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Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......ceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accu......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......st Information Report was lodged by PW 1, father of victim Munir, who was an eye-witness of the occurrence and the First Information Report was lodged within 7 hours of the occurrence and the learned Judges of the High Court Division erred in law causing a great miscarriage of justice in disbelievin..Category: Criminal Law | Date: | Hits: 108
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......p; Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a divi...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......vocate appearing for the petitioner and perused the impugned judgment of the High Court Division as well as the judgment of the trial court and considered the submissions. It appears that the learned Judges having properly discussed and considered the prosecution witnesses came to the finding t..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......he High Court Division in Criminal Appeal No. 680 of 1994 allowing the same upon setting aside the order of the Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respondent for the offence punishable under section 19(A) of the Arms Act and sentencing him to suffer rig......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......is valid in law, but the learned Appellate Court illegally set aside the judgment of the Tribunal causing failure of justice. 9. It is further contended by the learned Counsel that the learned Judges of the High Court Division, in acquitting the accused-respondent, did not take into considera..Category: Criminal Law | Date: | Hits: 106
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ...... Mohammad Fazlul Karim J: - Leave was granted in the appeal to consider the submission of the learned Counsel for the appellant appearing as under: "Mr. Hasan Ariff, the learned Counsel appearing f......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ...... to consider the submission of the learned Counsel for the appellant appearing as under: "Mr. Hasan Ariff, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an ord..Category: Constitutional Law | Date: | Hits: 154
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......er Vs. The State..........................Respondent Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......any appeal before the High Court Division and after the statutory period of limitation he filed an application under section 561A of the Code of Criminal Procedure and obtained rule. The learned Judges of the High Court Division considered the materials on record and did not find any merit..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......ly 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ...... Syed J R Mudassir Husain J.- This Criminal Petition for leave to appeal is directed against the judgment and order dated 19-04-2001 passed by a Division......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ngs and the decisions as arrived at by the High Court Division are liable to be set aside. 6. It is further contended that the alleged eye-witnesses namely P.Ws. 2, 7 and 8 on whom the learned Judges of the High Court Division placed reliance are not at all reliable and independent witne..Category: Criminal Law | Date: | Hits: 99
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......sp; Lawyers Involved: Syed Ziaul Karim Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant Not Represented-Respondent Criminal Petition for Leave to Appeal No 40 of 2000. (From the Judgment and Order dated 10th June 1999 passed by the ......ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......any illegality in rejecting the application filed under Section 265C Cr.P.C. filed by the accused-petitioner. 3. Sayed Ziaul Karim, learned Advocate for the petitioner submits that the learned Judges of the High Court Division were in error in discharging the Rule without taking into consider..Category: Criminal Law | Date: | Hits: 90
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ............Respondent Judgment 28th July 2004 Lawyers Involved: Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant. Abdus Sobhan, Senior Advocate, instructed by A. K. M. Shahidul...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......h the petitioner acted as local agent engaged as a daily rated employee." 2. Mr. Abdul Momen Chowdhury the learned Counsel appearing for the appellants submits that the learned Judges of the High Court Division are wrong in not holding that the judgment and order of the L..Category: Labour and Industrial Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......d by res judicata inasmuch as the self - same Court being in seisin of the previous suit and having disposed of the same the said previous decision of the learned Judge is binding on the learned Judges of the High Court Division disposing of the appeal. 9. Mr. Fida M. Kamal, the learne..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ...... No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......Bangladesh so his property cannot be declared as an abandoned property within the meaning of P. O. No. 16 of 1972. On such findings the trial court decreed the suit. 6. The learned Judges of the High Court Division found that the appellant was a permanent resident of the terr..Category: Civil Law | Date: | Hits: 128
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......ers Involved: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents. Criminal Petition for Leave to Appeal No. 81 of 2002. (From the judgment and order dated 28th April, 2002 passed by t......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......Code. Against the order of framing charge the accused petitioners moved the High Court Division under Section 561A of the Code of Criminal Procedure for quashing the proceeding. The learned Judges of the High Court Division rejected the application under Section 561A of the Code holding th..Category: Procedural Law | Date: | Hits: 104
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......rch 12, 2005. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief…………&hellip......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ts to pay the writ-petitioner LPR benefit, provident fund, gratuity and family insurance and other service benefits. 13. In the instant case in passing the interim order the learned Judges, with all due respect for them, have riot at all considered the question of public inter..Category: Employment/Service Law | Date: | Hits: 109
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk. 2000/- each, in default, to suffer simple i......and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk. 2000/- each, in default, to suffer simp......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ffirming those dated 7.12.2000 of the Administrative Tribunal, Dhaka rejecting the appellant's Execution Case No.3 of 2000. 2. The facts, leading to this appeal, are that the appellant filed the aforesaid Miscellaneous Appeal No.4 of 2000 for declaration that as per judgment dated 24.6.1996 of t......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
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