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State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....ng a definite tendency pointing towards the guilt of accused person and, though, each of the circumstances by itself may not be conclusive but the cumulative effect of proved circumstances must be so complete that it would exclude every other hypothesis of innocence and unequivocally point to the gu......ce is directed to apprehend accused Md. Delwar Hossain Faraji (in abscondence), son of Abdul Goni Faraji of village-Tali Khail, Police Station Bhandaria, District Pirojpur and put him behind the bars. D. Death sentence imposed upon him to be executed in terms of the Judgment recorded in Se..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....quired to make the pre‑cast piles immediately after receipt of the work order. But in spite of repeated demands the plaintiff did not take the work seriously. At last on 22‑8‑1995 the plaintiff completed casting of the piles. Plaintiff took five months for piles casting. Had the plaintiff comm...... the application, it is stated that on 6‑2-1995 the plaintiff submitted a tender quoting Taka 85, 98,775.50 for construction of 124.075 meters pre-stressed bridge on Jumuneshwari River at Shatibari‑Balua Bondar road under the police station Mithapukur in the District of Rangpur. On 5‑3‑..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
.... months on the basis of the record available. The accused moved the Appellate Division. The Appellate Division in the background of the facts and circumstances of the case directed the trial Court to complete the trial within the time specified by the Appellate Division, if not concluded within the ......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....cuted an agreement and handed over possession of the holding to him. To protect his right and actual physical possession under the agreement, and in order to avoid multiplicity of proceedings and for complete adjudication of the disputes third party sought to be added in the suit as defendant No.4. ......nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....x, recorded statements of witnesses under section 161 of the Code of Criminal Procedure, seized alamats and prepared seizure list. 21. P.W.14 Sub-Inspector of Police Md. Ataur Rahman performed incomplete investigation, recorded statements of eight (8) witnesses under section 161 of the Code. He......eople took her to Tipu Sultans house and in presence of persons wife of Tipu Sultan made disclosure that she with a spade laid blow on her husband. 11. P.W.2 Mahbubur Rahman in his evidence laid bare that on hearing shouting he rushed to scene house and found Tipu Sultan’s throat cut and ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....ent of re-conveyance, if to be deemed to be an usufructuary mortgage, is to be registered under Registration Act and an unregistered Agreement of reconveyance cannot be treated or deemed to be a complete usufructuary mortgage……………..(15) Cases Referred to- Durga Choudhr......ctuary mortgage deed and the same cannot at all come under the mischief either of section 95 or 95A of The Act. Corollary thereof is that Sub 10(d) of section 96 of The Act cannot stand as a legal bar or legal predicament on the part of Pre-emptor. First party in having a favorable judicial verd..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... divorced from the context in which they were made and it is improper to take out a sentence from a judgment divorced from the context in which it was given and treat such an isolated sentence as the complete enunciation of law by this Court. The 48 DLR case has, in my opinion, been mis-appreciated ......ered owner of the mark filed an application under section 56 of the Trade and Merchandise Act 1958 which is similar to section 46 of our Act and the Calcutta High Court took the view that there is no bar in law in invoking jurisdiction under section 56 of their Act when an opposition filed by the re..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....of eye‑witnesses, namely, PWs 1, 3, 4, 5, 7, 9, 10 and 14 are consistent regarding causing injuries on the person of deceased Khaled by the condemned‑prisoner and the chain of evidence is also so complete that there can be no other conclusion other than the guilt of the condemned-prisoner Ersh...... Islam Chayan (PW 4), Mohammad Ali (PW 5) in a private car bearing No. Dhaka Metro Ga‑ 12‑9171 and motor cycle‑Suzuki 125 Khulna Metro‑Ha 11‑303 proceeded towards the ghat. On the way Ali Akbar (PW 12). Ashit Baron Biswas (PW 9), Md Abu Hanif (PW 10) and Shaikh Palash Parvez (PW 14) ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....nnocent. 32. Circumstances noted above are made beads. Links are not missing between one bead and other bead and they do form rosary. The chain of instances against the condemned-prisoner is so complete that it does not leave any reasonable doubt consistent with the innocence of the condemned......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....arments was under the close supervision of the defendant No. 1 and was manufactured maintaining high quality as per order of the buyer. The production of the entire consignment i.e. 22,094 pcs, was completed by 4th January, 2000 which was ahead of/before shipment date. That on completion of the ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....aintiff-appellant are catalogued hereunder: i. Government as Acquiring body did acquire the suit property along with other properties for Requiring body Dhaka Improvement Trust and acquisition was complete on publication of Gazette Notification, Exhibit-2. Plaintiff Bank acquired title on suit pr......Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and another Vs. Lal Meah and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....ies and that in case of defendant No. 1's making inordinate delay in completing the transaction the plaintiffs would be entitled to obtain the kabala through Court. The defendant. No. 1 as he did not complete the formalities for the execution and registration of the kabala within the stipulated time...... execute and register the kabala on January 15,1984, hence the suit. 4. The defendant No. 1 contested the suit taking the general pleas of maintainability, absence of cause of action and of being barred by limitation bad for defect of parties being not ad idem to the contract. It is the specific..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....ment dated 11.11.95 to purchase the suit land with the appellant Jahanara Begum pursuant to an ex parte decree could always impleaded as the defendant or the co-plaintiffs where it is necessary for a complete adjudication upon the question involved in the suit and to avoid multiplicity of the procee...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....; 17. The learned Advocate further submits that the appellant is a bona fide purchaser for value. He has paid valuable consideration to the extent of Taka 44 lac for the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property......ot;even if the articles of the company provided that the directors might, at their absolute and uncontrolled discretion, decline to register any transfer of shares, such discretion does not mean a bare affirmation or negation of the proposal. Discretion implies just and proper consideration of t..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....ul play of this nature. It is a fit case where equity, judicial conscience and fairness demand that this court should exercise the plenary power it derives from Article 104 of the Constitution, to do complete justice. The appeal is dismissed. However, the order of the Hi......ons 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....trial the accused of non‑bailable offence may be released on bail to the satisfaction of the Court unless the Court otherwise direct in writing. Thus the section provides that for failure to complete the trial within the specified time a right is accrued to the accused of an non‑bail......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....rticles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nature whereas PIL is intended......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
....ce had a legal right to insist upon its performance."
Thus one could only, avail the forum by way of mandamus for enforcement of any legal right or to redress the violation thereof.
We are in complete agreement with the finding of the High Court Division that the petitioner is trying somehow......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
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Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ng a private TV channel is not transparent. 58. It also leads us to conclude, in agreement with the High Court Division, that the evaluation report, Annexure ‘B’ is not a ‘complete report’. It does not state what conditions had to be fulfilled by the Ekushey Televi......e ones who alleged malafide. The answer to this is that, if the learned Judges of the High Court Division thought it appropriate that an investigation should be made in writ petition, they were not barred from directing parties to lead evidence. Such an investigation only assists the court in th..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....#39;Manabjamin' and as well as in presence of the Deputy Attorney-General Mr. Bazlur Rahman. After listening to the conversation recorded in the cassette it appeared that the transcript was not a complete one and parts of the conversation have been omitted therefrom. The cassette was again playe......eman Vs. Re (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
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