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State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......r want of its far-sightness. It appears that accused Nuru Miah did not implicate himself with the commission of murder in terms of offence and the same is out and out exculpatory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no confessi......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ..Category: Criminal Law | Date: | Hits: 47
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60....... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......d the said cheque in his bank but the same returned dishonoured on the ground of insufficient fund and he then by legal notice dated 24.04.2007 requested the respondent No.1 for repayment of the said amount and though the respondent No.1 received the said notice on 24.04.2007 but did not repay the s..Category: Criminal Law | Date: | Hits: 39
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......udicated without taking proper evidence. The High Court Division observed that there is no legal bar against the initiation and continuation of the proceedings and as such, the proceedings does not amount to an abuse of the process of the Court and that the proceedings shall not be quashed and t..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......rule absolute and declared the deduction of Tk. 201117.7 from the retirement benefit of the writ petitioner as has been made without lawful authority and directed the writ respondents to pay the said amount to the writ petitioner within 15 days of the judgment. 5. We have heard the learned Coun..Category: Employment/Service Law | Date: | Hits: 87
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ...... is collusive, forged, illegal and not binding upon the plaintiffs is not maintainable; that it is a case of fraud and he who pleads affirmative of the issue has to prove the same and it is settled principle of law that the plaintiff must prove his own ease and the weakness of the defendant "wil......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ...... for refund after 2 years 8 months which is clear violation of section 33 of Customs Act, 1969 and in such view of the matter, the order of the High Court Division can not be sustained in view of the principle laid down in 52 DLR (AD) 149. The above submissions merit consideration. Leave is ......493,1494,1495,1496,1497, 1498,1500, 1501,1502 and 1499 of 2004 making absolute the Rules obtained challenging the realizations, in contravention of SRO 206/Law/98/1755/Customs dated 17.9.1998, excess amount of Customs duty, VAT and other charges from the consignments imported by the respondents. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......incompatibility would have to be ascertained from consideration of all the relevant provisions of the new law." 21. In the enquiry to find out the intention of the legislature, one of the cardinal principles of interpretation of the statutes to be followed is that the intention which appears to b......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......th the Dhakeswari Cotton Mills Ltd (the company, in short) to purchase one of its properties situated at the premises at the holding No. 28, Hatkhola Road Dhaka. In pursuance to the said agreement an amount of Taka 55,000 by way of advance was paid to the company out of the total consideration of Ta..Category: Business or Commercial Law | Date: | Hits: 194
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ......live as husband and wife. The defendant No. 1 demanded dowry of Taka 10,000 from the plaintiff. The plaintiff stated to him that her father is very poor man and she has no ability to pay the demanded amount. Consequently, the defendant No. 1 sent the plaintiff to her father's house. After few days t..Category: Family Law | Date: | Hits: 186
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......d to get the benefit of doubt. 20. Mr. AFM Mesbahuddin, the learned Advocate for the appellant, cited before us the case of Md. Abdul Khaleque and others Vs. State reported in 12 DLR (SC) 165. The principle of law enunciated in the cited decision supports the submission of the learned Advocate fo......ds close scrutiny. 19. We have given our anxious consideration to the facts and circumstances of the case and the material evidence on record and we fail to persuade ourselves to conclude with any amount of certainty that accused Md. Masud Mia actually committed rape on victim Mst. Arzina Khatun ..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......tution of India, which corresponded to Article 15A in the draft bill, Dr. BR Ambedkar said: "Article 15A merely lifts from the provisions of the Criminal Procedure Code two of the most fundamental principles which every civilized country follows as principles of international justice. It is quite......t to be committed, necessitating the arrest of the person concerned. A bare assertion without anything more cannot form the material for the exercise of an independent judgment and will not therefore amount to credible information. The abuse of police power is not only peculiar to our country but it..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......mandatory. 11. It is true that present problem is not with regard to non‑compliance of any provision of a statute, but it relates to the direction of the Court (High Court Division). Above principle is also applicable in the present problem. Nothing is evident in order dated 27‑11‑200......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......efined as "murder" in section 300 of the Penal Code and is punishable under section 302 of the Penal Code which is either Death or Imprisonment for Life. 17. Section 34 of the Penal Code lays down principles of Joint Liability in doing of a criminal act. Essence of that liability is to be found i......llustration (b) to section 114 of the Evidence Act observed: Whilst it is not illegal to act on the uncorroborated evidence of an accomplice, it is a rule of prudence so universally followed as to amount almost to a rule of law that it is unsafe to act on the evidence of air accomplice unless it ..Category: Criminal Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......nt of the outstanding money. Subsequently the accused Petitioner took back some cheques on payment of money. The accused‑petitioner thereafter issued Cheque No. 0721632 dated 14‑6‑1999 for an amount of Taka 1,50,000, Cheque No. 0721633 dated 28‑6‑1999 for an amount of Taka 1,50,000, Cheq..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......nce was to provide deterrent punishment to offenders for offences for cruelty to women and for offences connected therewith including commission of rape. 32. It is posited out here that elementary principle of interpreting or construing an Ordinance or Statute is to gather its true intention. The......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
....letter dated 12‑10‑1994 cancelling the lease was permitted by law are the moot issues.
22. In support of plaint case, the plaintiff examined him as PW1. He stated that he paid Taka 69,581 in 4 installments. On 2‑4‑1984 lease deed was executed and registered and possession was delivered to......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
...... He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money.
5. Suddenly, he got a notic..
Category: Property Law | Date: | Hits: 73
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ...... property in the Government under the Act. Therefore, the property is acquired when the gazette notification is published under section 5(7) of the Act, and the law in force on that day regarding the principles and manner of payment of compensation shall be governing law." 37. With regard to the ......53,07 of which the appellant received Taka 8,63,110.78 and price of trees, etc was assessed at Taka 3,336.42 of which the appellant received Taka 2,913.24. After the final award was given, very small amount was due to appellant, for which the grievance of the appellant has got no basis. 18. He ci..Category: Property Law | Date: | Hits: 77
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ...... of the opposition party and hence earned wrath of the Member elected from the ruling party who also became a Hon'ble Deputy Minister, that the District Magistrate cancelled the licence violating the principle of natural justice without issuing a notice and even did not communicate the cancellation ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......lation of registration of the petitioner’s union; that so notice to show cause was served upon them nor was there any enquiry held in their presence and accordingly, the order passed is against the principle of natural justice; that the finding of the Second Labour Court that the petitioners membe...... stated that the petitioner Union being the only registered trade union and the only Collective Bargaining Agent briefly CBA, according permission for cancellation of registration of the Union is tantamount to taking away of the right of the employees to form trade union guaranteed under the Constit..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......ti was not caused with the intention to cause death but it unfortunately, happened while attempting to rape Jannati. If the intention or the mens rea is absent in causing death of any person it would amount to culpable homicide not amounting to murder and may be liable to be punished under section 3..Category: Criminal Law | Date: | Hits: 54
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