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Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 244. ...... that Court. The learned Magistrate is directed to deal with the prayer for bail of the accused-petitioner in accordance with law. 9. Accordingly, this application is disposed of Communicate the order to the learned Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported ......44. ......rt High Court Division (Criminal Revisional Jurisdiction) Present: Khademul Islam Chowdhury J Afzal Hossain Ahmed J Shakawat Hassan.................................Petitioner Vs. State.................................................Opposite Party Judgmen..Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......#8209;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 2......e fund within one month from the date of receipt of this order. Ed. ......: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Alauddin Sikder (Md) and another……………Petitioners ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......on the ground that the allegation of misappropriation covering a period of more than twelve months and therefore only one case will not be maintainable under the law. The learned Special Judge by the order dated 16‑7‑1995 allowed the prayer of the learned Special Public Prosecutor. Thereupon, th...... 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......The circumstances connected with the delay in terminating the proceeding will have to be examined in each case to determine whether the delay constitutes abuse of the process of the Court or not. But one thing is to be kept in mind that in case delay in concluding the trial is due to circumstances o..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Monajjel Hossain Khan Vs. State, 2006, 35 CLC (AD)
....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. ......by Md. 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). ......sion has not, in any way, committed any illegality warranting interference by this Court. Accordingly, the application for leave to appeal is dismissed. Ed. ......ain CJ Md. Fazlul Karim M A Aziz J Amirul Kabir Chowdhury J Monajjel Hossain Khan alias Mintoo.......................Petitioner vs State, Represented by the DC......................Respondent Judgment ..Category: Criminal Law | Date: 24 Mar, 2004 | Hits: 92
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e ...........................................Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing o......correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......late Division (Criminal) Present: Md. Fazlul Karim J MM Ruhul Amin J Amirul Kabir Chowdhury J Ershad Ali Sikder (Md).....................Petitioner Vs. State ...........................................Respondent ..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)
....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....... Judgment and Order dated November 5, 1990 passed by the High Court Division in First Appeal No. 191 of 1992). Judgment Md. Ruhul Amin J.- This appeal, by leave, is against the judgment and order dated November 5, 1996 of a Division Bench of the High Court Division in 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....... 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receipt of the record by the trial Court, in default none of the parties..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......t. 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 19......lt the appeal is dismissed without any order as to costs. Ed. ......loyment of Labour (Standing Orders) Act, 1965, in short, the Act, cannot be considered a grievance petition as such grievance petition was required to be sent by registered post but that being not done in the instant case there has been noncompliance with the provision of law in sending the ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......, Section 13(1) (d) The resolution of no-confidence taken against the petitioner upon due compliance of relevant law and such resolution having been approved by the competent authority, the order of removal of the petitioner from office of chairman does not suffer from any infirmity.&nbs......bsp; Accordingly, the petition is dismissed. Ed. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain (Md) (Babul) …………Petitioner Vs. Bangladesh……………………&h..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......
Vs.
Md. Afzal Hossain and others ..............................................Respondents
Judgment
March 14, 2004.
Result:
The Rule is made absolute.
The judgment and order was passed illegally and without lawful authority as-the Corporation is neither an industry no......and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......
(Special Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Choudhury J
Chittagong City Corporation, represented by its Mayor and 3 others............Petitioners
Vs.
Md. Afzal Hossain and others ..............................................Respo..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......ed by ASM Khalequzzaman, Advocate‑on‑Record‑For the Petitioner. Not represented‑The Respondent‑State. Criminal Petition for Leave to Appeal No. 26 of 2003. (From the judgment and order dated 5th November, 2002 passed by the High Court Division in Miscellaneous Case No. 1783 of 1......to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......eme Court Appellate Division (Criminal) Present: Syed JR Mudassir Hussain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Jahangir Alam (Md) alias Zakir .....................Petitioner Vs. State ....... Respondent Judgment March 9, 2004. Result: Maintaining the..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......vil Revision 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 ...... Ed. This Case is also Reported in: 57 DLR (2005) 317. ......57 DLR (2005) 317. ..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......913 or 1994. In section 24, sub-section (v), the word "debt" finds its place and it has been stated that the company is liable to be wound up when it is unable to pay its debts. So, in order to appreciate the scope of the arguments advanced by the learned Advocates let us examine the ......the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......5) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......ur. Condemned 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 j......e with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......6 DLR (2004) 556. ..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)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......9;on‑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 ......he principles of natural justice. The petition is dismissed. Ed. ......Amin J Md. Tafazzal Islam J Government of Bangladesh represented by the Secretary, Ministry of Post, Telegraph and Tele communication and others....................Petitioners Vs. Abul Khair.... Respondent Judgment February 23, 2004. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
.... the respondent No. 1 as the holding was released in his favour by memo dated 26‑4‑82; subsequently, the Government through oversight enlisted the above building as abandoned building in the list published on 23‑6‑86 but ultimately upon representation of the respondent No. 1 cancelled it and......oqui, 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). ......n of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972, Article 10 The predecessor of th..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......would be on its tip‑toe and guard and would scrutinise the statement more carefully and would separate chaff from grain. Evidence of a close relative has only to be scrutinised with greater care in order to find out whether it suffers from internal marks of falsehood due to interestedness. 40......ife. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....and stating, inter alia, that the suit land appertaining to CS Khatian No. 174 belonged to Bholai Shah Fakir and Sital Shah Fakir in equal share and the CS record was accordingly prepared and finally published. After the death of the said CS recorded tenants Pari Nesa, Abdul Gafur. Elach Nesa, Osira......Amin, Advocate instructed by AK Shahidul Huq, Advocate‑on‑Record‑For Respondent No. 1. Civil Petition for Leave to Appeal No. 1333 of 2002 (From the judgment and order dated 27‑11‑2001 passed by the High Court Division in Civil Revision No. 1783......ference is called for. Accordingly, this leave petition is dismissed. Ed. ......bsp; Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Md. Ruhul Amin J.- Delay of 2 days is condoned. Plaintiff seeks leave to appeal against the judgment and order dated March 24, 2002 of a Single Bench of the High Court Division in Civil Revision No. 3779 o...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......the learned 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 o...... Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......llip;………………………………Appellant Vs. Nazrul Islam @ Nazrul……………Condemned Prisoner Judgment January 20, 2004. Result: The Death Reference is rejected the Jail..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......sions of law embodied in section 96(10)(a) of the Act………………………..(6) Burden of proof Burden of proof is the obligation to adduce evidence to the satisfaction of Court in order to establish the existence or non existence of a fact contended by a party. The provision as ......gment January 20, 2004. Result: The rule is discharged. Right of Pre-emption Right of Pre-emption is a statutory right conferred upon a co-sharer either by way of a. inheritance or b. purchase or contiguity of the land transferred, and that right can be defeated on......also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
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