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Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......unboat fled away except MV Shah Amanat and when the gunboat BNS Tamjeed was busy in arresting MV Shah Amanat, MV Alba tried to escape, Tamjeed, started firing upon MV Alba causing damage to her and injuries to the Master and Chief Officer of the Vessel. The customs officers brought the vessel an..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......his other brothers went to the condemned prisoner's house and found the dead body of the victim on the cot covered by a 'chaddar', that on removing 'chaddar' PW 1 and his companions noticed mark of injuries in the body of the victim, that death was caused to the victim by physical torture and by ..Category: Criminal Law | Date: | Hits: 59
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....(1) defining an 'administrative unit' the primary rule of construction will be sufficient in this case. It is the words used in this Article which will give its meaning. The words in this Article are simple, clear and unambiguous, and on reading these words together a definite meaning emerges. For t...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....d, Advocate and others 15 DLR (SC) 355, also treated the news report as a comment on a case pending before the Court. The appellant was sentenced to pay a fine of Tk. 100'00 in default, to suffer simple imprisonment of 3 days. 8. Now it is contended that when the appellant was not ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... procedure of appeal to the Chancellor is lengthy and cumbersome, and the High Court Division is also of the same view. We do not find any substance in this contention, for, remedy by appeal is quite simple and speedy, particularly when a time limit has been given for the opinion of the Syndicate on......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....38. The facts of the case have been so elaborately described by my learned brother in his judgment that it is needless to restate the factual aspect of the case. 39. This case being not one of simple case of offer and acceptance and drawing up of a formal written agreement only, the entire fa...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....os. 1 and 2 in the occipital region were fatal or grievous in nature; these injuries have been attributed to Manto and Kabul; whereas injuries Nos. 3 and 4, caused by Sayedur Rahman and Bakkar, are simple in nature. From these facts, the learned Judges have held, ‘‘inference of commo......sed, as mentioned above, and eight others including Pradip, they Were variously armed with daos, sulfis, iron rods and lathis. They fell upon him and indiscriminately assaulted him causing several injuries, as a result of which he fell down unconscious. PW 5 Lablu, a school student, while passin..Category: Criminal Law | Date: | Hits: 93
....sion Bench of the High Court Division, Dhaka in Criminal Contempt Case No. 6 of 1989 convicting the appellant for contempt of Court and sentencing him to pay a fine of Tk. 500.00 in default to suffer simple imprisonment for three (3) days.
2. The aforesaid case arose on an application filed by re......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......na Ram and Zeen Ram and that it was the informant's party, who had come to take forcible possession of the land and that in a free‑fight that followed the labourer, Giasuddin, received fatal injuries from unknown assailants and that the petitioners simply exercised the right of private def..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......ushed to the plaice of occurrence immediately on hearing gunshots. Safiuddin was administered first aid by two local doctors, Dr. Ranjit Kumar Majumder and Dr. Delwar but Safiuddin succumbed to the injuries at about 11‑30 AM. The FIR was lodged by informant at 12‑15 PM on the same day..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......lowing that day when after about midnight Ali Mollah along with some others being variously armed entered into the hut by breaking open the door and assaulted them indiscriminately causing serious injuries. Montazuddin was dragged out of the room on to the road and assaulted there further. Attra..Category: Criminal Law | Date: | Hits: 51
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....la passed in Civil Revision No. 308 of 1985 affirming the judgment and decree of the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, pre......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....to the accused and whether it is necessary or advisable in the interest of justice to grant such stay. In the facts of the present case it was not necessary to enter into those considerations for the simple reason that the application for stay of delivery of the judgment was unusually extraordinary,......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... expenditure incurred shall be for the carrying on of the business and the assessee shall incur it in his capacity as a person carrying on the business." 18. The Tribunal missed a simple fact, the most important one, that the expenses, made on the eve of the closing down of the...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....able against the judgment and order of the Administrative Appellate Tribunal established under section 5 of the Administrative Tribunal Act 1980 (Act VII of 1981). That question may be rephrased in a simpler form: Whether Article 117 of the Constitution applies to the Appellate Tribunal? 2. The ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....o being, plaintiff No. 1, asserting his right as an auction purchaser, possessed the disputed land and that he was not required to make any purchase from plaintiff No. 2 and that the release was a simple deed acknowledging the claims of plaintiff No. 1 and not a deed of transfer. The High Court ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ded that the shipping agent or the carrier could raise objection in making delivery of the goods to the respondent but that stage had not been reached. 27. The High Court Division proceeded on the simple assumption that when the goods had already been validly imported by M/s Baker, the Customs Au......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ws on her face and neck. This is the positive statement of the maker himself. PW 7 Dr. Md. Lutfor Rahman who held post‑mortem examination on the dead body of Zahura Khatun found the following injuries on her person: "(1) One incised wound 6" x ½ “x muscl..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the decisions of the High Court Division and in the impugned one a simple thing has been lost sight of. An adjudication on an industrial dispute under section 36(2) or......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......r in the same verandah. The eldest daughter of deceased Noor Ali Mollah, PW 9 Anwara Khatun was sleeping inside the hut with her husband. On hearing cry of her husband the informant woke up and saw injuries on the chest of her husband. She also saw accused Babor Ali going by the southern side of ..Category: Criminal Law | Date: | Hits: 68
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