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Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....oing so the informant filed petition before the Sessions Judge while the case was sent by the Magistrate for trial. Section 436 of the Code of Criminal Procedure provides as follows: "On examining any record under section 435 or otherwise, the High Court Division or the Sessions Judge may direct ......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519....... in this behalf. Section 204 of the Code authorises the Magistrate to take cognizance of an offence and issue summons against the accused if he is of the opinion that there are sufficient grounds for proceeding against him. Section 205C of the Code provides "When in a case instituted on a police rep..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....llah, the learned Advocate appearing for the defendant respondents has, on the other hand, contended that in the application filed by the Government there is no statement to the effect that there was any intention on the part of the defendants to delay or to defeat the decree that there is no allega......learned Subordinate Judge found that the prayer could not be granted. In this connection, it is necessary to set out the provisions of Order 38, rule 5 which runs as follows: "5. (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent ......copy of the decree shall be filed a certificate from such superior Court stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....ice and as such the same has been done without lawful authority and it has got no legal effect. The learned Advocate also submits that the Dhaka University Ordinances and Regulations do not authorise any authority to cancel the‑results, which have already been published. Moreover, the impugned pen......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......have been taken by the Syndicate in gross violation of the principles of natural justice has little to receive consideration in the facts and circumstances of the case of the instant petitioners in a proceeding under Article 102 of the Constitution. In such view of the matter, we find little scop..Category: Others | Date: | Hits: 112
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ...... complete on entry in the volume under section 60 and unless that is done there is no transfer as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. Limitation in case of a proceeding under section 96 of the Act does not start front the date of execution of the document tr..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....alist Party. He was taken into custody pursuant to an order dated 13.9.87 made by the Additional District Magistrate, Dhaka under section 3(2) of the Act with a view to preventing him from committing any act prejudicial to public safety and public order. Subsequently the Government approved of the o......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......Supreme Court of Pakistan, in his separate judgment in the case of the Government of East Pakistan Vs. Rowshan Bijaya Shaukat Ali Khan 18 DLR (SC) 214, observed as follows: "While it is true that the proceeding against a detenu are not as formal as they are against an accused in a criminal Court, I ..Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
.... to appreciate the contentions of the learned Advocates, it is better to reproduce the relevant provision of law for our understanding. "Order 7 rule 10. Return of plaint.- (1) The plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been in......appreciate the contentions of the learned Advocates, it is better to reproduce the relevant provision of law for our understanding. "Order 7 rule 10. Return of plaint.- (1) The plaint shall at any stage of the suit be returned to be presented to the Court in which the suit should have been instit......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....89 and filed an application praying for time for filing written objection and the time was given upto 22.2.89 for filing written objection. But ultimately the opposite parties did not appear and file any written objection. So the Miscellaneous Case was heard ex parte and dismissed by the learned Sub......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......re substituted in the aforesaid suit. Since we are in seisin of the entire records we cannot be oblivious of certain facts which are relevant for the purpose of deciding the main issue in the present proceeding. The application for substitution was allowed on 6.1.86 and thereafter the Court directed..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....inst him on 17.11.87 stating, inter alia: (i) That the FIR was lodged on 15.6.85 but the District Anti‑Corruption Bureau though failed to complete the investigation within 60 days did not obtain any permission from the Court under section 167 (5) of the Code of Criminal Procedure. (ii) That ......vision of section 167(5)(6)(7) CrPC and hence it is liable to be stopped and the accused petitioner is entitled to be released. We are not inclined to take up the point relating to limitation at this stage in the case as we think that the most pertinent question is whether the statement made in the ......rocedure wherein at the instance of the accused petitioner Mir Amir Ali a Rule was issued by this Court on 2nd April, 1990 calling upon the Deputy Commissioner, Gaibandha, to show cause as to why the proceeding of GR Case No.57 of 1985 pending in the Court of Upazila Magistrate, Gobindaganj District..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....3 (2) and the appellant could not be held responsible to account for the same. He further submitted that bank's cash was counted in the absence of the appellant by interested bank officers and not by any neutral person and they might have misappropriated the alleged short amount falsely throwing bal......nce of fine is not only compulsory but should not be less than the amount misappropriated. So he urged for enhancing the sentence of fine in conformity with the said provisions of law. 20. At this stage the learned Advocate for the appellant pointed out that under section 439(2) Cr.P.C. no senten......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....appellants that "the order that was challenged before the Administrative Tribunal was issued on 23rd January, 1994 and the respondent joined in his service on that very said day but he failed to file any application for review of the order dated 23rd January. 1994 within the prescribed time of 3(thr...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......mployed in service under the Government without assigning any reason if he is of the opinion that a removal of such person is necessary in the interest of the Government and no claim or suit or legal proceeding shall lie against the Government. The said order also provides an explanation that the re..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
..... 3. The said case was resisted by the present petitioners, contending that the petitioner 1 was engaged in manufacturing and sale of low‑priced cigarettes. As majority of the members of the company were non‑local, the petitioner 1 was taken over under P.O. No.16 of 1972 as abandoned Industry......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ...... Nisi issued under Article 102 of the Constitution ask us to declare that the judgment and order passed by the Respondent 1, Labour Court, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 ha..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....omplex, (of which the accused is a co‑owner) 26 DIT Avenue, Motijheel Commercial Area, Dhaka referring to his application dated 14th March, 1985 for permission to establish a private investment company, namely, Bangladesh Commerce and Investment Company Limited a 'no objection' certificate to the ......manded their money the accused-petitioner wrote to the Bangladesh Bank a letter dated 23.4.92 for call loan of an amount of Tk. 25 crores stating that the position of BCI Limited has reached such a stage that it would be run and ruined without the call loan. After dishonest misappropriation of the......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....information from the House Building Corporation but on 6.1.93 & Returning Officer most arbitrarily accepted the nominating paper of the 7 candidates including the respondent No.4 before receiving any letter from House Building Corporation. The House Building Finance Corporation wrote a letter to......nation paper, he could not be said to be a defaulter and therefore, the acceptance of the nomination paper after scrutiny was good in law and there is nothing for this Court to interfere with at this stage and if the election is postponed the petitioner's right to contest the election would be taken......n paper appears to have been accepted in violation of the law by the Returning Officer which need be corrected by this Court. 11. In election matters this Court will not interfere in interlocutory proceeding or orders passed by election authorities for the sole reason that an election should not ..Category: Election Law | Date: | Hits: 126
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....s not been specifically prescribed and trial is held in absentia the pronouncements by the superior Courts, particularly by the Supreme Court, is laid down as a rule that nobody can be made to suffer any harm to his rights including those relating to property, person and reputation without giving hi......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......ection 27 of the Special Powers Act and the accused petitioner neither absconded nor concealed himself to avoid arrest but he could not appear to face trial as he was quite in dark about the criminal proceeding against him. The accused petitioner also got no opportunity to know about the case as no ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....e was issued on 28.11.91. By taking wrong starting point from the northern side of CS plot No.67 acquisition line has been shifted 25 feet south at the instance of interested persons. Without issuing any notice on the petitioners' fixing the demarcation line staff of the respondent Nos. 1 and 3 demo...... some land from acquisition and by acquiring some land afresh and the same after approval by the respondent No.4 on 10.4.90 was sent to the respondent No.2 for obtaining approval of the CLAC. At that stage respondent No.3 being influenced by illegal occupants of Government khas lands to the north se......ouza Dhanmondi and petitioner No.2 is the owner of about 10 decimals of land in the south eastern side of CS plot No.158 of Mouza Raza Bazar. Being unduly influenced by interested persons acquisition proceeding was started by issuing notice dated 28.11.91 under section 3 of the said Ordinance to acq..Category: Property Law | Date: | Hits: 79
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....cademic Building-2 in Khulna University. There were three committees comprising the respondents to implement the said projects. They took delivery of rice against the said projects, but without doing any earth-work, misappropriated the entire rice in collusion with each other. 3. The said ejahar ......a query whether they were residents of his Union. He replied that they were not permanent residents, but were seasonal workers and used their places of temporary residence as their addresses. At this stage he was declared hostile and was cross-examined by the prosecution, when he denied that the per......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ffect that the father being the guardian of the minor girl, who has not as yet attained the age of 18 years according to the Majority Act, is entitled to the custody of the girl but in the absence of any positive and unequivocal order of the Courts below giving direction to hand over the girl to the......erials placed by both the parties and the look of the girl and the maturity of understanding it appears that the girl is aged at present Over 16 years. As the actual age cannot be ascertained at this stage without entering into the evidence both, oral and documentary, it should be left for the trial......opinion that if an offence is committed against a child before attaining 16 years of age, the Court has the power to keep that child in custody till that child attains the age of 18 years or fill the proceeding in respect of the crime committed against that child is terminated in either conviction, ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....sociation or a union and this restriction is violative of the fundamental right as guaranteed under Article 38 of the Constitution which guaranteed formation of association and Trade Union subject to any reasonable restriction imposed by law in the interest of morality and public order and thus the ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......or hire or reward either directly or through a contractor to do any skilled, unskilled, technical or electrical work whether the terms of employment be expressed or implied and for the purpose of any proceeding under this Ordinance in relation to an industrial dispute includes a person who has been ..Category: Labour and Industrial Law | Date: | Hits: 204
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....f double jeopardy as contemplated under section 403 of the Code provides that an accused who has been convicted or acquitted of an offence cannot be tried for the same offence or on the same fact for any other offence for which a different charge might have been made under Section 236 or he might ha......the knowledge that the same would be bounced or insufficient of fund. This may be an offence punishable under Section 420 of the Penal Code, but the question of double jeopardy does not arise at this stage of the proceedings. On these findings, the learned Judges of the High Court Division summarily......ts on 28.11.2006 under Sections 406/420/109 of the Penal Code and the other under Section 138 of the Negotiable Instrument Act. On receipt of said 2 charge sheets, the learned Magistrate split up the proceedings into two, one under Section 138 of the Negotiable Instrument Act and the other under Sec..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
.... the High Court Division has failed to appreciate that no fruitful purpose would be served if the petitioners are put on trial since FIR, police report and other materials on record do not disclose any complicity of the petitioners in the alleged occurrence and that on consideration of the same ......l, Antaj Ali, Azahar Ali and Abdul Mannan (the supporters of BNP) came there and locked with an altercation with her husband on an incident of damaging a Hindu temple in Bagherhat district and at one stage the accused persons were excited when the people present there cool down the situation and t......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
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