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Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......ee appointed by the Ministry of Shipping recommended the application of price escalation made by the petitioner and accordingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has comm..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......opriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revocation was published in Daily Ittefaq on 5‑6‑1982. Because..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill or special know the government was util..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......ns Case No. 120 of 1993 was made to facilitate acquittal of the accused person and, as such, the order removing the Advocate Mr. Md. Borhanuddin is tainted one and the same has been passed without lawful authority and is of no legal effect. it was the further contention of the writ‑petitio..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ......up in the charge-sheet submitted by police and to pray for regular bail in that Court. The learned Magistrate is directed to deal with the prayer for bail of the accused-petitioner in accordance with law. 9. Accordingly, this application is disposed of Communicate the order to the learned Chief..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....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. ......rayed for supplementary investigation on the ground that the allegation of misappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Sp..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....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. ......al on the same night on 165‑1999. Monir and Chayan, however, were brought to Dhaka where they received treatment in the hospital of the Navy with the help of their brother‑in-law Commodore Harun and thereafter in private clinics. 3. The police investigated the c..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)
....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.......to examine itself the disputed signatures" and making tile direction to tile parties as stated hereinbefore. 5. Leave was granted to consider the submissions that the High Court Division erred in law in sending the case on remand on a mere technicality holding that the trial Court ought to have ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....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. ......pellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requirement of law by interpreting the same detrimental or prejudicial to the interest of the worker unless such ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....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. ......nt March 16, 2004. The Pourashava Ordinance, 1977 (XXVI of 1977), Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of t..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......ioner, firstly contended that the learned Judges of the High Court Division failed to apply its judicial mind in appreciating the facts and circumstances of the case and thereby committed an error of law by affirming the judgment and order of conviction and sentence passed by the Tribunal without co..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....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. ......................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 question whe..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....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. ......as been stated that the company is liable to be wound up when it is unable to pay its debts. So, in order to appreciate the scope of the arguments advanced by the learned Advocates let us examine the law and ascertain the legal characteristics of debt. 10. Thus, the only question that calls for..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....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. ......ustified in convicting the condemned prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confined his submission on a technical law point, we are of the view that decision on this point will dispose of the death reference. ..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)
....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. ......es 7 and 10 Natural Justice The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7) Lawyers Involv..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....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. ......ment allowed late Shamsur Rahman to continue with the possession of the premises as tenant; since the property of the respondent No. 1 was also taken over as abandoned property under misconception of law and fact, the Government subsequently released the same from the list of abandoned properties by..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....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. ......cted as author of despicable felony. Incident took place on 13‑4‑1999 at about 11‑30 PM in the homestead of maternal grand‑father of husband Tipu Sultan. 2. Following commission of crime law was set on roll by Abdul Hamid as informant with Kotwali Police Station, Jessore on laying First..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... 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. ......e of occurrence. In the said marriage they were blessed with a son aged about 4 1/2 years old. On 13-2‑98 at 9‑00 PM Nasima (P.W.2), Shalema, Shefali (not examined) and Anowara (P.W.3), mother-in-law of Shalema were taking supper and on seeing that Nazrul became furious and brought an axe from t..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... 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. ......ion is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated only under the provisions of law embodied in section 96(10)(a) of the Act………………………..(6) Burden of proof ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6