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Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......Rabeya Bhuiyan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dat......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ot state in his FIR, and PWs 2 to 5 did not disclose it before the IO that the appellant caught hold of the victim by his hair. In dismissing the appeal of the appellant and Mansur Ali the learned Judges of the High Court Division observed: "[PWs 2-5] are independent witnesses. They ..Category: Criminal Law | Date: | Hits: 65
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ...... Lawyers Involved: Moksudor Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on- Record -For the Petitioner. Not Represented -Respondents. Criminal petition for leave to appeal No. 62 of 1992 (From the judgment and order dated 22. 4. 92, passed by the H......rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......l Code and section 5(2) of the Prevention of Corruption Act in the Court of Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. On his application under section 561A Cr.P.C., the learned Judges of the High Court Division, by an order dated 24 April, 1992 (Criminal Revision No. 311 of 19..Category: Anti-Corruption Laws | Date: | Hits: 100
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......al is directed against the judgment and order passed by the High Court Division in Miscellaneous case No. 508 of 1991 on 18.7.91 refusing bail of the accused -appellant. 2. The appellant who was a former Chairman of Bangladesh Chemical Industries Corporation is an accused along with two others in......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......and acting in conspiracy with others abated the misappropriation of more than Taka six crores in connection with export of fertilizer to Nepal. 3. Leave was granted to consider whether the learned Judges of the High Court Division upon a proper interpretation of section 497 of the Code of Crimina..Category: Anti-Corruption Laws | Date: | Hits: 92
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......ected against a concurrent Judgment refusing to reject the respondent’s plaint under Order VII, rule 11 of the Code. 2. The plaintiff-respondent instituted Money Suit No. 272 of 1983 before the Third Court of Subordinate Judge, Dhaka asserting, inter alia, that the defendant, a tradi......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......n the explanation; but the explanation after it is repeated cannot be regarded as exhaustively laying down all the possible forces in regard to suits based on contract." 17. The learned Judges also referred to the following observation of Lord Herschell in (1891) AC 107 (144 and 145)..Category: Business or Commercial Law | Date: | Hits: 124
.... Prison, Dhaka Central Jail, is from Judgment and Order dated 31.5.89 passed by a Division 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 impriso......l of Prison, Dhaka Central Jail, is from Judgment and Order dated 31.5.89 passed by a Division 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 imp......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.......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. ......ved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 ...... 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. ......The learned trial Court, however, acquitted all the petitioners of the charge under sections 447/149 of the Penal Code. This order was made in its judgment dated 28 May 1982, On appeal, the learned Judges of the High Court Division found that the identity of the actual assailants, that is, the p..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. ......i Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the ......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. ......soner by judgment and order dated 4.2.92 confirmed the order of conviction and sentence passed upon the condemned prisoner, accepting the Death Reference and dismissing the Jail Appeal. The learned Judges of the High Court Division however differed as to the criminal appeal filed by co‑accu..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. ......ated 24 October, 1989 passed by the High Court Division, Dhaka in Criminal Revision No. 90 of 1985). Judgment: ATM Afzal J: This appeal by the informant following leave arises out of an order of acquittal passed by the appellate Court and conf......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. ......hut. Although PWs 2 and 3 the alleged victims were said to have been admitted in the Pangu and PG Hospital respectively for treatment, there was no documentary evidence on that behalf. The learned Judges noticed that these and another facts on record were considered by the Additional Sessions Ju..Category: Criminal Law | Date: | Hits: 51
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... instance of the petitioner a rule was issued on 15th February, 1990 upon the opposite parties to show‑cause 'within one month from the date of the service why they will not be committed for contempt for violating this Courts order dated 25.1.90, passed in Civil Petition for Special Leave ...... Respondent No. 4. Moazzem Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent Nos. 5-6. Contempt Petition No. 1 of 1990. (Application for Contempt of Court arising out of an order dated 25.1.90 passed by this Court in Civil Petition ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
.... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......of the divisional Special Judge, Khulna. These cases had been earlier transferred by the Sessions Judge and Ex‑officio Senior Special Judge, Khulna, to the Divisional Special Judge, Khulna, for disposal. Similarly, Special Case Nos. 8, 9, 12, 13 and 14 of 1982 and Special Case No. 7 of 19...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ......hat to the Divisional Special Judge for disposal. During the pendency of these two sets of special cases some accused persons in those cases filed applications before the respective Senior Special Judges at Khulna and Bagerhat for transfer of those cases from the court of the Divisional Special ..Category: Criminal Law | Date: | Hits: 118
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
.... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......p; Shahabuddin Ahmed CJ: In this appeal by special leave the question is whether the appellant, who was an Advocate of the High Court of Bangladesh immediately before the 16th December, 1972, is entitled to practise, by operation of law, before the Appellate Di...... Advocate of the Appellate Division of the Bangladesh High Court from 3.8.72 and of the Appellate Division of the Supreme Court from 16.12.72. The Appeal is allowed. No cost. Ed. ......rt Division (WP No. 1270 of 1989) seeking, among other things, a direction upon the Government and the Registrar of the Supreme Court to allow him to practice in the Appellate Division. The learned Judges of the High Court Division, by an order dated 12th November 1989, rejected his claim and di..Category: Others | Date: | Hits: 92
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ...... Petitions Nos. 83/1985, 137/1985, 21/1986 and 33/1986 refusing thereby to interfere with the order of provisional removal of all the petitioners of those Writ Petitions including the appellants before us from their service under the respondent, the Bangladesh Trading Corporation, briefly the &q......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......of the proceeding against him. It was contended by the appellants that this period had already expired when the impugned second show‑cause notice was served on 12 September, 1985. The learned Judges of the High Court Division, in their elaborate judgment dated 10 March, 1987, negatived this..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
.... propriety of an order of the High Court Division dated 28 May, 1989 made in Suo Motu Contempt Rule No. 189 of 1989, by which the appellant, who is a party to a Civil Suit, has been held guilty of contempt of court, convicted and sentenced to fine of Tk. 500.00 Contention of the appellant in sub...... to Shahjadi Begum Wakf Estate from which they got settlement and established their shops. Having learnt that the Dhaka Municipal Authorities were going to demolish their shops they filed the suit for declaration of their title; they also prayed for temporary injunction against apprehended demol......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......t proceeding, failing which he would be produced under arrest, that having thus learnt about the matter he ran to the court and filed this Affidavit‑in‑Opposition. 6. The learned Judges of the High Court Division, upon consideration of the appellant's petition of allegation da..Category: Criminal Law | Date: | Hits: 79
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......se out of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. Case Nos. 506 of 1991 and 507 of 1991 respectively rejecting the prayer for bail of the accused‑appellant under section 498 of the Code of Criminal Procedure. ......will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......inister. No further fact is there about the appellant. 13. In the other case, instead of showing concern that chargesheet was not submitted within the ordinary statutory period, the learned Judges thought it proper to observe without any basis that if the appellant was released on bail &q..Category: Constitutional Law | Date: | Hits: 150
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
.... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ...... AW Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate‑on‑Record‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passe...... should not normally differ from sobriety, moderation and reserve. A Judge is not expected to import his own notions and ideas into law, as we are not making legislative enactments. Ed. ......e LX of 1983. In that appeal the learned Senior Judge made various adverse comments on different laws unconnected with the appeal itself and about the qualities of the Magistrates, Munsifs and the Judges of the subordinate judiciary. In dealing with the appeal the learned Senior Judge has also c..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... is not proper and that miscarriage of justice has been caused by failure of the trial Judge to try this case, along with its counter‑case, according to the established practice and procedure for trial of cross‑cases. 2. The prosecution case (Sessions Case No. 42 of 1985, Fari......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......tituted in which police submitted charge‑sheet against some persons most of whom are prosecution witnesses in the instant case. 3. As it appears, the two cases were tried by different Judges. In the instant case, which was tried by the Sessions Judge, himself, only the accused‑..Category: Criminal Law | Date: | Hits: 69
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ...... is the self‑acquired property of her husband and items 2‑6 thereof are immovable properties inherited by her husband from his deceased mother. Items 7 and 8 were purchased by her husband from proforma‑defendant Nos. 8‑12 by various kabalas Schedule Kha property contains the description of t......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......this petition for special leave is as to the nature of the family arrangement under the Burmese Buddhist Law and whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original..Category: Property Law | Date: | Hits: 52
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......on Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her husband late Abdul Aziz......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......lacs) on two different dates and the complainant stated that upon communication with the bank she came to know that the accused instructed the bank not to pay the amount of those cheques. The learned Judges of the High Court Division also on consideration of the entire allegations found a prima faci..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ...... revisional application after affirming the order passed by the Subordinate Judge, Artha Rin Adalat (3rd Commercial Court), Dhaka in Money Suit No. 99 of 1990. 2. The material fact necessary for disposal of this appeal may be briefly stated as follows: Plaintiff Bank filed a money ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......nds of justice as in the meanwhile the documents had already been marked exhibits in the case. 3. This order of the trial Court was challenged before the High Court Division and the learned Judges of the High Court Division summarily rejected the application holding, inter alia, that the ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....tion Act 1904‑1952 judicial powers were conferred on that Court to enable it to order compliance with its awards and to enjoin persons from committing contraventions of its awards and to punish for contempt. Those provisions were declared ultra vires as there was nothing in Chapter III of the Cons......any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No writ against the decision of the Appellate Tribunal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was ...... 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. ......uates the Central Administrative Tribunal with the High Court its Chairman is to be equated with the Chief Justice of a High Court and the Vice‑Chairman and Members must be equated with the sitting Judges of the High Court in all respects in their pay, age of superannuation and other conditions of..Category: Administrative Law | Date: | Hits: 203
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