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Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Jaban Ali (Md) Vs. State, 2002, 31 CLC (HCD)
.... any other case. The trial Court is at liberty to cancel the bail in case of any misuse of the privilege of bail by the accused appellant. Ed. This Case is also Reported in: 56 DLR (2004) 89.......a long time and there is no reason why such a long time is required for framing charge for completion of the trial of the said case. Considering the facts and circumstances of the case, we are of the view that in the interest of justice the accused appellant should be enlarged on bail, since he has ..Category: Women and Children | Date: 10 Feb, 2002 | Hits: 79
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......Hannah Khan, whose clear opinion is that the nature of the injury found on the dead body suggested that the victim, in all probability, would lose his speaking power on sustaining the injury. In such view of the matter, the story of the oral dying declaration by the victim as given out by the eye-wi..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).
....Division. The leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 91. ......yed for cannot be given by the Administrative Tribunal. 4. We have considered the submission of the learned Advocate and the judgment of the High Court Division and we are of the view that the Administrative Tribunal Act 1980 being a subsequent Act to the Industrial Relations Or..Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......ure incurred by the victims for some reasons and it was possibly done in his determination to see that the victims had no escape. Moreover, one does not count his strokes when he commits murder. This view finds support in the case of Dahyabhai Chhanganbhai Thakkar Vs. State of Gujarat, reported in A..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
M. Saleemullah Vs. State, 2002, 31 CLC (AD)
.... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... Senior Advocate (MI Farooqui, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented— the Respondent. Criminal Review Petition No. 7 of 1992. (From the judgment and order dated 23 July 1992 passed by the Appe..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......p; Order XLVII rule I The judgment which has been delivered sealed and signed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to t..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ner. Moreover, the submission of the learned Advocate-on‑Record has already been answered and the same could not be ground for review, for a review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error but no such patent error could b......ved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners (In both the petitions). Amir Hossain, Advocate‑on‑Record‑For the Respondents (In Criminal Review Petition No. 28 of 2000). Respondents‑Not represented (In Criminal Review Petitio..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ip;..Respondents Judgment January 22, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies on patent error…………&......;…………………..Respondents Judgment January 22, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Monsur Ali (Md) and others Vs. State, 2001, 30 CLC (AD)
....onment. In view of afore state of the matter we find no substance in this petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 131. ......e sentenced to imprisonment, on bail for 6 months but the convicts later on did not take any step for extension of the period of bail. 3. In the background thereof the High Court Division upon the view that convicts being fugitive from justice they are not entitled to get relief from the High Cou..Category: Criminal Law | Date: 12 Dec, 2001 | Hits: 123
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ...... law, the impartiality of the police and the Independence of Judiciary from arbitrary interference are the main bulwarks of democratic way of life. The Police should therefore, develop a professional view that their allegiance is only to law and not to the latter of law but to the spirit of law disp..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......that this appellant , and other accused persons were instrumental in delaying the disposal of the case within 360 days as provided under section 339C(2) of the Code of Criminal Procedure. So, in that view of the matter though the case was received on 12‑ 1 ‑1999 the appellant is not enti..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......ould not be run. It is also the case of the Bank that the Bank did not earn any money out of trucks. 10. The application was heard on 11-8-94. Hearing the parties, the executing Court was of the view that the petitioner failed to prove that the trucks were handed over to the Bank in good and ru..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......atan (Bishesh Bidhan) Adalat. The convict Alamgir Hossain is a child below the age of 16 years and as such the trial as held and the judgment passed by the Special Tribunal is without jurisdiction in view of the provisions of section 5 of “The Children Act, 1974”. The learned Tribunal seriously ..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......imprisonment already undergone maintaining the order of payment of fine of the aforesaid amount in default to suffer simple imprisonment for six months. It is the case of the writ petitioners that in view of the aforesaid order of conviction and sentence for the offence of criminal misconduct and mo..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ...... Penal Code there must be allegation of deception at the initial stage of the transaction. The present FIR does not disclose any such deception on the part of the present petitioner, so we are of the view that the allegations made in the FIR do not disclose any offence either under section 406 or 42..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......ourt committed wrong in deciding the title of the respective parties. In such a situation the learned Additional Attorney. General submits that this petition for leave to appeal may be allowed but in view of the fact that the L Court decided the factum of possession in favour the plaintiff which is ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ......ntiff was not entitled to the decree for mere declaration of title to the land in suit without having those decrees set aside but the High Court Division reversed the decree of the trial Court on the view that because of the defence case itself those rent decrees being collusive the same in law need..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ....... It is submitted on behalf of the respondent contempt petitioner that these two notices may be construed as reminder to the appellant for honouring the High Court’s direction but we are of the view that the contempt petitioner moved too fast and tried to force the appellant to pass favourable..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95