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State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......9 are heard and disposed of together by this single judgment. 2. The prosecution case, in brief, is that at about 5.00 PM on 28‑6‑1998 PW6 Rowshan Ara sent her eldest daughter Jannati Khatoon, aged about 10 years, to Chandihara Hat to buy some coconut oil and poultry medicine. Since she did n..Category: Criminal Law | Date: | Hits: 54
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......2000 to the plaintiff informing that under instruction of the Ministry it agreed to pay compensation of US $ 614,855.25 and further US $ 100,000 for loss of goodwill, in total US $ 714,855.25 towards full and final settlement of the claims. The plaintiff accepted the offer. Out of the said amount, t......11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting jute goods, as plaintiff on 13‑5‑2001 instituted the suit against the petition..Category: Alternative Dispute Resolution | Date: | Hits: 245
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
.... witness. He stated that he served as telephone operator of Lokpur Fish Company, where Akimul was his colleague, that he heard that Akimul went home on 24‑2‑98 and that Akimul used to talk with a woman over telephone. 10. Monwar Hossain (PW4) stated that he was the Factory Manager of Lokpur F......to leave the place and that some days thereafter, he heard that the body was killed whose name was Akimul as he had illicit relationship with the wife of Ershad Shikder. He has identified the striped full shirt which has been worn by that boy marked as Material Exhibit III. In cross-examination he s......re Akimul was his colleague, that he heard that Akimul went home on 24‑2‑98 and that Akimul used to talk with a woman over telephone. 10. Monwar Hossain (PW4) stated that he was the Factory Manager of Lokpur Fish Company, that on 23‑2‑98 Akilmul did not come for duty, that on 25‑2‑98 ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ...... Kha and Selim dragged her husband from the house and on their call accused Babul fired on her husband. 22. PW10 Abdul Mannan Sikder, in corroboration with the statement of PW6 Farook who is his full brother stated that his house was adjacent to the house of Ismail Kha intervened by C&B Roa......roached and answered. 7. Ismail Kha was made to test the icy touch of death following a shot by firearm at dead of night that is at 2‑00 to 2‑30 hours on 20‑3‑1994, at his own house of Village-Dhudalmow, Police Station-Bakerganj, District-Barisal. 8. Inquest of the dead body of Ismail ..Category: Criminal Law | Date: | Hits: 54
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......নরায় শুনানী হওয়া আবশ্যক”। 6. The reasons assigned by the learned Subordinate Judge are not relevant for reviewing a judgment disposed of on merit after full flaged hearing of the parties. The power of review is not an inherent power-it is conferred by ......ায় শুনানী হওয়া আবশ্যক”। 6. The reasons assigned by the learned Subordinate Judge are not relevant for reviewing a judgment disposed of on merit after full flaged hearing of the parties. The power of review is not an inherent power-it is conferred by law spe..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250......., such statute must be construed strictly with regard to its charging provision, but once exemption or exception becomes applicable after resolving doubt or ambiguity regarding its applicability then full play should be given to it and it calls for a wider and liberal interpretation. 16. We would......nance Act, 1995 providing for tax exemption to certain undertaking set up in Bangladesh between 1st July, 1995 and 30th day of June, 2000 (both days inclusive) provided it was, among other things, engaged in providing physical manufacture facility and an application was made by it to the NBR in the ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......rted consignment was seized, releasable on payment of fine of Tk. 20,000.00 and the duty imposed by the appraiser. It was observed in that case that “The fact that the petitioner has to deposit the full amount of penalty before filing Appeal is not an absolute provision of Customs Act. There are p...... 1,755,000.00 for the import of 3,000 metric tons as per terms and conditions contained in the said Indent. 5. On arrival of the goods the petitioner submitted a Bill of Entry through its clearing agent for the assessment of the Customs Duty on the basis of the C & F value at the rate of US $..Category: Fiscal/Taxation Law | Date: | Hits: 79
Mukit and others Vs. State, 2011, 40 CLC (AD)
....ode. Learned counsel frankly concedes the petitioners guilt of the charges. He however, submits that on consideration of the old age of Mosabbir Ali, the tender age of Liton and Rahela Parvin being a woman, their sentence may be commuted for ends of justice. 15. We have made a cursory of the evi......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ...... house of Fazir Uddin since deceased over felling and selling of some trees. It is alleged that the accused persons forming an unlawful assembly trespassed into the place of occurrence and at one stage they attacked Fazir Uddin with deadly weapons. It is alleged that Mukit gave a blow with a koach..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....course of time informant Asia Begun gave birth to a female child. There was a salish over the matter but the accused remained absent. He denied the defence suggestion that complainant Asia Begum is a woman of loose morals and she became pregnant under unknown circumstances. PW 3 is Abdul Kader, a......t the prosecution has failed to prove the ingredients of section 493 of the Penal Code. Section 493 of the Penal Code reads as follows: “Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual in......used remained absent. On the advice of the neighbours she eventually filed this case before the local Upazila Magistrate. 8. In her cross-examination she stated that one Moulvi solemnised her marriage with Arab Ali. She stated that she did not mention about the first occurrence in the petition of..Category: Criminal Law | Date: | Hits: 67
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......showing the deposit. The petitioner on 23-1-96 informed compliance of such direction. The petitioner also informed the Ministry on 23-5-96 in writing that it deposited Taka 1(one) crore and appointed full-time teachers and fulfilled other requirements as directed by letter dated 22-1-96 and the Gran......ner has been functioning illegally and, as such, the students completing the course are not entitled to the certificate sought by them. In support of his contention he has referred us to the case of Nageshwaramma Vs. State of Andhra Prodesh 1986 (SC) 1188 and the case of State of Tamil Nadu and othe..Category: Others | Date: | Hits: 104
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
...... should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may be summarised as follows:
The petitioners are full brothers, petitioner No.1 is the Director of Madina Metal Industries, a private Limited Company......are the Directors of the said Company. The added respondent No.4 Al-Haj Md. Faroque is also a full brother of the petitioners and was one of the Directors of the Company. The added respondent No.4 managed the affairs of the Company for about fourteen (14) years as the Managing Director. During 14 ye..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ...... for such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued notice demanding justice to the respondents on 6-11-1997 to desist them from charging the full amount and to refund the excess amount so far realised. The respondents, however, did not give ......ssain, 14 DLR 54 (SC) Nachhittar Singh vs. State of Punjab, 1975 (SC) 118; Radhakrishna Agarwal and others vs. State of Bihar and ors, 1977 (SC) 1496 and State of Punjab vs. Balbir Singh and ors, at page 1717; ATM Mehtab Majid and Co. vs. State of Madras and another 1963 (SC) 928. Lawyers Involve..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......al for requisition was approved on 27-8-77 and thereafter notices under section 5(2) were served upon the petitioner and other persons having claim in the land on 8-6-79. The requiring body deposited full compensation money amounting to Taka fifty lac in favour of the land acquisition authority and ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......rmation to the Ministry of Industries but the petitioner did not pay the same as per terms of the agreement. It has been further contended that the petitioner participated in the auction/tender being fully aware of the terms and conditions of the tender schedule and profile of the Enterprise. It was......rred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporation All England Law Reports Vol. 2 page 680 (III); AIR 1973 (SC) 205 and (IV) Ramana Dayaram Shelly Vs. International Airport Authority ..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......e dead body was recovered and police was informed and inquest report was prepared. There were three injuries on the head of the deceased Mokles and one injury below the throat and the entire body was full of multiple injuries. The dead body was sent for postmortem examination. 10. Police investig......to him. PW 3 Babar Miah is also immediate neighbour. PW 1 also narrated about the recognition of the appellants to his father Askar Ali, PW 4. PW 6 was tendered and he is a man of different place village named Shimrail. PW 7 was also tendered and not cross-examined. PW 8 is a formal witness, a const..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ...... to the plaintiff to withdraw a suit to sue afresh in respect of the same subject-matter is a matter of judicial discretion which is to be exercised according to sound judicial principle and not fancifully. If the requirements of Order 23 rule 1(2) of Code of Civil Procedure are satisfied, the Court......he suit so that an indolent plaintiff does not get an unwanted opportunity to ply a second boat in a fresh Suit at the cost of the defendants. Withdrawal of the appeal and the suit at the appellate stage can only be granted when the plaintiff satisfies the Court that the formal defect or defects for..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ...... He occupies certain part, and this occupation becoming actual possession by the will of the parties, extends to the whole which is in immediate conception with such part where the possession is rightfully, though not where it is wrongfully taken Ex parte Fletchar. An appropriate intention where two...... SA Khatian, that the defendant No.3 Shahadat Biswas had no children, he reared up one Babar Ali, defendant No.5 from his early childhood and when he grew up, the defendant No.3 also gave him in marriage, that he made a gift of 0.15¾ acre from Schedule 1 and 0.09 acre from Schedule-2 to the plaint,..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....hat he has been guilty of an offence punishable with death or imprisonment for life. The proviso to the sub-section contains exceptions to cases of a person being under the age of sixteen years, of a woman or any sick person. 12. Medical certificates and other papers show a number of ailments the......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......ber of Parliament and he lives with his family in Bangladesh and there is no question of his abscondence if the prayer for bail is allowed. The learned Counsel further mentions that being in advanced age, KM Obaidur Rahman suffered a massive cardiac attack on 15-8-1997 and is a diabetic taking insul..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43.......section 164 of the Code of Criminal Procedure proved by the learned Magistrate PW 13. (ii) The learned Additional Sessions Judge committed illegality in ignoring the evidence of PW 2 and PW 5, the full sister and mother respectively of the accused Abdul Khaleque who in their testimony supported t......ed that his father-in- law Jharu Mia along with other accused persons Azad Mia, Abdul Kashem and Ali Ashraf advised him to take his father to the house of Abul Kalam on the false plea of talk of marriage of his sister Jahanara Begum and, accordingly, he along with his father in the evening of 19-3-1..Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......her cited cases are distinguishable from those of the instant case and not applicable under the peculiar facts and circumstances of the present case. 36. Section 28 of the BSTI Ordinance, 1985 was fully applicable in the case of the petitioners and so also sub-section (9) of section 11 of the Inv......s Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
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