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Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)

....ircumstances held: “25. . . . in order to complete the offence under section 394 of the Penal Code there must be hurt sustained by the victim during occurrence at the hands of the accused person/persons. In the instant case it appears that some of the PWs including the victim himself as PW11 ha......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ...... The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58

Babul and others Vs. State, 2011, 40 CLC (HCD)

....the commission of the murder of deceased Mohor Ali. In this case the circumstantial evidences are not such as are incapable of explanation on any reasonable theory except that of guilt of the accused persons….” 10. In (1990) 10 BLD 179 their lordships of the High Court Division allowed an app......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......kider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Bulu and others Vs. State, 1992, 21 CLC (HCD)

....ed with the weapons in their hands. At that time witnesses Sohel and Abul Khair came to the place of occurrence on a motor cycle. P.W. Backkar saw the whole occurrence from a nearby shop. The accused persons fled away while they were chased by the witnesses and at the time of going they took the gol...... not arise. Referring to the evidence of P.Ws. 1‑3 Mr. Serajul Huq, the learned Advocate for the appellant Naka Sayed, Khairul and Azizul submits that the witnesses being close relations are highly interested in the prosecution and in the absence of any evidence of an independent witness who are s......ey should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..

Category: Criminal Law | Date: | Hits: 83

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....cie case having been found against the appellant only charge‑sheet under sections 302/201 of the Bangladesh Penal Code was filed against the appellant and final report against the remaining accused persons who were ultimately discharged. 3. At the trial the appellant was charged under sections ......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....nnexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a period of two years. An order was also passed stay......to take any other action as he deems fit. At this stage as we are discussing the removal of the mutwalli by the Administrator let us read section 37 with that in mind, Section 37 reads, “Any person interested in a Waqf may make an application, supported by an affidavit, to the Administrator to ins......refore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...

Category: Trust/Waqf Law | Date: | Hits: 157

Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)

....li (since acquitted) for murdering her husband Amjad Ali as Jamshed had got enmity with her husband. P.W.17 Azizur Rahman, Sub‑Inspector of Police, took up the investigation of the case. He engaged persons and from the information obtained from such source he arrested accused appellants Bashir and......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......uitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..

Category: Criminal Law | Date: | Hits: 62

Abdul Jalil Vs. Chairman, Rural Electri­fication Development Board and others, 1992, 21 CLC (HCD)

.... 5. Mr. SAM Mahbub Elahi, the learned Advocate appearing for the respondent Nos. 1 and 2, submits that the respondents may entrust anybody it likes with the works and may put restriction on certain persons. There is no compulsion to allow each and every person to participate in the Works and the r...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......s to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..

Category: Constitutional Law | Date: | Hits: 187

Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)

....in the Examination Hall and that the allegations brought against him are false. The petitioner also contended that at the time of examination or before publication of the result no invigilator or the persons responsible for administration for holding the examination lodged any complaint against the ......mination or before publication of the result no invigilator or the persons responsible for administration for holding the examination lodged any complaint against the petitioner but subsequently some interested and jealous persons lodged the said complaint before the University Authority with some ......e-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......te Education, UP Allahabad Vs. Bagleshwar Prasad, 1963 All LJ 676 (SC), it was observed by the Indian Supreme Court: “In dealing with petitions of this type, it is necessary to bear in mind that educational institutions like the Universities or appellant No.1 set up Enquiry Committees to deal w..

Category: Others | Date: | Hits: 122

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

....in the service of the Republic as enshrined in Article 29 of the Constitution have been violated. 6. As such, the petitioner being seriously aggrieved by the aforesaid promotion of the above three persons approached this Court for enforcing his fundamental rights as enshrined in Article 29 of the...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..

Category: Employment/Service Law | Date: | Hits: 173

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....upheld by the High Court Division under the provisions of clause 21 of the Contract and section 20 of the Arbitration Act. Section 20 of the Arbitration Act runs as follows: “20.- (1) Where any persons have entered into an arbitration agreement before the institution of any suit with respect t...... the agreement relates, that the agreement be filed in Court. (2). The application shall be in writing and shall be numbered and registered as miscellaneous case between one or more of the parties interested as applicant or applicants and the remainder opposite party or opposite parties, if the a...... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....sition and Tenancy Act, 1950. Munir, CJ. delivered the majority judg­ment. The learned Chief Justice narrated the background of the appeals. A large number of applications for writs were made by the persons affected by the notification praying for writs of mandamus against the Govern­ment on the g...... as contained in sub-rule (1) of rule 13 is qualified by the following provision as contained in sub-rule (2), which provides that the Court may, if it thinks fit, on special cause shown by any party interested in the suit, or otherwise ap­pearing to the Court,- (a) impound any movable property ......bate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)

.... a secret information that Indian made phensedyl will be sent to Dhaka by Modern Enterprise Bus. Getting this information the informant went to the bus counter with Md. Rezaul, Belal & some other persons. At about 14.30 hours the accused brought 7 seven molasses balls to the Modern Bus stand by ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......end down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....hers. Tafazzal Hossain asked them why they were beating his tin roof. In reply they said, why he was going to give evidence against them in the paddy cutting case brought by Siddique Ali. The accused persons however returned to the courtyard of Faizulla which is on the south of the court­yard of Os......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ....... The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....nt at Chamber House and physically occupied it, but vacated the office on the next day (Annexures-“C, C-1, C-2, C-3 and C-4”). 5. On 14-3-2000 Mr. Saifuzzaman Chowdhury along with some unknown persons again entered the President’s office and physically occupied it, declaring himself to have......anisations Ordinance, 1961 (XJV of 1961) or any Order or rules issued thereunder and without prejudice to any provision of these Articles whenever any difference or dispute arises amongst the members interested or between the members on the one hand and the Chamber on the other hand touching the tru......Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....nal result to be announced after completion of counting of votes, both from Dhaka and outside Dhaka, sudden flurry of activities could be seen all around the TSC, more police were mobilised and armed persons in civilian clothes entered the polling centre. When the result declared it was found that a......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......sity is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......entres after voting was completed. It is further submitted that past violation of law is no justification for allowing illegality to continue. The University Authority, being in charge of the highest educational institution, should have changed the law, if it was felt necessary, rather than allowing..

Category: Election Law | Date: | Hits: 105

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......cy and by certain trusts, but also by a number of statutory exceptions: (1) Fire insurance. Where an insured house or building is destroyed by fire, the insurer may generally require by any person interested in that house or building to lay out the insurance moneys towards its reinstatement.” ...... Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..

Category: Business or Commercial Law | Date: | Hits: 211

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

.......…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocean Wa......aintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocean Wave Shipp......: ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

....t to be dealt with in accordance with law. 2. Facts relevant for disposal of the rule are that on 15.5.2010 one Md. Mamunur Rashid lodged an FIR with the Joypurhat police station against 3 accused persons alleging that the accused Mostafizar @ Chapal used to teach his daughter named Most. Tamima ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......his rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)

....cting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arms Act. 3. After investigation police submitted a charge sheet against 2 accused persons including the appellant under section 19A of the Arms Act on 30.12.2009. 4. The appellant......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 65

Ershad Vs. State, 2011, 40 CLC (HCD)

....ourt of the learned Chief Judicial Magistrate, Sylhet. 2. Prosecution case in short is that one Md. Joynal Abedin lodged an FIR with the local police station alleging, inter alia, that the accused persons are terrorist in nature. On 21.6.2010 the accused persons have cutted away the trees and aft......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......s in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ......ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 53