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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......unsels for the appellants that there was any material illegality in the remand order dated 6-9-1998 without physical production of Shahid in the Court of the Magistrate. Accordingly, we hold that the principles laid down in the said case referred to by the learned Counsels are not applicable in the ......on 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Islam al...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ...... Dakhalnama and boynama and the contesting defendants have proved their title by filing and proving the title deeds like kabuliyats, Dhakhilas, kabala and other relevant papers. It is the established principle of law that the parties on whom the onus of proof lies must, in order to succeed, establis......ee dated 19-7-1999 passed by the Subordinate Judge, First Court Jhalakati, in Title Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-19......9 and consequently the impugned judgment and order does not suffer any illegality or legal infirmity to interfere by this Court in revisional jurisdiction. 19. The moot question that calls for our determination is whether the learned Additional District Judge, Jhalakati, committed any error of la..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......e presented. The letter of credit is separate and distinct from the underlying contract between the seller and buyer. The issuing bank is concerned with the documents and not with the goods. But such principle is only subject to fraud exception and the issuing bank can refuse payment even after its ......and Mastas, [1966) 2 Lloyd's Rep 495; Uttara Bank Vs. Macneil and Kilburn Ltd and others, 33 DLR (AD) 298; Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371: Janata Bank Vs. Ahmedia Garments 40 DLR 72; Comforts Apparel Vs. Imperial Knitting Industries Ltd and others, 52 DLR 350; Chartkar Information Hold......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 290
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......mmencement of commercial production or not or whether the same were left only as installed or whether the same is used to meet the emergency supply of the demands of the buyers must be ignored on the principle of Wabbing and Belting's case. From the present case also we do not find that the 8 old ma......ah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonuddin Mahmud, Advocate—For the Petitioners. Kazi Waliul Islam, Assistant Attorney-Gene...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......ary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the case referred to above fully applies in the facts and circumstances of th......of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad,......ection by the Court. 16. In the case of Shamsul Haque Vs. Ministry of Law, Justice and Parliamentary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The ..Category: Election Law | Date: | Hits: 87
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... the industry must be encouraged and (3) MC Mehta Vs. Union of India (2001) 9 SCC 235, which relates to sitting of brick kilos within 20 km radius of the Taj Mahal as a precaution in keeping with the principles of environmental management. He also referred to the decision in the case of Bangalore Me......nd 3.
Writ Petition No. 3548 of 2003.
Judgment
Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the Speaker and Deputy Speaker within the National Assembly Area in violation of the original pl......however, the necessity to give notice to the Municipal Authority before commencing construction. This was with a view to eliciting objections/suggestions of the Municipal Authority with regard to the determination of site and plan of the proposed construction. In the instant case admittedly, no noti..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..........Appellant Vs. State…………………………………………………………………..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction...... Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......ion evidence examination of the accused is mandatory and non examination of the accused under section 342 vitiates the trial. No explanation has been given as to why the accused was not examined. The principle has been supported by the reported case of Malu and others, Osman and others, Ratan Vs. St......hy the impugned judgment and order dated 19-11 2000 passed by the learned Special Tribunal Judge Court No. 8 Khulna in Special Tribunal Case No. 236 of 1999 should not be quashed. 2. on a first information report lodged by Habildar Abu Musa of Rupsha Police Box. Khulna PS Case No. 21 dated 19-5-......ed-petitioner was held in contravention of the provisions of section 6 of the Children Act. In the instant case the Magistrate as well as the trial Court failed to apply their judicial mind as to the determination of the age of the accused-petitioner Solaman who appears to be below the age of a majo..Category: Criminal Law | Date: | Hits: 53
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......n J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revisional application should not be condoned. 2. Heard the learned Advocate for the petitioners and the learned Advocate for the opposite party. Perused the application for con......hers reported in 45 DLR 30 and in the case of District Primary Education Officer Vs. Joynal Abedin and others reported in 40 DLR 328 in support of his contention. 12. The only point that calls for determination in this case is to see whether the petitioners have shown sufficient cause arising out..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ...... opportunity to explain the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limi......, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 15(fi......r dated 1-11 -2004 passed by the learned Sessions Judge, Sylhet in Criminal Appeal No. 124 of 2004, the petitioner preferred this revisional application and obtained the Rule 9. Now, the point for determination is. Whether the judgment and order dated 1-11-2004 passed by the learned Sessions Judg..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......by the co-accused Pijush Kami Barua, the appellant has been convicted which cannot be the sole basis of conviction in the eye of law. The learned Counsel empathically submits that this is the settled principle of law and cites a decision reported in 1998 BLD (AD) 43 in support of his contention. Bes......, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were convicted and sentenced to suffer rigorous imprisonment for 10 years in Session Case No. 161 of 1994 arising out of Raujan Thana Case No. 8(3)/90 correspond......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......f the evidence of PWs 2 and 3 we find that they did not disclose the material facts at the earliest point of time. Belated disclosure of material facts renders their evidence doubtful. In this regard principle of law has been settled. In the case of Asadur Rahman alias Asad and others Vs. State repo......arned Additional Sessions Judge, 4th Court, Mymensingh in Session Case No. 66 of 2002 convicting the appellant under Part-II of section 314 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case, in brief, is that deceased Sarifa Akter, wife of Md Rafiqul Is......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......may proportionately vary in its gravity and criminality from the offence approaching almost to a murder to a simple hurt in which a small fine may be an adequate punishment. 7. It is a fundamental principle of criminal law that the accused should be informed with certainty and accuracy the exact ......nd order dated 26-8-2001 of the learned Sessions Judge, Hobigonj, in Sessions Case No. 190 of 2000 convicting him under section 304 (sic) of the Penal Code and sentencing him to rigorous imprisonment for ten years with a fine of Taka 5,000 in default, to suffer rigorous imprisonment for one year mor......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ...... neither filed any petition from jail or directly filed any petition in Court or made any oral allegation retracting from the confession. So, his last moment retraction cannot be accepted. 71. The principle expressed in two cases applies to the facts and circumstances of the instant case. 72. ......ukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Na......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......may be amended. In support of his contention he referred the case of Md. Sirajuddin Vs. Mahibunnesa and others reported in The Lawyers Volume I (AD) 136, wherein it is held: "It is an established principle of law that the prayer of amendment can be allowed at any stage of the proceeding in order......are that on 27-8-1994 the petitioner as plaintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, th......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......5-4-2003 passed by the learned Magistrate, 1st Class, Sadar Chittagong in Criminal Miscellaneous Case No. 206 of 2001 should not be quashed. 2. The petitioner filed an application on 31- 12-2001 before the Court of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of C......f the Code of Criminal Procedure is a proviso of entire section itself because the expression "pending his decision under this section" has been issued. In other words, when the entire dispute awaits determination under section 145 of the Code of Criminal Procedure then in the case of emergency, "If..Category: Criminal Law | Date: | Hits: 55
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......even if the same is found not to have been used continuously, we find that the facts involved in the said reported case are quite distinguishable from the facts of the instant cases and, as such, the principle of law enunciated therein cannot be applied in deciding the merit of these cases. And we a......e Deputy Registrar of Trade Marks, Dhaka rejecting Rectification Case No. 244 of 1998. 3. Short facts leading to the filing of this trade marks appeal are that the appellant filed an application before the Registrar of Trade Marks, Dhaka under section 37 and 46 of the Trade Marks Act, 1940 (herei......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......hers, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. Province of Madras, PLD 1947 PC at page 180; A K Raha Ltd. Vs. State of Punjab, AIR 1961 (Calcutta) at page 166. Lawyers Involved: JN Deb for Mahbub Ali with Md. Ekranml Hoque. Foujia Afrin, Sharmin Jahan Zeba, Advocates—For the Petitio......ngh had equal share of the land of Babu Singh. He lastly submits that the plaintiff may go for separate saham of 1/3 rd share out of 342 decimals of land. 18. The moot question that calls for our determination in this revisional application is, whether the learned District Judge, Moulvi Bazar co..Category: Property Law | Date: | Hits: 75
.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......resident and General Secretary so that they may not be harassed by the employer by transferring them from one place to another without their consent for Trade Union activities.
14. The established principle of law is that even if there is an alternative remedy provided by a Statute if a legal rig......t has been further stated that the petitioner's Trade Union was elected as Collective Bargaining Agent (CBA) in the year 1986 and reelected in the year, 1988 but since then there has been no election for Collective Bargaining Agent (CBA). Thereafter, due to various disputes the petitioner's Trade Un...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......es which does not mean that in case of a bona fide human error, the Court will not be in a position to grant leave to file document in unavoidable and exceptional circumstances. 24. From the above principles as settled in the case of Moyesuddin Mondal Vs. Bena Rani Das reported in 45 DLR 154 it i......e Code of Civil Procedure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The f......l Vs. Bena Rani Das and others, 45 DLR 154 and in the case of Ram Lal Dhirta Ram Vs. The Delhi Municipal Corporation, Delhi, AIR 1973 Delhi 112 in support of his contention. 12. Now, the point for determination is, whether the learned Joint District Judge committed any error of law resulting in a..Category: Property Law | Date: | Hits: 131
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