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State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......ealt by accused Ashraf without premediation in a sudden quarrel, in the heat of the moment, without having taken undue advantage or acted in a cruel or unusual manner. The trial Court did not take care to see the distinctions between these two offences or to consider the circumstances in which t..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... In the Superintendent and Remembrancer of Legal Affairs, Government of East Pakistan Vs. Kiron Chandra Dutta 15 PLR Dhaka 436 (441) where the respondent, a citizen of Pakistan, had been to India for medical treatment before, the introduction of the system of passport between East Pakistan and India......minster Corporation Vs. London and North Western Railway, 1905 AC 426: "It is well settled that a public body invested with statutory powers such as those conferred upon the Corporation must take care not to exceed or abuse its powers. It must keep within the limits of the authority committed to..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......t ex parte, in absence of the Second Party, the employer, the Labour Court ought to have examined at least the employee's papers to see whether the case was proved. This is the irreducible minimum of care an adjudicating body is required to take before deciding any matter. 5. The appellant conten..Category: Labour and Industrial Law | Date: | Hits: 103
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......ather at the time of marriage. Between 16.6.83 and 23,1.84 the accused‑husband demanded Taka 50,000.00 as dowry from the complainant‑wife and her father. The complainant and her child were left uncared for in the house of her father for two years and the accused‑son was threatening to divorce ..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ews here. 14. For it is common knowledge that none of the High Courts of the sub‑continent has framed any exhaustive and elaborate Rules for disposal of writ applications so as to take care of all procedural eventualities and probabilities. The former High Court of East Pakistan fra..Category: Procedural Law | Date: | Hits: 102
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......rests were not at all protected and therefore he was not properly represented. It was further observed that: "Gross negligence includes inexcusable absence of such ordinary care which under the circumstances of the case a prudent man was bound to take to safeguard his in..Category: Property Law | Date: | Hits: 130
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......vision by the High Court is totally barred, in India it is partially barred, that is, against a person who has already moved the Sessions Judge, but in Bangladesh the conflict has resulted from careless jumbling of the two contradictory provision, one in sub‑section (2) of section 439A..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......sly taken away by the Legislature by a special law". The High Court Division then cautioned that "in interpreting a statute or a provision of the Constitution the Supreme Court must Lake care and see that it does not transgress itself into the field preserved by the Constitution for th..Category: Criminal Law | Date: | Hits: 98
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......ossession by the High Court Division and the consequential order of injunction made by it are fully consistent with the principle for the grant of temporary injunction, and also reveals the utmost care taken by them in making an order which calls for no interference. This appeal is..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......lftuary 1965, after referring to these Regulations 39 and 40 of 1937 re-stated this nature of ad‑hoc appointment and emphasised that ad‑hoc appointment should always be made on a "fixed pay" and "care should be taken not to mention the scale of pay in the appointment letter". This position was f..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ...... Pollution while referring to the adverse effects of air pollution said: "We are experiencing diseases today from hazards we didn't control yesterday. What we don't take care of today will be there for our children to handle tomorrow". We are on a la..Category: Environmental Law | Date: | Hits: 293
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......ention to show any disrespect or undermine the highest Court's authority and dignity in any way and therefore, the appellants most sincerely submitted and undertook that in future they will be most careful not to repeat such incident as would amount to contempt of Court. 8. At the heari..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......ome Judges of the Appellate Division lowering their high image and wisdom in the estimation of public at large. Before making such submission in writing the learned Counsel ought to have taken more care and caution. The judges of the Appellate Division felt extremely uneasy over the care-free ma..Category: Election Law | Date: | Hits: 108
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ...... of these legislations are different but the purpose of the same are distinct and has not overlapped each other. 67. However, section 4 of the Bangladesh Telecommunication Act, 2001 has also taken care of any possible conflict between these legislations for the sake of development and efficient r..Category: Information Technology Law | Date: | Hits: 266
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... into one of suicide by hanging Mammi with the hook of the ceiling fan with the scarf. Mammy’s leg was touching the floor. Such part of the confessional statement clearly fits with the above medical and ocular evidence. If aforesaid evidence are pieced together in the facts and cir......the opening of the door that Ripon tied the scarf 'orna' around the neck of Mammi and pulled the ends. Then Ripon cried out calling mother, Mammi had died. Seeing the dead body of Mammi, she was scared. She also identified the scarf”. 38. Now let us see what Ripon stated in ..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....-7-87 to 14-7-87 and he having no relation at Dhaka could not also inform the office about his illness and after recovery he attended office on 15-7-87 and submitted petition for leave supported by medical certificate and then on 26-7-87, receiving the information that following land dispute his ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 113
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ll forms of exploitation. Article 15(a) says that it shall be a fundamental responsibility of the State to make provision of basic necessities of life including food, clothing, shelter, education and medical care for the people. Article 17 says that the State shall adopt effective measures for the p...... of exploitation. Article 15(a) says that it shall be a fundamental responsibility of the State to make provision of basic necessities of life including food, clothing, shelter, education and medical care for the people. Article 17 says that the State shall adopt effective measures for the purpose o..Category: Constitutional Law | Date: | Hits: 655
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......utional point was discussed in the judgment and no question of law was referred for the decision of this Division. The grant of a certificate of fitness for appeal is a judicial function requiring care and cautiousness of a judicial mind. It is not a mere mechanical act. The High Court Division ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....arned Judges is palpably erroneous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from the criminal act merely on a slight difference between ocular evidence and medical opinion is highly improper, causing failure of justice. 7. The unusually lengthy jud......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
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