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Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....Special 5(five) Years Plan was placed in a newly created post of Additional Chief Engineer un­der Chittagong Hill Tract Development Board. Be­cause of the quick success of the petitioner in service some of his colleagues became jealous and started sending anonymous letters against the petitioner c......abricated report against the petitioner. The enquiry committee submitted its report to the Secretary of the Ministry who forwarded the same to the CMLA Secretariat on 1.4.85 where­upon the Secretary called for an explanation from the petitioner as to the allegations in the said report. The petition......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddin Ahmed J Mahtabuddin Ahmed.......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to revi..

Category: Employment/Service Law | Date: | Hits: 209

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

.... Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State .........................… Petitioner. Vs. Md. Sirajul Islam and others ……..….. .......................... Condemned prisoners. Masum .................... convict-appellant. Vs. The State ……......……….......tificate that the confession was voluntarily made. In his statement the accused Piyas has given full narration of the events disclosing that about one week before the alleged occurrence accused Masum called Manik and Jamir in the field of Birashal and at about 10-30 hours in the night accused Siraj ......e suggestion that he tortured the accused Jamir and Piyas and another accused Babul (since deceased) and threatened them to confess and that the said statements were not recorded as told by them. The trial Court below also ascertained the truth as well as voluntariness of the confessions made by the...... ..

Category: Criminal Law | Date: | Hits: 105

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Result: The Rule is made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27   ......or adduce evidence in support of their case. He adds that there is nothing on record to suggest that during pendency of the appeal plaintiff-opposite parties filed any application to produce their so called document of title but the Court of appeal below by the impugned judgment at his own motion mo......  During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court or made any oral prayer to accept the documents as evidence filed by the plaintiffs with......resent: Sheikh Abdul Awal J Hafez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Resul..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

.... Taka 1,000 to Taka 700 directing the plaintiff to deposit the cost within the stipulated time by his order dated 19‑9-­95. Thereafter, as the cost was not deposited within time given by the Court so, the order No.30 by which the Miscellaneous Case No.1 of 1994 was allowed earlier is held against......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......No.33 dated 9‑10‑95 indicates that in view of the prayer made by the plaintiff‑(opposite party) supported by affidavit and deposit of cost of Taka 700 by two cheques, on 7­-10‑95 the learned trial Court upon hearing the plaintiffs opposite parties allowed the same and thereby restored the o...... once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ..

Category: Procedural Law | Date: | Hits: 94

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

...............Petitioner Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others………………………..Respondents Judgment June 17, 2001. Result: The Rule is made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can acco......u of Ant-Corruption there must be an information to the police relating to the commission of a cognizable offence. In other words there must be an information to the police which is in legal parlance called FIR, regarding to the commission of a cognizable offence. 7. In the instant case in the im...... is further stated that the case filed against the petitioner and her husband under section 409 of the Penal Code and with section 5(2) of Act II of 1947 ended in charge-sheet and are now pending for trial before the proper courts. It is further stated that there is no case pending for investigation...... the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was mentioned and no allegation of offence or accusation was disclosed and there is also no mention whether the im..

Category: Criminal Law | Date: | Hits: 305

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....ision of section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficien­cy, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to anoth­er pe...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... by the learned Sessions Judge, Rajshahi vide order No.2 dated 27-11-2007 and since then the accused peti­tioner has been enjoying the privilege of bail. 5. Thereafter the case was made ready for trial and the same was transmitted to the Court of learned Sessions Judge, Rajshahi wherein the same......ance of the same against the accused petitioner under sec­tion 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are busi­nessmen by profession and due to business purpose, there has be..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....u Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosha......hearing and disposed of by a single judgment as there involved a common ques­tion of law and fact. 2. In all the petitions, notice under section 93 of the Income Tax Ordinance, 1984 (herein after called Ordinance) issued by the respondents Income Tax Authority is under challenge. 3. In Writ P......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

....Corruption Act, 1947. Being acquitted he approached the authority to allow him to join in his service and to withdraw his suspension order. But the authority did not pass any order and without any reason started departmental proceeding against him for further inquiry into the offence of misappropria......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455....... of misappropriation of the alleged Sanchaya Patras. The learned Advocate has submitted that this is not tenable in the eye of law since the petitioner has been acquitted by the competent Court after trial. He has further submitted that petitioner had personal enmity with Assistant Director Ataur Ra......nt: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment July 28, 2002. Result: The Rule is dis..

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

.... (Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: Th......amindar to the great annoyance of the disciples of the great saint. This was protested by Professor Dewan Azraf, grandson of Hason Raja and father of the petitioner, which was published in a magazine called the Bichitra and the Producer Helal Khan borrowed that distorted and disparaging story as the......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......be suspended till hearing of the Rule as prayed for. Release of the film was stayed for 4 (four) weeks by order dated 14‑12‑2002. 2. On a reference to the prayer we have noticed a very unusual and curious phenomenon i.e. prayer (A) was couched/made in the manner as follows: "A) Issue a Rul..

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....Masud Chowdhury J Moti Miah……………….Petitioner  Vs. Ful Miah and others………………….Opposite Parties Judgment January 3, 2008. Result: The Rule is made absolute. Lawyers Involved: MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - ......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......d the suit land and defendant Nos.2, 3 and 4, sons of defendant No.1, on behalf of defendant No.1, were possessing the suit land and the suit is false and fabricated and is to be dismissed. 5. The trial Court dismissed the suit by the Judgment and decree dated 25-8-2004 and 31-8-2004 respectively......CD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....diquee J Syeda Sajeda Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: The rule is made absolute. A Court of law cannot proceed judicially on a bare statement made by such police officer ......and in due process of law the application was considered by the concerned Minister, the secretary of Ministry of Works and it was forwarded to the Chairman, Rajdhani Unnayan Kartripokha (herein after called RAJUK) and after observing all legal formalities RAJUK allotted a 5 katha's plot in favour of......tion 420 of the Penal Code is disclosed in the FIR, and charge sheet and, as such, the instant proceeding cannot not be preposterous and if any offence in disclosed and the same can be decided by the trial Court in course of trial on examining the witnesses. But in this case no charge had yet been f......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....aha and anothers………………………Petitioners Vs. Haripada Saha & another……………………..Opposite Parties Judgment August 5, 2009. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs......ife estate. So she had no power to transfer the said land nor to making will and the property as claimed as owner by the opposite party having a will from Mrs. Shurashi Bala the Court and even the so-called will was not made any probate and the probate was not correct. He finally submitted that the ......ding of the reference given by him. 4 P.Ws. and 4 D.Ws. were examined who deposed supporting their respective sides. On further reading of the Judgments of the Courts below in appeared to me that the trial Court framed 5 issues which were discussed and decided collectively in violation of municipal ...... This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..

Category: Property Law | Date: | Hits: 83

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

.... others………………………Petitioner Vs. Md. Abdur Rab Khandaker & others………………………Opposite Parties Judgment March 14, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupt......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......huts over the suit land; that the petitioner filed additional written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the facts and circum­stances decreed the suit...... Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....e direct­ed to prepare a fresh voter list excluding the names of the non-Bangladeshis (the Rohingyas) and including the qualified voters. 3. In Writ Petition No.601 of 2011 the peti­tioner has also challenged the non-inclusion of the name of about 1000 other Bangladeshis including the petitione......ard together and are being disposed of by this single judgment. 2. In these Rules Nisi issued under Article 102 of the Constitution of the peoples' Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned notification vide memo No. নিকস/পৌর-......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....2 Penal Code and accordingly, convicted and sentenced him to death and court below found accused Imam Hossain Patowary guilty under sections 302/109 Penal Code and convicted and sentenced him to imprisonment for life with fine of Taka 10,000 in default to suffer RI for 1 year more by judgment dated ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......atwary. Other accused surrendered through engaged Advocate. They were sent to custody having prayer for bail. Afterwards charge was framed under sections 302/34 Penal Code against all accused. At the trial prosecution examined 16 witnesses. P.W.1‑6 and 8 are informant Waliullah Patwari, and Yusuf ......………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

.... Hasina Khatoon and another........................Petitioner Vs. Md. Samsur Rahman and others...................Opposite Parties Judgment March 9, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 1......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...... and it is bad for defect of parties. It was further contented that they purchased the case land with the consent of the petitioners and, as such, they are not entitled to pre‑emption. 4. At the trial the petitioners examined one witness in support of their case. While cross-examining P.W.1 it ......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..

Category: Property Law | Date: | Hits: 94

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respondents was dispensed with while fixing a date of h......r is of great public importance involving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of th......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

....Islam (KJ Islam)……………Petitioner Vs. Standard Co-operative Credit Society Ltd and another………………Opposite Party Judgment May 31, 1998. Result: The Rule is made absolute. Cases Referred to- Serajuddin Howlader Vs. Pubali Bank Limited, 4 BLT 80; Sonali Bank ...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ...... the same cannot be maintained in that Court. The plaintiff has not obtained any licence and their status is not that of a financial institution as contemplated under the Artha Rin Adalat Ain and the trial Court committed wrong and illegality in not returning the plaint to the filing Advocate for pr......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Kazi Gowaherul Islam (KJ Islam)……………Petitioner Vs. Standard Co-operative Credit Society Ltd and another………………Opposite Party Judgment M..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

.... Shahidullah and others……………………Petitioner Vs. Lutfur Karim and others……………………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cas......ufficient to satisfy the provisions of section 65, Evidence Act, so as to make copy admissible.” It was further held: “Loss can never be proved absolutely, and although Cirraj Singh was not called as a, witness, their Lordships regarded this evidence of loss of a document which has not bee......and their Counsel and having considered the evidence and materials on record, the learned Assistant Judge, Chatkhil dismissed the suit by judgment and decree dated 28-2-93. 6. Strangely enough the trial Court did not discuss and consider issue No.4 but while discussing issue Nos. 2, 5, and 6 viz ......d down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..

Category: Procedural Law | Date: | Hits: 103

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

.... the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against them. It appears that this Rule was issued at the instance of 3 accused persons namely, Hifzur Rahman, Fazlul Karim and Abdur Rob. The learned Advocate appearing on behalf of ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......r on an application filed by one Md. Shamsuddin the learned Magistrate included petitioner No.2 Fazlul Karim as an accused and accepted the charge-sheet and sent them to the Court of Sessions to face trial. Thereafter the petitioners filed an application before the learned Additional Sessions Judge ...... Case is also Reported in: 50 DLR (HCD) (1998) 325. ..

Category: Criminal Law | Date: | Hits: 102