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Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
.... 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. ......ot well founded view or, in other words, is contrary to general principle of non‑quashing of criminal proceeding on the mere ground of delay, except in case of' extraordinary nature. The concept of time, in either respect, is of the essence for competency of a criminal prosecution cannot be said a......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. ......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. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....tion which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......ence being Death Reference No. 13 of 2000, to the High Court Division for confirmation of the death sentence under section 374 of the Code of Criminal Procedure. The condemned prisoners at the same time filed Criminal Jail Appeal No. 966 of 2000 and Criminal Appeal No. 862 of 2000. 6......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......en Ershad beat Monir on his head with the rifle which was in his hand. The armed companions Liaquat Laskar, Ripon, Sentu, Asad, Babul, Zafor and 30/35 others on the order of Ershad Sikder with firearms, "Kiris", "Hammer," etc attacked the companions and injured them merciless..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)
.... appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......defendant served a legal notice on the plaintiff denying the execution of the 'bainapatra' and that he also asked the plaintiff to vacate the property possession whereof was handed over to him at the time of execution of the 'bainapatra'. Hence the suit. 3. The defendant No. 1, i.e. predecessor ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....n the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......nt March 16, 2004. The Employment of Labour (S.O.) Act, 1965 (VIII of 1965), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post canno......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ter due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......enged stating, amongst others, that the said order of removal was not passed upon fulfillment of the requirement of section 13(1)(d) of the Ordinance because petitioner was not found guilty at the time of passing the order of removal by a competent Court, that convening of the special meeting fo......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
.....................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry nor a commercial, establishment or an industrial establishment. As...... 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 time on 31‑7-1998, he would be deemed to be present in his place of work since 31‑7‑1998 ......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....ourt Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: ...... Judge committed no error in allowing the prayer for addition. Nor such order has resulted in any failure of justice. In the result the Rule is discharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Learned Joint District Judge is directed t......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. ......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. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....ed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......century by different charters Royal Courts of Justice were established for the three Presidency Towns of Calcutta, Madras and Bombay and introduced English Common Law and Statute Law in force at that time so far as it was applicable to Indian circumstances. So, the field was governed by common law u......which has been interpreted both by the common law Courts as well as by the Courts of this Sub‑continent. It appears that the concept of debt had its place in the mediaeval common law in England for recovery of definite sum of money on a promise to pay and after the conquest of Indian Subconti......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. .......30 PM under Raipur Police Station. Shafali Begum, since deceased, has been given in marriage about 14/15 months prior to the date of occurrence with the condemned prisoner Mohammad Abu Taher. At the time of marriage, a sum of Taka 14,000 has been given to him as dowry. Before the occurrence, the co......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..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)
.... the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......rodip Kumar Dutta, sons of the aforesaid Dejindra Chandra Dutta most illegally causing financial loss to the Government. It was also found that the respondent tried to misappropriate Taka 6000 at the time of payment of a Defence Savings Certificate. When the occurrence of temporary defalcation came ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......id suit had been dismissed for default; the respondent No. 1 demanded delivery of possession of the respective premises from the Government by way of evicting Jalil Brothers and others who in the meantime did not surrender possession but the Government as yet failed to arrange delivery of possession......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... it out of his own free will, inspired by the sound of his own conscience, to speak nothing but truth. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confession which impels him to speak out the truth. 46. E......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....n record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......tee and later on plaintiff got that share. In this way the plaintiff got 1.43 acres of land from CS Khatian No. 177 and 0.12 acre of land from C S Khatian No. 227 and have been in, possession. At the time of SA Operation 0.77 acres of land out of 1.43 acres of land was correctly recorded in the name......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......ssed her ignorance how the condemned-prisoner was apprehended, that condemned-prisoner killed his wife while he was insane, for which, Zafar (father of the deceased) did not pursue the case, that sometimes Nazrul would become mad, that she expressed her ignorance that Nazrul was known as "Pagal......d not take meal regularly and often threw them, that month before Chaitra he torched the ceiling of his house when he was kept being tied, that prior to the date of occurrence he became mad and after recovery a bit again he went mad, that when he became mad he chased everybody, that after inflicting...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....s………………………………Opposite parties Judgment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contigui......gment and decree dated 3.8.2000 written down by learned Sub-ordinate Judge, First Court, Shariatpur in Miscellaneous Appeal No.8 of stand maintained. Order of stay passed by this Court at the time of issuance of Rule on 22.10.2000 stand vacated. Having regard to the fact and circumsta...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......d no hand in the matter of trial. If there was a trial in the wrong forum the responsibility must lie with the prosecution. But that does not also mean that an accused can never be tried for a second time by an appropriate Court. The better view is that when it is found after a full trial that there......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....he plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......not well founded since materials were placed on record by the respondent No. 6 to show the price of the plots described as 'institutional plots' at which were sold earlier and at the relevant time and therefrom it was noticed by this Court that the plot in question allotted to the respondent......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......s also been submitted by the learned Counsel for the condemned prisoner that the statements of the witnesses under section 161 of the Code of Criminal Procedure was recorded after lapse of sufficient time and that statement of PW 6 under section 161 of the Code of Criminal Procedure was recorded aft......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....th the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... 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 pre emption and that he for the first time came to know about the transfer of the disputed land on 1-11-1988 and thereafter on obtai....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....ion (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Hafizur Rahman & another.....................Accused-Petitioners Vs. State and others......................................Opposite Parties Judgment January 17, ......ce all necessary medical check‑up was done. She was also under treatment for diabetes under one Dr. Shamsun Nahar Bela as per direction of the accused petitioner No.1 Dr. Hafizur Rahman and at that time she was carrying for 4/5 months. On 25‑1‑2000 when she was quick with child she went ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
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