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Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ming the judgment and order dated January 11, 1998 of the Administrative Tribunal (AT), Dhaka in Case No. 93 of 1996. The Administrative Tribunal by the aforesaid judgment and order considering compulsory retirement from the service has altered the said punishment to stoppage of 3 annual increments ...... vary or modify an order, including an order of punishment/sentence which is impugned before it. But whether such variation or modification is justified or not in a given case or whether it is at all called for is altogether a different matter and may be debated in the facts of each case". So, ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ry 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the appellants being not present at the ......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ......the appellants. 3. Police investigated the case and submitted charge‑sheet against the appellant along with others under section 19(a) and (f) of the Arms Act. The case came up for trial before the Court of Additional Sessions Judge and Special Tribunal No. 1, Jhenaidah and the pr................Appellants Vs. State …..Respondent Judgment January 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrest..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
.... 228 and 225 of 1999 under section 439 of the Code of Criminal Procedure. Charges were framed against the accused respondents, who preferred these revisional applications. 2. Charge were also framed against the accused respondents in Criminal Appeal Nos. 16, 17, 18 and 19 of 2000 which w......earing under section 265C of the said Code. The learned Attorney‑General is aggrieved by the direction in making some of the Rules absolute and discharging the rest as those are uncalled for within the scheme of the relevant sections." 6. In sum, the grounds on...... above mentioned complaint petition cases against the accused respondents. 4. The learned Magistrate took cognizance, of the offence alleged against the accused and transferred the case for trial. The Additional Metropolitan Sessions Judge, 3rd Court, Dhaka after hearing the parties frame...... Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....sion of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to section 497 of the said Code to enlarge him on bail pending trial of the case. Hence bail is ...... guilty of such an offence. 7. In the case of Khalid Saigal vs State reported in 14 DLR (SC) 321 it has been held that: “We may state straightway that where a Court is called upon to exercise its judicial discretion it will not be discharging its functions properly ......ip;Respondent Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact...... Judgment December 1, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Bail Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellan..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....p; November 25, 2002. Onus of proof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well acc......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......wdhury (defendant No. 11), DW 2 Shambhu Nondi is a neighbour. DW 3 Shambhu Chandra Sarkar is another neighbour and DW 4 is Chinmoy Chowdhury, defendant No. 12. 9. The trial Court while disposing of the suit observed, inter alia, as follows: ...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J Abu Sayeed Ahammed J Cinmoy Chowdhury and another .............................Appellants Vs. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
.... Judgement November l9, 2002. Letter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is established, a letter of credit is not subject to claims or defence......ct between the National Bank and the Union Bank Ltd Karachi. Moreover, the loss it will suffer is in the nature of a pecuniary loss which can very well be compensated by money payment and cannot be called an irreparable loss. 12. The petitioner claims to have settled its dispute wit......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... Amin J.- This appeal by the plaintiff by leave is against the judgment and order dated July 23, 1999 of a Single Bench of the High Court Division in Civil Revision No. 2118 of 1993 making the Rule absolute upon reversing the judgment and decree dated OctoÂber 28, 1992 of the Court of Subordinate J...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......nd and that land Appeal Board is quite competent to make order of redemption and that Civil Court has no jurisÂdiction to interfere with the order of the Land Administration Board. 5. The trial Court on the basis of the mateÂrials on record dismissed the suit on the finding that the Ekr...... 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....n the awarded amount or any part thereof till realisation. Cases Referred to- Bangladesh Agricultural Development Corporation vs. Kibria and Associates Ltd. 46 DLR (AD) 97; Bux Shipping Line vs. BWDB 7 BLC (AD) 27. Lawyers......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... awarded a sum of Taka 20,40,712.06 to the Contractor‑ respondent to be recovered from appellant,(BADC) with an interest of 16% thereon from 1‑7‑84 till the date of realisation. The trial Court modified the award by deleting the interest on the recoverable amount as awarding of the......Civil) Present: Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Ban..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Ha......it in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient for his non‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as ...... the plaint of the present suit on the ground that the plaintiff has no locus standi to file the present suit as it is barred under Order IX rule 9 of the Code of Civil Procedure. 5. The learned trial Court after hearing both the parties vide the impugned order dated 12‑2-2002 rejected t...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....sion Officer/Assistant Collector of Customs, Excise and VAT, Comilla Division, Comilla from 3‑6‑1991 to 16‑1‑1993 permitted Messers K Rahman and Company to destroy products of soft drink (Coca Cola, Fanta and Sprite as unfit for human consumption and issued destruction certif......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......g. This Court held, inter alia, that "It is found that the modified decree was passed on 22‑3‑1960 and to avoid the question of limitation a modified decree was again drawn up by the trial Court on 9‑8‑1993 and what is so obvious that it was obtained from the Court by fr......nt: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respo..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....port and Ekushey Television, which was in the rejected list, in the earlier and original evaluation report, was placed in the list of the participants found satisfactory. This evaluation report was also dated 9-7-98 and was signed by the same technical committee members. 7. By a letter ......tion of Bangladesh, 1972 Articles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nat......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....onÂtained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was vested in the Government as an abando......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......d by limitation and the High Court Division erred in law in allowing the appeal after holding that the suit is not barred by limitation. He also submits that several other material findings of the trial court have not been reversed by the High Court Division." 10. Mr. Abdur Razaque Khan,......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anothÂer.........Appellants Vs. Md. Yusuf Ali Khan and others................Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....cedure is available is contrary to the provision of the Artha Rin Act inasmuch as the illegality in publishing and conducting the auction sale could be conveniently and efficaciously disposed of by resorting to writ jurisdiction. 5. Mr. Rafique‑ul‑Huq, the learned Counsel ap......inter alia, that petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 storied building on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liq......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents &nbs..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....istant Attorney-General-For the Respondent State. Criminal Appeal No. 2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 pas......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......edure Code and finally submitted charge-sheet against the accused as prima-facie case under section 6(1) of the said Ain was made out. 4. The case record ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge under the aforesaid sect......No. 2487 of 1997. Judgment Tariqul Hakim J. - This criminal appeal, at the instance of accused-appellant Abdus Sobhan Biswas son of late Harun-or-Rashid Biswas, is directed against the judgment and order, dated 18-11-1997 passed by the learned Nari-o-Shishu Nirjatan Daman Bishes Judge, Nari-o-..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....ears being a Secondary School Certificate (SSC) Examine was taking preparation for the SSC Examinations on 4‑1‑1995 at 19.30 PM and he was offering Esha prayer at that time when the accused persons including the accused appellants armed with cut rifles and kirich forcibly entered into his re......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......ubmits that of the accused 13 in all as mentioned in the charge-sheet, the number of the absconding accused is 6 of them 3 accused namely, Jamal, Yunus and Abu Bakkar had never appeared before the trial Court since no warrant of arrest was ever served upon them though under the provisions of sec......eported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonmen...... not remember whether he told to daroga that Shaymol's mother told him that the cowherd of the buffaloes beat Shaymol. 14. P.W. 5 Yakub Ali a quack doctor has stated in his chief that he was called for treatment of Shaymol on Saturday but he did not give any medicine to him as he could not ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Aziz J AKM Fazlur Rahman J Kalu Sheikh alias Kalam Sheikh and others………….Appellants Vs. State………&hellip..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....llip;…..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdh......d the grounds of detention were placed before the Advisor/Board within one hundred and twenty days from the date of the order of detention, the detenu is being detained legally and no interference is called for by this Court. 7. A supplementary affidavit has also been filed on behalf of the sta......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....rrevocable Power of Attorney in the form of exchange deed in the Office of the Deputy Commissioner, (Revenue) Comilla and the same was duly re‑stamped by the Deputy Commissioner, Comilla. It is also the case of the plaintiffs that they migrated to then Pakistan in the month of August, 1963 and......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ......operties of schedule 'A'. 8. It may be mentioned the suit was finally contested by the defendant No. 1 Government of Bangladesh and defendant No. 5 Rashamoy Pal who figured at the time of trial as DW 2. On behalf of the defendant No. 1 local Tahsilder deposed as DW 1. One of the plainti...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....Shishu Nirjatan Daman Case No.40 of 1999 convicting the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.......it that there is no illegality in the impugned judgment and order of conviction and sentence passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati and, as such, no interference is called for by this Court. He then submits that the prosecution witnesses proved the guilt of the acc......including the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995. The case was sent to the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Jhalakati for trial. 3. The prosecution examined 10 witnesses but the defence examined none. The defence case a......se is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....Sessions Judge, Sylhet passed in Criminal Appeal No. 5(4) of 1988 maintaining the conviction passed under sections 468 and 468/109 of the Penal Code and the sentence of one year rigorous imprisonment and to a fine of Taka 3000 each in default to suffer simple imprisonment for 6 months more ......y and that said two Muktipatras have been created to grab the property vested in the Government. 3. In the background of the aforesaid prosecution case the appellants and 7 others were called upon to answer the charge framed under sections 468 and 468/109 of the Penal Code. The accus......aid prosecution case the appellants and 7 others were called upon to answer the charge framed under sections 468 and 468/109 of the Penal Code. The accused claimed to be innocent. On conclusion of trial the Upazila Magistrate by the judgment and order dated October 10,1988 convicted appellant No...... Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
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