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Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......itable impression that the prosecution did not give out the whole truth to the Court for unknown reasons. In the face of the clear and definite medical evidence, it is impossible to conclude with any amount of certainty, that death of Asaruddin was caused by accused Hazrat Ali Khan by cutting his th..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.” 34. It is a fundamental principle of criminal trial that the accused is presumed to be innocent and therefore the burden lie......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ...... 1,32,000 only; both the parties entered into an agreement. The agreement dated 8‑4‑1993 was executed and registered in the sub‑registrar's office Brahmanpara on the same day and an amount of Taka 50,000 as earnest money was paid to the defendants on the said date; it was stipulate..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......atter, he is a police officer or does not come into picture at all and could not be present at the time of Judicial Inquiry. The presence of the representative of the accused Police Personnel’s amount to the presence of the accused Police Personnel’s themselves who stand arraigned for of..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ...... Calcutta 409 and that of a Full Bench of the Andhra Pradesh High Court in the case of B Sheshaiah Vs. Veerabhadrayya, AIR 1972 Andhra Pradesh 134. The ratio decidendi of the cases is that on general principles and in the exercise of its inherent power, an executing Court can entertain and give effe......-1-85 to 25-8-90. It was claimed in the application that on the showing of the Bank, the trucks were earning Taka 1000 daily and the Bank might have earned about Taka 40,46,000 during the period. The amount was far greater than the decretal debt. Yet the Bank was not returning the trucks. Rather, th..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
....to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ...... Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001. Result: The appeal is dismissed. Offences under the Prevention of Corruption Act, 1947 amounts to moral turpitude. Whenever a member of the Parliament is convicted of such an offence and ..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ......accused petitioners before them (herein the respondent Nos. 1 and 2) committed an offence of abetment under section 109 of the Penal Code for the alleged promise. 8. It is a well-settled principle that a person who abets the actual perpetration of the crime at the very time when it is c......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......r by registered post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of natural justice….(4) Lawyers Involved: Md. Moksudur ......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ...... the students. It does not appear that the superintendents/principal of the Madrashas ever denied that they did not forward the said application forms for registration to Madrasha Board. 44. The principle of audi alteram partem i.e. no one can be condemned unheard, is an established principle o......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
....sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ......ereon appertaining to Plot No. 65 although it is not so decreed. The execution case is, therefore, liable to be dismissed for the reasons stated above. 9. It is a cardinal principle of law that a Court executing a decree cannot go behind tile decree between the parties or......e Property to facilitate execution of the case. The executing Court can neither go beyond nor behind the decree to supply the specification which is not there in the decree itself. Because that would amount to usurping the jurisdiction of the trial Court. The present decree, in the absence of necess..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)
....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e). The petition is accordingly, dismissed. Ed. ...... each completed year of service in addition to any other benefit as may be permissible under the said Act for the time being in force and the worker upon his retirement not being paid off the said amount, is entitled to realise the same under the provision of Payment of Wages Act, 1936 as the&sh..Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ...... to know that the accused petitioner had no right to sell the said land. So, Abdul Motaleb requested the accused petitioner to return back the money. Accused petitioner gave him a cheque for the said amount on 24‑8‑1996. Abdul Motaleb deposited the said cheque in the bank on 8‑4-1997 for encas..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).
....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed. Ed. ......ained in the Letter of Intent dated 11th February, 1999 with the petitioner issued by the respondent No.1 Privatisation Board has been breached and also making direction to the respondents to pay the amount of Taka 4,00,02,499.75 to the writ petitioner on or before 9th November, 2000 in default peti..Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......ection 439 of the Code of Criminal Procedure was competent and application laid under section 498 of the Code of Criminal Procedure might be dismissed on question of maintainability. 10. Law and principles regulating cancellation of bail may be looked into. Under sub‑section (5) of 497 of the......st of justice and can treat an incompetent proceeding to be a proceeding under section 439 of The Code. It is well recognised that the principal object behind all legal formalities is to safeguard paramount interest of justice and mare technicalities cannot be allowed to defeat justice. 26. In..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......dgment and decree of the Artha Rin Adalat does not arise at all. It was submitted by the Advocate that to prefer an appeal against the judgment and decree of the Artha Rin Adalat half of the decretal amount had to be deposited before filing the appeal and, as such, it was not an efficacious remedy. ..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ...... is to facilitate decisions on questions in which a larger body of persons are interested without recourse to the ordinary procedure where each individual has to maintain action by separate suit. The principle is to prevent a defendant from, being vexed or molested by other suits of similar nature. ......2,000 as price of land, at a time or by instalments on the further stipulation that the first instalment was required to be paid within 30 days from the date of issuance of the letter and the balance amount of the price to be paid by six monthly instalments. It was further stipulated that in case of..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......s of the complaint (who was the Managing Director of the Company) taking advantage of such illness and absence of the complainant who went abroad for treatment, the petitioner misappropriated huge amount of Tk. 86,00,232/- of the company. Thereafter, an Arbitration Board was constituted and the ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......erence is at all called for. Mr. Chowdhury next submits that the plaintiff on one hand, claimed possession of the suit plot and, on the other hand, resisted local inspection and so he, in view of the principle laid down in the case of Nur Banu Vs. Noor Mohammad reported in 35 DLR (AD) 182, cannot be......sale deed in respect of the suit land. Subsequently, Mr. MS Islam changed his mind and agreed to sell the suit land to the plaintiff and then on receipt of Taka 2,50,000.00 out of total consideration amount of Taka 15,00,000.00, baina was executed on 10-12-89 and possession of the said suit land was..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......ion case as narrated by the informant (P.W.1) in short, is that about 3/3½ years back his sister Taslima Begum was given in marriage with the accused Babul Hossain; that at the time of marriage cash amount of taka 15,000.00 and gold ornaments were given to Taslima and after one year of the marriage..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......Commissioner of Taxes including an income of Taka 94,18,413/- from other sources other than the income derived from commercial operation. The Deputy Commissioner of Taxes allowed exemption on the amount of Taka 2,01,17,912 being the business income on the ground of Tax Holiday facility availabl..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
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