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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....ch cancellation of the appointment of said Advocate Mr. Md. Borhanuddin as likely to hamper the proper conducting of the Sessions Case and consequent thereupon as there is likelihood of failure of justice, he (SM Jillur Rahman) is competent to challenge the order of removal of Advocate Mr. Md. B......ointed as Special Public Prosecutor to conduct the aforementioned Sessions Case. 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. ............................Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of t......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. ...... This Case is also Reported in: 57 DLR (2005) 244. ...................................................Opposite Party Judgment April 4, 2004. Result: The Application is disposed of. Case Referred to- Abdul Wadud Vs. State, 48 DLR 599. ......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)
.... process. The circumstances of each case, in which the inherent power is invoked, must be examined with care to determine whether the judicial proceeding is really intended to 'secure the ends of justice' or is really 'an abuse of the process of the Court'. Each case of such kind must rest on it......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. ......Criminal Procedure, 1898 (V of 1898), Section 561A The Anti‑Corruption Act, 1947 (II of 1947), Section 5(2) The circumstances connected with the delay in terminating the proceeding will have to be examined in each case to determine whether the delay constitutes abuse of the process of the C......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. ......; the same day at 9‑00 PM, "Chayan" on way back to home received a telephone call from accused Ershad Sikder who asked him to come to Ice factory attached to IWTA ghat No. 4; Monir accordingly accompanied by Mohammad Ali, Khalid Hossain started for IWTA ghat No. 4 as per instruct......e reversed in review basing on the evidence already on record when a different opinion could be arrived at on fresh evaluation of the evidence………(14) Cases Referred to- Zenith Packages Ltd vs Member, Labour Appellate Tribunal, Dhaka and others 52 DLR......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)
....plaintiff himself and by two other attesting witnesses, PWs 2 and 3 and when the learned Judges of the High Court Division did not disbelieve the attesting witnesses, and this has caused a failure of justice, that in view of previous successive remand orders of the suit no further opportunity ought ......e Building Finance Corporation (HBFC) and that he resides in the ground floor, that in the last part of December, 1980, plaintiff No.1, appellant herein, approached him to take lease of the house and accordingly, plaintiff took possession of the suit house as monthly tenant upon fixation of monthly ......ents Judgment March 20, 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 107(2) The Evidence Act, 1872Â (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 th......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. ......rievance within the time specified, and to guarantee actual sending of the grievance to the employer, the requirement of submitting it in writing by registered post has been mentioned. It does not, according to us, mean that the submission of the grievance must necessarily be made by registered p...... 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 cannot be held to be non-compliance of the requirement of law by interpreting the same detrimental or prejudicial ......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)
.... proceeding of the meeting of the Pourashava dated 19‑4‑2003, bring the petitioner within the mischief of section 13(1) (d) above", that this error has resulted in miscarriage of justice and the petitioner has been gravely prejudiced thereby. ......t Division has observed as follows: "The period as contemplated for forwarding the resolution within three days from the date of passing is, according to us, not mandatory. Moreover, from the fact that the proceeding was signed on 10‑......rashava 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. Lawyers Involved: TH Khan, Senior ......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
....tions from the Banerjj's case and the statements made in para-159 of the Bangalore Water Supply case we understand and appreciate the anxiety of the Supreme Court of India to dispense even-handed justice to the workers and to establish social justice in the said great country. No doubt, the adva......ork he was appointed a market inspector, that he joined the service of the Corporation as a worker and remained so even as a market inspector as he was never employed in managerial capacity, as such, according to the provisions of sub-section (2) of section 18 of the Employment of Labour (Standing O......n 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 and is also entitled to his full emoluments. ...... ..............................................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 ind..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
....e of Criminal Procedure, 1898 (V of 1898), Section 561A The Constitution of Bangladesh, 1972, Articles 103 & 104 Considering the facts and circumstances of the cases and to meet the ends of justice conviction under section 4 of the Anti-Terrorism Act is upheld but the sentence of rigorous ...... where the first information report was lodged. 4. After investigation, police submitted charge‑sheet against the convict‑petitioner under section 4 of the Anti‑Terrorism Act, 1992 and accordingly, charge was framed, to which the petitioner pleaded not guilty and demanded trial. 5....... Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the conviction, the sentence is modified to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorou......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)
....ty to the agreement, his presence at the hearing of the suit is not at all necessary and the trial Court committed a serious error in allowing the prayer for addition which has resulted in failure of justice. 5. Secondly, he submitted that in the instant suit third party has got no cause of act......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. ......e plaintiff’s case of alleged contract between the plaintiff and the defendant No.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit. Addition of opposite party in the suit cannot be said to be not ne......................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)
.... it is only in 1773 for the first time through Charters three Royal Courts of Justice were established in the three Presidency Towns of Calcutta, Madras and Bombay and those Courts used to adjudicate justice in accordance with the law then prevalent in England and this continued till 1872 until the ......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. ...... 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. ......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. ........Petitioner Vs. Md. Abu Taber ..............Respondent Judgment March 1, 2004. Result: The death reference is rejected & Jail appeal is allowed. Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh ......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)
....tice 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 Involved: Mvi. Md. Wahidullah, Advocat......ural justice inasmuch as the rules VII and X of the Government Servants (Discipline and Appeal) Rules, 1985 have not been complied with thereby seriously prejudicing the respondent in his defence and accordingly, set aside the impugned order of compulsory retirement of the petitioner and restored hi......ment Servants (Discipline and Appeal) Rules, 1985, Rules 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 ......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. ......m constructed three‑storied building on the said land; subsequently, the partnership was dissolved on 30‑6‑70 mutually by a deed of dissolution of partnership and accounts were settled amicably according to which Enam Elahi and Brothers was converted into a sole proprietory business and its pr......operty was declared abandoned, the appellant, not being in the same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayub vs. Bangladesh and others, 39 DLR (AD) 111. Lawyers Involved: Khondker Mahbub......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)
....ice. II. Whether imposition of death penalty upon condemned prisoner is proper punishment for her or a lesser punishment engrafted in section 302 the Penal Code can be imposed in the interest of justice. 66. There is no eye‑witness witnessing commission of crime by condemned prisoner Pro...... the neck 3" x 0.25" x bone deep resulting cutting of the trachea, great vessels (Ext carotid), nerves and other soft structures and cutting of the body of the 7th cervical vertebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuri...... February 17, 2004. Result: Death Reference No.43 of 2001 stands rejected. Criminal Appeal No.3459 of 2001 and Jail Appeal No.3887 of 2001 are dismissed. Cases Referred to- Abdul Bahar alias Abul Bashar and others Vs. State, 1995 BLD 84; Nazir and others Vs. State......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)
....per reporting and he gave precedence to those reporting over the evidence on record while finding the guilt of the condemned prisoner of the offence charged against him. Judges should administer justice on the basis of the materials on record and not on any other extraneous facts. The newspaper...... 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. ......Nazrul……………Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail Appeal is allowed. Cases Referred to- Shamsul Haque alias Shamsul and others Vs. State, 38 DLR (AD) 75; Dahyabhai Chhaganbhai Tha......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. ...... 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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦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 contiguity ......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
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ......ction and the impugned order of conviction and sentence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ...... Islam J State ........... Appellant Vs. Moslemuddin (Md) ............ Respondent Judgment January 19th, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney ÂGeneral, instructed by AM., Md Wahidullah Advocate‑on Record‑For the Appellant. Not......tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed.  Ed. ..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....t was observed, "in view of the decision of the Appellate Division the learned Assistant Attorney General candidly Submitted that there is no point is sending the case for fresh trial and interest of justice will be better served if the case is finally decided by this Court, We find substance in sub......in the words of the enactment. 17. In view of section 5 of the Code of Criminal Procedure, all offences under the Penal Code shall be investigated, inquired into, tried and otherwise be dealt with according to the provisions of the Code of Criminal Procedure. Section 190 of the said Code empowers......uiyan J State……………Petitioner Vs. Bahar Miah …….......... Condemned Prisoner Judgment January 18, 2004. Result: The death reference is rejected. Cases Referred to- Sris Chandra Nandy Vs. Rakhalananda Thakur, AIR 1941 PC 16; State Vs. Eunus Kha, 5 BLC 353; S......bors. They have not stated the names of the neighbors from whom they learnt that the condemned prisoner assaulted Shamima to death for dowry. Therefore, these statements are not legally admissible in law. The learned Judge of the Tribunal illegally recorded the statements of the witnesses or, in the..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)
....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. ......1993 is null and void." 2. The suit was filed seeking a decree for permanent injunction against the defendant Nos. 1-5 restraining them from leasing out the land described in the schedule to the plaint to the defendant No. 6 and from registering the lease deed in favour of the said respo......fendant No. 6 and took decision to lease out the land in suit as institutional plot to him. It was the definite case of the defendant Nos. 1-5 that the allotment was made upon due compliance of law and the allotment so made was neither improper nor illegal. It was also the case of the defendan..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
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