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Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......h Court Division gave much stress on the acquittal of number of accused persons by the trial court disbelieving the evidence P.W.s in part and acquitted the present petitioners ignoring the settled principle that if a part of the evidence is found not believable it does not mean that the rest of e......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......0/109 of the Penal Code, on the ground of double jeopardy. 10. The learned Judges of the High Court Division in summary disposing under Section 561A of the Code of Criminal Procedure held that the principle of double jeopardy as contemplated under section 403 of the Code provides that an accused ......ess of the Court. He further submits that since admittedly 2 charge sheets were filed arising of the same cause of action by the police after investigation of the G R. Case No. 490 of 2006, which tantamount to double jeopardy, as such, so far, the proceeding under Sections 406/420/109 of the Penal C..Category: Criminal Law | Date: | Hits: 50
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......asons for dismissal of the plaintiff. According to the plaintiff, the order of dismissal passed by defendant No. 2 under the sign4ture of defendant No. 3 is illegal, inoperative, void and against the principle of natural justice. The said dismissal was done with a motive to give a stigma to the good......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......ts: 1. (a) Amount deposited in Amir Marked Branch of defendant No. 1 on 4.11.80 and illegally kept in "Sundry Creditors Account"... Tk. 90,687.00 (b) Interest by way of compensation on the said amount of Tk. 90,687.00 at the rate of 15% per annum from 4.11.80 upto 2.2.84 ......... Tk. 43,076.3..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......rity or in an unlawful manner. The fact of the detention and not the date or order of the detention is the material point." 25. We are in respectful agreement With the above view and following the principle as spelt out above we have no hesitation in holding that what the High Court orders in a c......fect from the date of making the initial order of detention rendering it "void ab initio" and, therefore, the continuation of the Criminal Proceeding arising out of the illegal order of detention tantamounts to the abuse of the process of the Court and hence liable to be quashed. 45. Now the ques..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......mination could be dispensed with only when the doctor is reported to be dead or is incapable of giving evidence or is beyond the limits of the country and his attendance cannot be procured without an amount of delay, expense or inconvenience under section 509A of the Code. For bringing the post mort..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......age debt of the plaintiff to the PICIC in terms of the compromise decree marked Ext. 3 and the said purchaser company not only paid the dues of the PICIC in terms of the said decree and also paid the amounts due to the deceased plaintiff in terms of the said agreement and referred to the documents m..Category: Property Law | Date: | Hits: 69
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......as filed by the petitioner who is an Advocate and a citizen of Bangladesh and he was found to be competent on the reason as quoted above. The said case has no similarity with the instant case and the principle enunciated in the said case has no application to the present case.
16. In the facts an......e the terms of reference of the Wage Board. Furthermore, a provision has been made for payment of gratuity even to the employees who resign after one year's service and for payment of gratuity for an amount equivalent to two moths basic pay on the basis of last pay drawn which is not available to th..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......ed, which are not in any way affected by the provisions of section 195 or 196 or 196A or 197 or 199." 11. In the case of Pramatha Nath Vs. The State reported in AIR 1951 Calcutta 581 the following principle has been laid down in respect of cases facts of which discloses offences some requiring sa......plaint do not disclose any offence under sections 295A/298/109 of the Penal Code or that of any other section of the Penal Code and as such initiation and continuation of the instant proceeding would amount to the abuse of the process of the Court and obtained the present Rule. 5. Mr. Abdul Hamid..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......, the learned advocate appearing for the petitioner, has submitted that the impugned order contained in the memo, Dated 19.5.87 under the signature of respondent No, 1 is in violation of the cardinal principle of law that no one should be vexed twice for the same offence and is also in contravention......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... the plaintiff by filing written statement stating, inter alia, that the suit is not maintainable against the defendant at such a belated stage, the suit is hopelessly barred by limitation and by the principle of estoppel, waiver and acquiescence, the notice dated 30.1.75 terminating the lease was s......approved by the DIT within 4 years. It was also stipulated that if the lessee fails to complete the construction within 4 years he shall surrender the demised property to the lessor forthwith and the amount paid by him on account of the premium will be returned to him. The lease having commenced fro..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......s of the property in question at a consideration of TK. 5.00,000.00 on 18.02.1999 (Annexure-C to the writ petition) in pursuance of the agreement dated 12.10.1984 entered into on payment of advance amount of TK.3.00,00.00 (three lacs). Since original owners Abdus Sattar and Khorshed Anwar did not..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ...... writ petitioners resorted forgery in enlisting their names in the MFC stopped their salaries on the basis of the recommendation made by the Deputy Commissioner, Nature. There was no violation of the principle of natural justice in issuing the impugned order. The writ petition is liable to be dismis......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ..Category: Employment/Service Law | Date: | Hits: 58
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......s the contention of the writ petitioners that value of the land fixed at Tk. 82, 07,471.81/- having been deposited by the requiring body with the writ respondent No.3, he was required to pay the said amount to the writ petitioners and other land owners and the writ respondent No.3 having had not pai..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......ough postal money order within the specified time. I do not think that the above passage, read in its context and with reference to the facts of the particular case can be regarded as laying down any principle which lends support to the contention of Mr. Bhuiyan. 10. For the reasons stated herein......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......d that besides the confessional statement of the condemned prisoner there is absolutely no evidence on record so as to connect him with the commission of offence. The learned Advocate concedes to the principle of law the confession can be used against the maker for convicting him, if it is found vol......s as follows: Section 27. " Provided that, when any fact is deposed to as received from a person accused of any offence, in the custody of a police officer, so much of such information: whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved...Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......nce of witnesses has to be scrutinized carefully as there may be doubt they are being motivated by enmity and hostility to involve innocent person. 34. The learned trial Court has misconceived the principle dealing with the circumstantial evidence. It appears that none of the circumstantial evide......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......d applied for sick leave in time which was duly received by the petitioner. His absence was not unauthorised. He finally alleged that the dismissal was arbitrary, motivated and absolutely against the principle of natural justice and the order of dismissal was liable to be set aside. The petitioner a......f 1965 for holding enquiry of the charge made against respondent No.2. Therefore, the point before us for consideration is to see whether the absence of the respondent No.2 was unauthorised under law amounting to misconduct. Section 5 of the Employment of Labour (Standing Orders) Act of 1965 deals w..Category: Labour and Industrial Law | Date: | Hits: 120
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ...... application which instead of being moved before the District Judge under the proviso to section 153(b) of the Bangladesh Tenancy Act is moved before the High Court." In the aforesaid decision the principle laid down is that when the Subordinate Judge and the Superior Court are vested with concur...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..Category: Administrative Law | Date: | Hits: 189
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ...... of the Specific Relief Act in a suit for specific performance of contract. The facts of the case reported in AIR 26 Mad 597; AIR 1961 Raj 196 and AIR 1973 SC 2457 are clearly distinguishable and the principles laid down in those cases are not applicable in the present case. On the other hand in the......cted him to deposit Tk. 5,05,000.00 as transfer fee plus Tk. 909.00 as service charge. The defendant No. 1 asserted that on the next date he made over the said letter to the plaintiff to pay the said amounts to the DIT in terms of the contract with him at an early date for getting transfer permissio..Category: Civil Law | Date: | Hits: 92
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