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M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....ew that what Mr. Bhuiyan has submitted is beyond the scope of this petition. In the present case we have already found that the security that has been furnished is sufficient security and it has been rightly accepted by the learned Subordinate Judge. 13. Having given our anxious consideration to ......udge, 3rd Court, Dhaka in Title Suit No.284 of 1993 should not be set aside. The learned Subordinate Judge by the said order accepted the security bond furnished by the present opposite party in the aforesaid suit which was filed under section 33 of the Arbitration Act as amended. 2. The short fa......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ...... of the plaintiff by the Court. It appears from this document that on behalf of Bangladesh Water Development Board the Chairman undertook to pay to the plaintiff any amount that may be allowed by the trial Court while disposing of Title Suit No.284 of 1993 and this has been executed on behalf of the..Category: Alternative Dispute Resolution | Date: | Hits: 245
....en by the petitioners are that while enlisting the case property in ‘kha’ list the respondents did not follow the procedure lied down in President’s Order No.16 and Ordinance No.54 of 1985. The right to acquisition and enjoyment of property is a fundamental right and a person cannot be deprive......the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the......howdhury Vs. Government of Bangladesh 30 DLR 336; Rahimuddin Baarsha Vs. Bangladesh, 46 DLR 130; Abul Ala Moududi Vs. West Pakistan 17 DLR (SC) 209; Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, 44 DLR (AD) 140.
Lawyers Involved:
Khalilur Rahman, Advocate–For the petitioner.
B......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ...... of Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others reported in 32 DLR (AD) 100 and Contended that sanction can be obtained after submission of charge‑sheet but before the trial commences even in case where a prior sanction by the Government is enjoined by law. This case ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....tree. He also found accused Nuru Mia and Mozaffar there interrogating Nasiruddin on suspicion that he came to their house for stealing ginger. P.W.6 further stated that at that time Nasirudin looked frightened and he advised Nasiruddin to go to his father-in law’s house. He further stated that acc......No.38 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 m......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ...... the corresponding GR Case No.95 of 1988. 3. On completion of investigation police submitted charge sheet against the two appellants under sections 302/34 of the Penal Code. On the commencement of trial the learned Sessions Judge framed charge against the appellants under the aforesaid section to..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “with the registrar, Joint stock Companies. Thereafter he filed an application with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern ......dern Residential Project” and started development of lands on 119 acres for the purpose of allotments of plots measuring ½ ‑Kathas, 5 kathas, 7 kathas and 10 kathas amongst the general public at fair price. RAJUK asked the petitioner No.1 to inform about the areas of land purchased by registere....../467/468/471/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 on 24‑8‑94. 4. The case record was received by the learned Sessions Judge on 31‑8‑94 for trial and was numbered as Special Case No.136 of 1994. Thereafter the learned Sessions Judge transfe..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
.... defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting defendants in their respective written statement asserting that plaintiffs have no right, title and interest in the suit property and denying title and possession of the plaintiffs. U......chased in the benami of another person. 3. Suit was contested by the defendant Nos.1-6, 7,10,11,17 to 19 by filing separate written statements except defendant No.17-19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......re out of 24.78 acres of the suit land by partition, on payment of fixed Court fee and subsequently on Payment of ad valorem Court fee, on 26-11‑77, in course of hearing argument of the suit in the trial Court. Plaintiffs claimed title and possession in the said land by successions and transfers a..Category: Civil Law | Date: | Hits: 86
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....wife of accused-appellant Humayun and she, while living with the husband in his house, met her death. It is apparent from the Post Mortem Report of the deceased that a mark of injury was found on the right neck of the deceased and the death was caused by insecticide poisoning. But when the victim me......se No. 40 of 1997 arising out of Motlob Police Station Case No. 2 dated 5.4.1995 convicting the accused-appellant Humayun under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......ng the F.I.R. 3. On completion of investigation of the case the Police submitted charge sheet under Section 302/34 of the Penal Code against the appellant and other accused persons. At the time of trial the charge under Section 302/34 of the Penal Code was framed against the appellant and 5 other..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
.... case was initiated, continued and concluded after 1/11 (11.01.2007) i.e. during Emergency, when certain part of the Constitution including the provisions of enforcement and protection of fundamental rights was suspended and the flow of normal course of justice or rule of law was hampered directly o......to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 20......ed and the trial was conducted beyond the scope of the notice issued under section 26(1) of the ACC Act, 2004. The notice did not specify the period for which it was issued. Such being the state of affairs, it can be said that the notice issued on 29.5.2007 was meant for the financial year 2006-2007......d Special Judge also issued warrant of arrest because of non-appearance of the appellants. Accordingly, the case was registered as Metro. Special Case No. 04 of 2008. Then the case was made ready for trial in absentia. Thereafter, the case sent to the Court of learned Special Judge, Court No. 6, ..Category: Criminal Law | Date: | Hits: 108
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... For the State. Criminal Appeal No.286 of 1983. Judgment Habibur Rahman Khan J.- The appellant Abu Taleb has been convicted under Section 397 of the Penal Code and sentenced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by th......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......e accused persons under sections 395/397 of the Penal Code. In the meantime the accused appellant was arrested by the Police on 17.3.80. The accused appellant along with two others were placed on trial before the Assistant Sessions Judge Sirajgonj having been charged under section 395 of the Pen..Category: Criminal Law | Date: | Hits: 84
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....al owners never came back to this part of the country. This falsifies the story of having been inducted in possession in 1356 B.S. Had the defdts. been in possession of the suit land or parts thereof right from 1947 there was no reason for their such possession being not recorded in the S.S. Khatian......peals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovery of khas possession......that Courts in this country have not enforced this rule with any great rigidity and the plea of adverse possession has been allowed to be raised even in the appellate stage for the first time if it fairly arises on the facts proved, but even if such a plea could be raised in the appellate stage, i......the prayer for recovery of khash possession. Being aggrieved, the contesting delfts. Preferred T.A. No.24 of 1972. The plaintiff filed Title Appeal No.33 of 1972 as no mesne profit was allowed by the trial Court. The learned Additional District Judge dismissed the Title Appeal No.24 of 1972 and allo..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... 2 and their Bharatias, accompanied by several goondas knocked upon the door of the residence of the petitioner and announced threats to murder them. The petitioner and their family members, therefore, had genuine apprehension that the opposite party Nos.1 and 2 with the help of the Bharatias an......t the manner in which the learned Magistrate held the proceeding and arrived at his conclusion would indicate that the judicial mind was tainted with bias and the petitioner's cause did not receive a fair consideration from him. He has drawn my attention to annexure 6 an information slip which shows...... party Nos.1 and 2 therefore should be bound down under the provision of section 107 of the Code of Criminal Procedure for keeping peace and safely of the petitioner and his family members. 3. The trial Magistrate served the opposite parties with notice to show cause why they should not be bound ..Category: Criminal Law | Date: | Hits: 70
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....after referred to as the said Code) praying for rejection of the plaint on the ground that the suit was barred under section 9 of the said Code and the Civil Court had no jurisdiction to decide the right created by the special statute that is the election laws. The learned Assistant Judge has on h......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi......ue to disturbances, the Election has traveled beyond its jurisdiction to pass the impugned order dispensing with the necessity for fresh poll at one centre presumably on the ground that there was a fair election held in that centre. According to him the plaintiff has filed the suit as a citizen ...... matter arose a candidate for the office of a Union Parishad Chairman challenged the setting up of a polling station at an allegedly wrong place, and the defendant-petitioner unsuccessfully moved the trial Court for rejection of the plaint. The High Court has held that the jurisdiction of the Civil ..Category: Election Law | Date: | Hits: 207
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002....... Mahbubuddin Ahmed Senior Advocate (M.A, Azim Khair, Advocate with him), instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002...Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......ave is granted. Lawyers Involved: Serajul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2065 of 2008. (From the Judgment and order dated 03.07.2008 passed by the......of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......ant Nos.1 to 4 contested the suit by filing a written statement, denying all material averments made in the plaint. 3. The suit was initially decreed but on appeal it was sent back on remand for trial afresh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....e caterer having performed his function in full to the satisfaction of the Railway Authority and he having not found to be an undesirable person, serving unwholesome food to the ordinary citizen, his right to such service during his contractual period cannot be taken away without the due process of ......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......the general power as under clause 2 of the Agreement it cannot be said that the order cancelling the licence was on the face of the record bad in law, which however, need be left to be decided at the trial. 13. Now coming to the point of maintainability of the application under Order 39 of the Co..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....of his conviction. We also find no reliable evidence on record to prove his guilt other‑wise under section 395 of the Penal Code. 23. Apart from that, the learned Advocate for the appellants has rightly pointed out that this so called confessional statement was not brought to the notice of its ......e No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... 164 of the Code of Criminal Procedure was recorded involving some other co‑accuseds. After submission of the charge sheet the case was sent to the Court of the learned Sessions Judge, Noakhali for trial which was thereafter transferred to the Court of the Additional Sessions Judge for disposal. C..Category: Criminal Law | Date: | Hits: 76
Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)
....nt of a company. Further, he submits, there is distinction between companies limited by shares and companies limited by guarantee. Whether a company is limited by a guarantee or by shares cannot give right to any member of the company in respect of specific property of the company. In respect of com......r orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Court of Subordinate Judge, 1st Court, Dhaka praying for the following relief: “অতএব, উপরোক্ত অবস্থা ও ঘটন......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......s from the submission of the learned Advocates of the parties that the appeal before the 6th Additional District Judge and the application for temporary injunction would be shortly disposed of by the trial Court. 7. Mr. Khondaker Mahbubuddin Ahmed, the learned Advocate appearing for the petitione..Category: Civil Law | Date: | Hits: 87
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
.... by the accused appellant is of serious nature from the national point of view and the prosecution has been able to prove the case against the appellant beyond all reasonable doubts and he has been rightly convicted and sentenced by the learned Special Tribunal Judge. 6. We have been taken th...... absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along with him with the same offence b......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along with him with the same offence but on trial he was acquitted by the learned Special Tribunal Judge by the same judgment and order. The p..Category: Criminal Law | Date: | Hits: 74
....tional District Magistrate to cause service of the order containing the grounds of detention in a leisurely way within 15 days in every case deliberately to deprive the detenu of his valuable legal right to make effective representation at the earliest possible opportunity to the appropriate autho......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited Bangladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ......scellaneous Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mahmudul Amin Chowdhury J
Dr. Md. Habibullah................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh & others...............Opposite Parties
Judgment
August 28......cept on the ground of mala fide." It does not mean that the detaining authority is to disclose the source of information and to prove and establish before the Court each and every information as in a trial before a Court of law.
12. In the instant case there is no manner of doubt that the detenti..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....ion of appeal to the Appellate Court. 6. Section 412 of the Code provides that an accused that has pleaded guilty to the charge and has been convicted on such plea is considered to have waived his right to question the legality of the conviction; he can only question the extent or legality of the......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee......unicated to the Inspector General of Prisons, Bangladesh who shall issue necessary instructions/office orders to all the superintendents of jails and another copy to the Secretary, Ministry of Home Affairs, Government of Bangladesh for taking necessary actions in this regard in the light of the obse......to a convict by sections 408 and 410 and they have to be read together. Section 413 of the Code takes away the right of appeal in certain petty cases and section 414 in certain convictions in summary trials. Sections 415 and 415A are added by way of proviso. Explanation to sections 413 and 415 are i..Category: Criminal Law | Date: | Hits: 73
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