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Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......ge is restored and shall remain in force until the learned Subordinate Judge shall pass final orders, on the claim of the respondent No.2 Abdul Ghani as directed above. The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agre......nstituted between him and respondent No.1 and also for accounts. The plaintiff filed an application for temporary injunction for restraining the defendant from carrying on business using capital and stock in trade and other assets of the suit firm styled as M/S. Arzu Furniture Mart. Plaintiff also p......e 8 C.P.C. and it was incumbent upon the Court to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passed the impugned order simply on..

Category: Procedural Law | Date: | Hits: 146

Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)

....dure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed………………………(4) Cases Referred to- 30 DL......period of February, 1969 to May 1963 in his capacity as a public servant allegedly realised rents from the tenants and defalcated the same without depositing the amount in the Government Treasury and accordingly a First Information Report was lodged on 18.2.71 against the petitioner. The police afte......an Chowdhury J Anwarul Hoque Chowdhury J Makhlekur Rahman………………………..Accused Petitioner Vs. The State……………………………Opposite Party Judgment October 14, 1982. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (A......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..

Category: Criminal Law | Date: | Hits: 62

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

..... The investigation was done in his absence. There is no explanation of the accused with the records. I consider that the investigation was not properly done by the I.O. It is in the interest of justice that there should be further investigation in the case by an officer not below the rank of a......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......�………………Opposite-Party Judgment August 7, 1983. Result: The Rule is made absolute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant Attorney-General - For the State. Criminal Revision No.114 of 1983. Judgment Sultan Hos......He has next submitted that although the learned special Judge could summon witnesses or examine any person if his evidence appeared to him essential for the just decision of the case, he cannot under law direct the police or the investigating agency to make further investigation of the case after th..

Category: Criminal Law | Date: | Hits: 70

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......s the opposite party, namely, the Berger Paints Bangladesh Limited which restricted the credit facilities and the goods were given only on receipt of the post-dated cheques. This means that while according to the original terms of their business the petitioner was enjoying credit facilities th......………………Petitioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Ma......heat existed from the very beginning. Its subsequent exhibition is not a test of cheating. The initial intention to deceive having not been proved the conviction under 420 of the Penal Code is bad in law because the mere fact that the petitioner refused liability subsequently does not necessarily ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......as kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11/84 L. S. dated 28-6-84 passed order for withdrawal of the cases and the detenue accordingly was released from custody. He was carrying on his business peacefully, but his enemies b......s. Secretary, Ministry of Home Affairs & others……………………………………Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayaratne, 1951 A.C. 66; Gholam J...... the President. Sd/27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....vacate the land within seven days or else the structures on those lands would be removed (Annexures‑E series). The petitioners, thereafter, through their learned Advocate issued notice of demand of justice on 4‑12‑95 upon respondents but no reply has yet been received. 6. Mr. Abdul Hameed C......etter (Annexure "E"). 12. From Annexure "E" it appears that the notice to the petitioners to vacate the lands have been issued by the Estate Officer, Defence Ministry, Dhaka Cantonment, Dhaka, who according to learned Advocate, has no legal right to give such orders. Mr. Hameed Chowdhury has also...... 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued either under the Constitution or under any legal instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down t......nt and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.…………………………..(9) ..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....re of the view that the prosecution has failed to prove the charge against the accused appellant and the learned Sessions Judge committed illegality in convicting and sentencing him. In fact and law, justice has been denied by the impugned judgment and order which calls for interference by this Cour......yanganj is found not guilty and acquitted of the charge under section 302 of the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......lik (Md.) @ Titu.............Appellant Vs. State …………………………………………Respondent Judgment January 6, 2009. Result: The appeal is allowed. Case Referred to- Mokter Hossain Vs. State, 2008 MLR (AD) 186. Lawyers Involved: ABM Waliur Rahman Khan, ...... Therefore, the cited decision is fully applicable to this case. 25. From what we have discussed above considering the facts and circumstances of the case and evidence on record and the cited case law, we are of the view that the prosecution has failed to prove the charge against the accused appe..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....ideration to his submissions. 8. Now the question calls for consideration, whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 9. On going to the materials on record, it transpires that......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......……………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the Petitioner. No one appear...... of appeal below without considering the merit of the application filed under Order IX, rule 9 of the Code of Civil Procedure, decided the merit of the pre-emption case which is not permissible under law. Secondly, the Court below failed to appreciate that the petitioner was prevented by sufficient ..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....ay the same; that the Bank then served final notice upon the petitioner on 14-3-2004 for payment of the loan and after receiving the said final notice the petitioner served a legal notice demanding justice upon the Bank with some false story on 12-5-2004; that before receiving final notice on 14-3...... the Bank requested the petitioner to retire the imported goods against payment but the petitioner by letter dated 25-8-1996 prayed for LIM facilities expressing its inability to retire the goods and accordingly, the Bank allowed LIM facilities in favour of the petitioner and goods of the said L/C w......…………Petitioners Vs. Artha Rin Adalat & others………………………………..Respondents Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana ...... within the period of limitation and there was proper cause of action for filing of the suit and the learned Judge of the Adalat in consideration of legal and factual questions involved in the case lawfully rejected the application on merit; whether the goods were damaged or not in a disputed ques..

Category: Civil Law | Date: | Hits: 176

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ation the principle laid down in Mujibur Rahman's case (44 DLR (AD) 111) wherein it has been held "within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or of any......fer is violative of the aforesaid decision of the Government and the authority whoever violates such direction is guilty of misconduct as contemplated in the said Circular and would be dealt with accordingly. Hence, this Rule has been obtained by the petitioner. 6. The Rule was issued upon th......ust 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established......f such tribunal. Under Article 152 of the Constitution the word "Court" includes "Supreme Court". Again Article 102 (2) clearly provides that when no other equally efficacious remedy is provided by law any person aggrieved can invoke Article for redress. So it is clear that the Administrative Trib..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ...... 16. Mr. Mahbubey Alam, the learned Attorney-General, submits that some portions of the land in question previously were acquired by the Government in LA Case No.90 of 1965-66 for housing scheme and accordingly Gazette Notification was published and after so notification the title and possession of...... Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. Result: The Rules in Writ Petition Nos.3210 of 2001, 7012 of 2003, 1973 of 200......15-11-2003 asking the petitioner to vacate the land in question showing the same to be acquired in LA Case No.5 of 1972-73 within 7 days should not be declared to have been made illegally and without lawful authority and is of no legal effect. 4. In Writ Petition No.1973 of 2005 the petitioners..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice. 12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a supplementary affidavit. ......ent No. 2 demanded payment of business turnover tax at the rate of 2% of the total turnover and directed to submit return every 3 months holding the petitioner was liable to pay business turnover tax according to rule 2(C) of the Ordinance. 14. It is further stated that the petitioner is engaged ......��Petitioner Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Tanjibul Alam with Abu Khaled Al Mamun, Advocates — For the...... appellate authorities. By an order dated 13-9-95 said revision authority rejected the revision on the view that the petitioner already deposited tax and the demand issued by the Deputy Collector was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. The..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of justice should not be interrupted readily and proceedings should not be quashed…………………......the impugned proceeding is an abuse of process of the Court. He adds that Proviso to clause (b) of Section 138 of the Act provides for notice to be served giving 15 days time, but in the present case according to petition of complaint notice was served giving 7 days time which is apparent non compli......��………………………….(17) Cause of action of a Criminal Case The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of act......ishonored on three occasions and he was requested to arrange for the payment. He adds that the aforesaid Legal Notice dated 03.08.2003 was duly received by the petitioner who duly replied through his lawyer on 10.08.2003. 8. The learned Counsel lastly submits that the charge has been framed again..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......d another……………Opposite parties Judgment December 12, 2006. Result: The Rule is discharged. Freedom of press has been guaranteed under Article 39 of the Constitution subject to certain restrictions including offence of defamation. A journalist cannot take shelter under the ......ged. The order of stay granted by this Court at the time of issuance of the Rule stands vacated. The trial Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) ..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ......ourt below also failed to appreciate this pertinent aspect of the matter. 13. In view of the above we feel constrained to interfere with the impugned decision of the learned Labour Court below and accordingly, the Rule is made absolute without any order as to costs. 14. The impugned ex parte j......sion (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Sylhet Pulp & Paper Mills Ltd., Chhatak, District- Sunamganj, represented by its Managing Director……………Petitioner Vs. The Chairman, Second Labour Court, Katalganj, Chittagong and ...... order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be p..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......Writ Petition No.2123 of 1994. Judgment Kazi Ebadul Hoque J. - Rule in Writ Petition No.2122 of 1994 was issued at the instance of the petitioner Jiban Kumar Barman calling upon the respondents to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the responden......to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nomination paper should not be declared to have been made without any lawful authority and of no legal effect. 2. Rule in Writ Petition No.2123 of 1994 was issued at t..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......titioners obtained the present Rule on 9.1.83. It was noticed by this Court on 1.4.85 that in spite of abatement of Criminal Appeal No.13 of 1981 the accused persons had not surrendered. This Court accordingly directed the accused petitioners to surrender to the Additional Sessions Judge cum Speci......�………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Kazi Md. Wahidunnabi Vs. Abdus Sattar and othe......nabi Vs. Abdus Sattar and others, 36 DLR 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 DLR 200 I observed as follows:- "It is settled law that no person including the State has any vested right in the forum, this view finds support ..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

....is correct. So, the appeal must be held to be incompetent. But the fact remains that we have already held that the impugned order of acquittal was an illegal order which has caused a miscarriage of justice. So, we consider it to be a it case for revising the impugned order of acquittal. We therefo......his case as we have already mentioned the cognizance was taken on 4.12.78 which means that the trial bad started on 4.12.78 and it was pending immediately before the Law Reform Ordinance, 1978. So, according to the saving provision as we have just quoted, the provision of the Code as it existed be......…………….Appellant Vs. The State……………………………………………Respondent Judgment February 6, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Mokim Vs. Mozammel Huq (1959) II DLR 86=PLD 1959 (Dhaka) 411. Lawyers Involved: Dr....... evidence of as many as 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of the Managing Committee and the Sub-Divisional Education Officer. So the acquittal order was bad in law as well as in the facts and circumstances of the case. 3. On behalf of the respondents it was..

Category: Criminal Law | Date: | Hits: 104

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ce to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyo......ocedure and that the prosecution have failed to prove the case by oral and documentary evidence beyond all reasonable doubt and thus the appellants are entitled to get benefit of doubt. The appeal accordingly succeeds. 56. In the result, the appeal is allowed and the conviction and sentence pa......��…………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by the prosecution beyond reasonable doubt that th.......Appellants Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by ..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......t. After expiry of the statutory period of 60 days as mentioned in 7(4) of the Ordinance the acquisition stood abated…………………….(25) The requiring body is not a "person interested" according to section 2(d) of the Ordinance. Because the section 28(1) was made application to "Any......: The Rules are made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) ......e made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has al..

Category: Civil Law | Date: | Hits: 170

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