for price adjustment, which move would surely burden BIWTA respondent with unstipulated and unnecessary burden not sustainable in law. Furthermore, clauses 2.24 and 2.25 of the Guidelines for ......ted 8th May 2001 passed by the High Court Division in Writ Petition No. 5311 of 2000). Judgment Md. Fazlul Karim J.- This appeal by leave is to consider the submissions of the learned Counsel for the appellant that: (1) The High Court Division has failed to appreciate the fact that the co..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ution is not bound to produce each and every witness of occurrence irrespective of consideration whether such witness is essential to unfolding of narrative on which prosecution case is based without unnecessary and redundant multiplication of witnesses. Non-examination of some of the witnesses are ......of 2001). Death Reference No.43 of 2001, Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001. Judgment AK Badrul Huq J.- Paradigm of taking life of wife by husband, whether for dowry or for any other cause is not rare but archetype of doing to death by wife of husband is s..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....then this may be sufficient for their acquittal.”................... “A witness may be tendered by the prosecution if his evidence is of not much importance or his evidence will make unnecessary addition of the evidence already adduced by other witnesses. Sometimes, a witness is ten...... Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure was made by the learned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgme..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....their negligence and not for the offence alleged to have been committed under sections 315/316 of the Penal Code and, as such, the same should be quashed as continuation of the proceeding would cause unnecessary harassment to them. He also submits that the criminal negligence, if any, can at best ve......ssain and Md. Serajul Haque- For the Accused Petitioners. M Moazzam Husain with M. Moazzal Husain with M Zahirul Alam Babar, Md. Shahjahan Kabir and Reazuddin Khan- For the Opposite Party No.2 Informant. Md. Mokleshur Rahman Zahid, Ireen Mahbub, Assistant Attorney-General- For the State. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....f the Act. The remedy is parallel to each other. If the contention of Mr. Hussain is accepted then the provisions as contained in section 46 of the Act becomes meaningless, superfluous, redundant and unnecessary to those who are parties in opposition as they will have no other avenue available to th......es out of the following facts and circumstances: 3. The petitioner is engaged in the business of manufacturing Biri since 1960 by setting up and establishing ‘Taj Biri Factory' in the aforesaid village- Sarai, Haragach, Police Station - Kaunia, District- Rangpur. The 'Biris' m..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....by the plaintiff‑respondent Union Bank Ltd and the learned Subordinate Judge rejected the petitioner's prayer to be added as a party on the ground that if it was made a party it would create unnecessary complications in the disposal of the suit. 4. Being aggrieved the Petitione...... Hosein, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Petition for Leave to Appeal No. 694 of 2002. (From the judgement and order dated 4‑3..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....t the victim informed her that the accused raped her at the hotel room where they stayed at night. In cross she stated that the accused discouraged her from accompanying the victim, as it would cause unnecessary expense and time. 15. PW 6 Shahidul Islam deposed that the hotel register of the Al Q......588 of 1996 convicting the (accused appellant) under section 6(1) of Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter shall be referred to as the Ain) and sentencing him to imprisonment for life. 2. The prosecution case is that the informant on 18-11-1996 in good faith at the sugges..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....e taken up by the contending defendant. Under the circumstances I find that the local inspection of the gifted land as mentioned in the petition by the plaintiff-petitioner was neither irrelevant nor unnecessary. Rather, it appears that it is necessary to avoid future complication. The High Court Di......gned judgment and order dated 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite partie..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Mohiuddin (Md) and others Vs. Md. Motiur Rahman & another, 1997, 26 CLC (AD)
.... issuing any notice to the petitioners the High Court Division held that it would be sheer wastage of time to admit the appeal and to issue notice upon the petitioners which would take time and cause unnecessary delay. As such the High Court Division disposed of the appeal in a summary manner and se......at was not correct in rejecting the charge sheet and discharging the petitioners solely on consideration of the victim’s girl’s affidavit and medical certificate as to her age. It is required for the Adalat to consider whether a prima facie offence has been disclosed in the F.I.R. charge- sh..Category: Women and Children | Date: 10 Jun, 1997 | Hits: 99
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....n 23 of the Contract Act, of course, deals with considerations and objects what are lawful and what are not. Many decisions were also cited from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also repo......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....it is bad and no question of prejudice arises. Once the learned Judges found that the joinder of charges and persons was not covered by section on 239 Cr.P.C. the discussion as to prejudice, etc. was unnecessary, prolix and purposeless. It win be seen that the ratio in the said Supreme Court judgmen........Accused-Respondents [Criminal Appeal No.8 of 1989]. Hamida Khatun................ Complainant-Petitioner Vs. Constable Lal Mia and others.........Respondents [Criminal Petiotion for Leave to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is all..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....ars from the record that after being released on bail the appellant did not appear before court from 22.6.92 to 20.5.83. Considering the appellant's absence as absconsion the court thought it was unnecessary to split the case from that of the co‑accused Yasin. On 22.5.83 the co‑accused Yasin......he accused to an order of acquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence be..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....ndent No.1 preferred Title Apple No.274 of 1985 and the appellants filed cross-objection No. 13 of 1986 against the order directing respondent No.1 to transfer the suit land as the said direction was unnecessary. The learned District Judge, Sylhet by his judgment and decree dated 20.3.86 affirmed th......ther issues of fact contained therein were specifically raised in the Trial Court and in the first Appellate Court - If not so raised, the revisional Court was not obliged to entertain issues of fact for the first time in revision. As for issues of law and mixed question of fact and law the revision..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....f Engineer (Construction) to the contractor "once again rejected" the claim of the latter and reiterated that after their letter dated 17.2.1983 further debate "on the subject was unnecessary". It is manifest from these letters that the Deputy Chief Engineer was communicatin......………………(22) The law has not prescribed a minimum time limit within which an arbitration proceeding must or must not be concluded although it has provided for maximum time limit of 4 months or within such extended time as the court may allow...........(24..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... an important political leader of the said Upazila, is highly deprecated and he is to remain careful in future not to suppress facts while seeking redress from a court of law and in setting in motion unnecessary, frivolous and vexatious litigation. We are of the view that this petition before this C.............................(7) After the publication of the result in the official gazette the elected chairman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
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