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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....#8209;on‑Record‑For Respondent Nos. 3‑31. Not represented‑Respondent Nos. 1‑2. Civil Appeal No. 45 of 2000. (From the Judgment and Order dated June 29, 1999 passed by the High Court Division in Writ Petition No. 2982 of 1998). ......r is appointed by the Government under section 492 of the Code of Criminal Procedure as part of its duty to the administration of criminal justice, as such, it is the domain of a the State to make decision as to appointment of particular Advocate as Special Public Prosecutor to conduct hearing o..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
....pplication and heard the learned Advocate. 3. It is stated in the application that the accused petitioner is not first information report named accused in Zia International Airport PS Case No.38 dated 30‑11‑2003 under sections 302/34 of the Penal Code, new pending in the Court of Chief Metr......e, being influenced by the enemies of the accused petitioner, are after the petitioner. The petitioner has therefore, surrendered before this Court with prayer for anticipatory bail. He relied upon a decision of the High Court Division reported in 48 DLR 599. ..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....on‑Record ‑For Respondent No. 7. Not represented‑Respondent Nos. 1‑6 & 8. Civil Petition for Leave to Appeal No. 249 of 2004. (From the order dated 11 ‑2‑2004 passed by the High Court Division in Writ Petition No. 3939 of 2003). ......ion for vacating the order of stay was filed by the respondent No. 7 before the High Court Division. After hearing both the parties by the impugned order the Rule has been discharged following the decision reported in the case of Chairman, Civil Aviation Authority of Bangladesh vs Kazi Abdur Rou..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....ional Advocate with him) instructed by AKM Shahidul Huq, Advocate‑on-Record ‑ For the Respondents (In all the appeals). Criminal Appeal Nos. 33‑37 of 1999. (From the Judgment and Order dated December 11, 1997 passed by the High Court Division in Criminal Revision Nos. 5‑8 of 1996 an......charge‑sheets were submitted by the incompetent Police Officer, i.e. Assistant Inspector of District Anti‑Corruption Bureau. 8. The learned Additional Attorney‑General upon referring to the decision in the case of MD Shamsuddin alias Lambu and others vs. Slate and others reported in 40 DLR..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
.... SR Khoshnabish, Advocate-on-Record—For the Petitioner. Not Represented—Respondent. Criminal Petition for Leave to Appeal No. 55 of 2004. (From the judgment and order dated 3-12-2003 passed by the High Court Division in Criminal Revision No. 1257 of 2003). Jud......revisional application the High Court Division has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....9;General with him), instructed by Mvi Md Wahidullah, Advocate‑on‑Record-For the Respondent. Criminal Review Petition No. 4 of 2004. (From the judgment and order dated 9th December 2003 passed by the Appellate Division in Criminal Petition for Leave to Appeal ......of a party to the proceeding may make review on the grounds of an error apparent on the face of the record. 14. Thus a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of the record..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....cate with him) instructed by MG Bhuiyan, Advocate-on‑Record ‑For Respondent No. 1. Not Represented ‑ Respondent Nos. 2‑3. Civil Appeal No. 45 of 1997. (From the Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgm......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
.... Md. Wahidullah. Advocate‑on‑Record‑For Respondent No. 1. Not represented‑Respondent No. 2. Civil Appeal No. 312 of 2001. (From the judgment and order dated 13‑8‑1998 passed by the High Court Division in Writ Petition No. 1805 of 1995) ......dhury J.- This appeal by leave is directed against the judgment of the High Court Division dated 13‑8‑1998 in Writ Petition No. 1805 of 1995 making the Rule absolute, setting aside the decision of the Labour Court, Dhaka. 2. Leave was granted to consider as to whether th..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
.... Additional Attorney General instructed by Sufia Khatun, Advocate-on-Record –For the respondents. Civil Petition for Leave to Appeal No. 1659 of 2003 (From the Judgment and Order dated October 29, 2003 passed by the High Court Division in Writ Petition No. 5958 of 2003). ......003 and, as such, it cannot be said that the same was forwarded within 3 days from the date of passing of the resolution and that after receiving the resolution, if any, it was necessary for taking decision as to approval or disapproval of the resolution within three days but the same was not tak..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....the Ordinance itself…. (45)
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of tim......port. Thereafter, a second notice to show cause was served upon him on 11-1-2000 and he submitted his reply to the said notice on 18-1-2000 but since then me petitioner-Corporation without taking any decision, kept the matter undecided and pending for years together continuing the order of suspensio..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....vision No.2433 of 2003. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, ......tiff’s case of alleged contract between the plaintiff and the defendant No.1 was genuine. If the contract with the plaintiff is found genuine then the subsequent transfer will be subject to the decision in the suit. Addition of opposite party in the suit cannot be said to be not necessary..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
.... to a person he becomes a creditor and can maintain a petition. A creditor is a person to whom the company owes a debt i.e. a definite sum of money presently due but may be paid now or in some future date, the learned Advocate contends. The learned Advocate finally submits that the claim of the peti......ain the instant applications under section 242 of the Companies Act for winding up of the respondent company as the company failed to pay their debt. In support of his contention he has relied on the decision reported in (1895) Chancery Division 267, (1969) Ch Div. 457 and also relied on Palmer&rsqu..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....ndemned prisoner Md. Abu Taher has faced trial before the Bishesh Adalat in Nari‑o‑Shishu Niriatan Daman Case No. 65 of 1997. The Bishesh Adalat has sentenced him to death by a judgment and order dated 27th day of September, 2001. The condemned prisoner subsequently prefer an appeal from jail. T......d prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confined his submission on a technical law point, we are of the view that decision on this point will dispose of the death reference. 7. PW 1 Mohd. Ayub Ali Mollah state..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....8209;Record‑For the Petitioner. Md. Sajjadul Hoque, Advocate‑on‑Record- For the Respondent. Civil Petition for Leave to Appeal No. 889 of 2002. (From the order dated 24th April 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 57 of 200......iscipline and Appeal) Rules 1985. The respondent submitted reply to the charges and personally participated at the hearing of the proceeding case before the Enquiry Officer and the authority took the decision on the basis of enquiry report on serving second show cause notice in accordance with rules..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....Senior Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑For Respondent No. 1. Not represented‑ Respondent Nos. 2‑27. Civil Appeal No. 33 of 1998. (From the judgment and order dated 31st August 1997 passed by the High Court Division in Writ Petition No. 3223 of 1996). Jud......he facts and circumstances of the case and the evidence on record we find that the High Court Division considered the matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as t..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
.... Jessore found Anjuara Khatun guilty of offence of section 302 of Penal Code and convicted her there under. Following conviction she was awarded death sentence. Judgment of conviction and sentence is dated 17‑9‑2001. 24. Husband Tipu Sultan shall be referred to hereinafter as deceased Tipu ...... in bringing home counter-contentions. Good numbers of authorities have been referred to from the Bar in support of respective contentions. 28. On authority it can conveniently be posited that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition th..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....arned Additional Sessions Judge, 3rd Court, in charge of the Second Court, Kishoregonj for confirmation of death sentence awarded to the condemned prisoner Nazrul Islam @ Nazrul by judgment and order dated 19th February, 2001 in Sessions Case No.84 of 1998. Condemned Prisoner, pursuant there of pref......nsanity and that the prosecution will not be absolved from proving the guilt of the accused beyond reasonable doubt: having regard to the plea taken by him and the evidence adduced in the case. These decisions were referred to the Privy Council in the case of Fayasena Vs. Reginam, (1970) 1 All ER 21..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in the ......adjudication by Appellate Judge. Vendor as petitioner approached this Court in this Revision petition under section 115 of the Code. 4. The Only question that outlasts determination is whether decision contributed by Appellate Judge in allowing Pre-emption Miscellaneous Case on overthrowing ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....‑Shishu Nirjatan Daman Bishesh Adalat, (sic) (Nari‑o‑Shishu Nirjatan Daman Tribunal) Comilla for confirmation of death sentence awarded to the condemned prisoner Bahar Mia by judgment and order dated 31‑1‑2002, in Nari‑o‑Shishu Nirjatan Case No. 73 of 2001. The condemned prisoner prefe......hat the offence under section 10(1) of the said Ain was not committed as deaths were not caused on account of dowry, although the deaths were caused by the condemned prisoners. This Court following a decision in the case of Ashnan Begum Vs. State, 51 DLR (AD) 18, convicted the condemned prisoners un..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....n-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the Appellate Division in Civil Appeal No. 50 of 2000). Judgm......hospital; that there was an enquiry on the application of the defendant No. 6 and in the light of the enquiry report the Allotment Committee considered the application of the defendant No. 6 and took decision to lease out the land in suit as institutional plot to him. It was the definite case ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
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