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Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....09;Record‑For Respondent Nos. 2, 16 & 18‑32. Not represented ‑‑Respondent No. 17. Civil Appeal No. 46 of 2000. (From the Judgment and Order dated June 29, 1999 passed by the High Court Division in Writ Petition No. 3005 of 1998). ...... the Special Public Prosecutor, that as per provision of section 492 of the Code of Criminal Procedure read with the provision in Legal Remembrancer's Manual it is not necessary to serve show cause notice before terminating appointment of the Special Public Prosecutor or Public Prosecutor, that ......angladesh was appointed along with another Advocate as the Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993. The respondent No. 1 while conducting hearing of the aforesaid Session case, the Ministry of Law, Justice and Parliamentary Affairs (Solicitor Wing), by ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....#8209;on‑Record‑For Respondent Nos. 3‑31. Not represented‑Respondent Nos. 1‑2. Civil Appeal No. 45 of 2000. (From the Judgment and Order dated June 29, 1999 passed by the High Court Division in Writ Petition No. 2982 of 1998). ......that the writ petitioner because of removal of Advocate Mr. Md. Borhanuddin having fell that the order of removal so made would cause failure of justice and, as such, to bring the said fact to the notice of the Court by way of filing the writ petition by Mr. SM Jillur Rahman was quite legal and ...... The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of such appointment by one claiming himself as informant or witness of the case, “can hardly be considered legally well conceived” and s..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8. Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by the High Court Division in Writ Petition No. 3939 of 2003). ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ...... Advocate, instructed by Ahsanullah Patwary, Advocate‑on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8. Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....ional Advocate with him) instructed by AKM Shahidul Huq, Advocate‑on-Record ‑ For the Respondents (In all the appeals). Criminal Appeal Nos. 33‑37 of 1999. (From the Judgment and Order dated December 11, 1997 passed by the High Court Division in Criminal Revision Nos. 5‑8 of 1996 an......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......rol or factors which are outside the control of the prosecution or the delay that has occurred is not a deliberate act of delay on the part of the prosecution in that case delay shall not be a ground for quashing of the proceeding…………………..(10 & 13) Investigation by Assistant In..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
.... SR Khoshnabish, Advocate-on-Record—For the Petitioner. Not Represented—Respondent. Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 of 2003). Jud......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......Advocate (Syed Ziaul Karim, Advocate, with him), Instructed by Md. SR Khoshnabish, Advocate-on-Record—For the Petitioner. Not Represented—Respondent. Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....9;General with him), instructed by Mvi Md Wahidullah, Advocate‑on‑Record-For the Respondent. Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition for Leave to Appeal ......d did not find any injuries on his chest or any mark indicating that the petitioner or any of his companions had assaulted or done harm on the chest of the deceased. But the learned Judges neither noticed nor discussed this vital aspect staring, in the face of the evidence on record and thus the......Record-For the Respondent. Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 97 of 2003 with Criminal Miscellaneous Petition for Leave to Appeal No. 13..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....cate with him) instructed by MG Bhuiyan, Advocate-on‑Record ‑For Respondent No. 1. Not Represented ‑ Respondent Nos. 2‑3. Civil Appeal No. 45 of 1997. (From the Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgm......onsideration money and that in spite of repeated demands by the plaintiff as the defendant on receiving balance of Taka 25,000 was not executing and registering the kabala, the plaintiff served legal notice and thereupon the defendant served a legal notice on the plaintiff denying the execution of t......Act, 1872 (I of 1872) Section 73 The High Court Division is competent enough to compare signature of the defendant in the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
.... Md. Wahidullah. Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 312 of 2001. (From the judgment and order dated 13‑8‑1998 passed by the High Court Division in Writ Petition No. 1805 of 1995) ......into the office of the Deputy Manager (Tech) and also for his misbehaviour with him on 26‑12‑1991 and that under the aforesaid charges he was placed on suspension and was served with a notice to show cause and he replied to the said notice on 28‑1‑1992 denying the allegat......being not done in the instant case there has been noncompliance with the provision of law in sending the grievance petition. 3. The respondent No. 1 filed a complaint case before the respondent No. 2 stating, inter alia, that he joined as bus conductor in Bangladesh Road T..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
.... Additional Attorney General instructed by Sufia Khatun, Advocate-on-Record –For the respondents. Civil Petition for Leave to Appeal No. 1659 of 2003 (From the Judgment and Order dated October 29, 2003 passed by the High Court Division in Writ Petition No. 5958 of 2003). ......val of the resolution within three days but the same was not taken within the specified time as required by Rule 12. It was also the contention of the petitioner that lie was deprived of reasonable notice before taking the impugned action against him. 3. The High Court Division while......on of Bangladesh, 1972 Article 9 The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of tim......rding any opportunity to cross-examine the witnesses. He, however, submitted a written explanation to the enquiry officer who illegally found him guilty and submitted the report. Thereafter, a second notice to show cause was served upon him on 11-1-2000 and he submitted his reply to the said notice ......ons of their service are regulated by the provisions of the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expir..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....vision No.2433 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......hers.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and enforceable in law Addition of subsequent transferees is necessary for proper adjudication of the..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... to a person he becomes a creditor and can maintain a petition. A creditor is a person to whom the company owes a debt i.e. a definite sum of money presently due but may be paid now or in some future date, the learned Advocate contends. The learned Advocate finally submits that the claim of the peti...... t heir legal dues namely, arrear salaries, allowances and provident fund dues. These dues were not paid in spite of repeated requests and reminders. Ultimately, both the petitioners served statutory notice under registered post vide annexures "J" and "K" respectively. As usual t......t. Company Matter Nos. 96 and 97 of 2001. Judgment Syed Amirul Islam J.- These two matters namely, Company Matter No.96 of 2001 and Company Matter No.97 of 2001 were taken up together for hearing because the respondent in both the matters is the same company and issues involved are a..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....ndemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat has sentenced him to death by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. T......ident from Ali Ahmed (PW 3), the informant has come to the place of occurrence and seen that Shafali Begum has been lying dead in the west Bhiti hut. The dead body has been kept under a cover. He has noticed injuries on her person. The condemned prisoner has assaulted the victim with chain to death.......tion 25 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 has been made by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Lakshmipur. Condemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....8209;Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 57 of 200......e same could have been reported to law enforcing agencies but the authority proceeded against the respondent with the departmental proceeding by appointing Mr. Abdus Sattar APMG (Security) who issued notice to the respondent on 47‑1996 fixing 8‑7‑1996 for appearance and hearin......olved: Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Admi..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....Senior Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑27. Civil Appeal No. 33 of 1998. (From the judgment and order dated 31st August 1997 passed by the High Court Division in Writ Petition No. 3223 of 1996). Jud...... the original owner by sale deed registered in 1965 and at the instance of certain interested quarters the Government enlisted the same in the list of abandoned properties in 1972 without issuing any notice upon him; two old tenants, one being Mushraqui Traders Ltd, was inducted a tenant, by the app......the vacant possession of the ground floor of the building situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....arned 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 judgment and order dated 19th February, 2001 in Sessions Case No.84 of 1998. Condemned Prisoner, pursuant there of pref......tantive piece of evidence and drew adverse presumption against the defence on the reasoning that they did not mention about the insanity of the condemned-prisoner to them. The learned Judge failed to notice that a statement of a witness recorded under section 161 Cr.P.C couldn't be used as subst...... 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
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in the ......ite party in the first or second day of the month of falgoon. 1404 B.S. became aware of the transfer matter, pre emptee Second opposite party was a stranger to the transferred holding. No co-share notice had been served upon pre-emptor First opposite party vendor petitioner exercised acts of pos...... rule "ei incumbit probatio quit dicet non que negat" the burden of proving a fact rests upon the party who substantially asserts the affirmative of the issue and not upon the party who denies it; for a negative is usually incapable of proof. This Rule is derived from Roman Law and, is supportab..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....torney General, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not represented‑The Respondent. Criminal Appeal Nos. 27 of 1997. (From the Judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No. 2013 of 1992). Judgm......ecution and that SP was not the proper authority to sanction. The High Court Division concluded as follows: "From the lower court record it does not appear that the learned Special Judge took notice of such a patent fact and that any sanction letter was ever produced before the learned judge......section 403 of the Penal Code and section 5(2) of the Prevention of Corruption Act, II of 1947 by which the respondent was convicted by the Tribunal and was sentenced to suffer rigorous imprisonment for one year separately under both the sections and to pay a fine of Taka 1000/on both counts, in de..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dditional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent state. Criminal Petition for Leave to Appeal No. 17 of 2003. (From the Judgment and Order dated May 7, 2002 passed by the High Court Division in Death Reference No. 14 of 1998. (Heard along ......nesses who immediately after the incident arrived at the place of occurrence were not considered. The submission so made is of general nature. It has not been specifically submitted or brought to our notice which particular contradiction in the evidence of which particular witness was not considered......ary 18, 2004. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of impr..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....ocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 passed by the High Court Division in Civil Revision No. 3891 of 1997). ......tore. The pre- emptor's case was that he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the pre-emptee without serving the statutory notice upon him obtained the disputed deed of transfer collusively in order to defeat his right of p......olved: Shahidul Islam, Advocate, instructed by Md Nawab Ali, Advocate‑on‑ Record ‑ For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 1368 of 1999. (From the judgment and order or dated 23rd May, 1999 pa..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
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