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Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....doing the function of a First Class Magistrate. He has stated that he put the relevant questions to the accused persons, but as he was busy with works of Upazila, he could not record the statements properly and recorded the same merely in his own language. There is nothing to show that he gave pro...... Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. Judgment Daliluddin Ahmed J.- This appeal is directed against the judgment and order dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convic......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....s that there was a 'Maramari' or free fight between the parties on the disputed land and the accused-petitioners have been in jail custody for more than 9 months and the case has not been sent to the proper Court for trial as yet and that both the sides have instituted cases, against each other on t......2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecution, there is a Civil litigation between the informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect......e under section 302 of the Penal Code, but in suitable and appropriate cases, this Court shall not hesitate to grant this privilege of bail to an under trial prisoner with a view to saving him from illegal and undue harassment. In any view of the matter the privilege of bail should not be withheld b..Category: Criminal Law | Date: | Hits: 74
.... by opposite party No.1 seeking a declaration that the orders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him.
2. The case of the plaintif.....................Opposite Parties
Judgment
August 8, 1989.
Result:
The Rule is made absolute.
Cases Referred to-
Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and ors. 27 DLR (AD) 143.
Lawyers Involved:
S.R. Pal with Pa......arty No.1 seeking a declaration that the orders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him.
2. The case of the plaintiff, in short, is ..
Category: Administrative Law | Date: | Hits: 488
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....the Penal Code now pending in the Court of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. allegin...... of the Penal Code now pending in the Court of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. all......7A) Cr.P.C. The Sessions Judge, Mymensingh by his order dated 22.9.88 took the view that the order dated 5.6.88 passed under section 167(7A) Cr.P.C. by the Additional District Magistrate may not be legal and valid as it was not passed by the District Magistrate and that as the accused persons have..Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....l within 60 (sixty) days under Section 12(4) of the Press and Publications (Declaration and Registration) Act, 1973 and/or pass such other or further order or orders as to this Court may seem fit and proper”. 2. Averments figured in the petition are summarized below: After obtaining defini......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule......re-B) of the Press Appellate Board, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3 for authentication of the pet..Category: Others | Date: | Hits: 171
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....s in the custody of the accused on the night of occurrence. Naturally the accused is to explain how the death was caused. Except by giving a suggestion that the victim committed suicide, there was no proper explanation from the side of the accused as to how his wife met her death. We have carefully ......us J Md. Shah Alam…………………Appellant Vs. The State……………………Respondent Judgment March 24, 2011. Result: The criminal appeal is dismissed with alteration and modification. Cases Referred to- Mobarak Hossain Vs. State, 33 DLR 274; 45 DLR 16; Swapon ......ned Sessions Judge by his order dated 14.10.1995 appointed an Advocate as State defense lawyer to defend the appellant as he was absconding since the date of occurrence. After observance of necessary legal formalities the learned Judge framed charge under section 302 of the Penal Code against him by..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Petitioner Vs. The State………………………Opposite Party Judgment March 18, 2012 Result: The Rule is discharged. Case Referred to- Golam Sarwar Hiru Vs. the State and another, 13 MLR (AD) 103. Lawyers Involved: No one appears - For the Petitioner. Mrs. S......r, Comilla filed a petition of complaint before the cognizance Court No.2, Comilla on 10.8.1997 against the petitioner alleging, inter alia, that the petitioner is his predecessor-in-office. He had illegally confined and misappropriated some documents of the Madrash namely, registration cards, mark ..Category: Criminal Law | Date: | Hits: 85
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... I agree. Ed. This Case is also Reported in: ......ort, the petitioners surrendered before the Court on 25.1.1990 and obtained bail, but subsequently did not turn up to the Court and as a result their bail was cancelled. After observance of necessary legal formalities, the case was made ready for trial and was sent to the District Magistrate, Brahma..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... I agree. Ed. This Case is also Reported in: ......1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla reje..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....he charge. Thereafter he was asked to appear in person before an enquiry committee on 12.11.83. Accordingly he appeared before the enquiry committee with his witnesses but their statements were not properly recorded nor read over to them. The witnesses for the employer were not examined in his p...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absol......er dated 27.11.83 which was received by him on. 3.12.83 on the basis of the report of the enquiry officer finding him guilty of misconduct for committing theft in respect of 3 iron rods. He was illegally dismissed without proper inquiry. On the aforesaid allegations the respondent No.2 prayed fo..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Company Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made ......sion and order dated 25.5.85 passed by the Respondent No.1 in I.D. Case No.19 of 1982 Annexure 'E' to the petition should not be declared to have been made without any lawful authority and is of no legal effect. 2. The facts leading to this Rule is that respondent Nos.2-29 jointly filed the a..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....was given to the petitioner and the petitioner fulfilled the terms of the lease deed in full, a vested right in the land was accrued for the petitioner which cannot be taken away without giving any proper and legal notice upon the petitioner. 10. An affidavit-in-opposition has been filed by the......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..............esh the Respondents were directed to show cause as to why the Memo No. Shakha-11/31-3/81/82 dated 7.2.85 (Annexure CC) should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release and restore the possession of..Category: Property Law | Date: | Hits: 115
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
.... the dispute arose out of an agreement to purchase 4-storied building and since the accused petitioner as per contract did not execute and register a transfer kabala in favour of the informant, the proper remedy in such a case lies in filing a suit in the Civil Court and not a criminal proceeding ......chpara in Plot No.747 for a consideration of Taka 29,74,000. In pursuance of this contract, possession of the building was made over to him after receipt of an amount of Taka 12,74,000 with an understanding that the remaining balance amount of Taka 17,00,000 would be paid to the House Building Finan......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......elal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28, 2003. ......ng upon the respondents to show cause as to why the reduction of the petitioner both in rank as well as in pay should not be declared to have been taken or made without any lawful authority and of no legal effect. 2. It is stated that on 22‑12‑1991 the petitioner joined the Shahabuddin Colleg..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......Case is also Reported in: 63 DLR (HCD) (2011) 382. ......) Case No.368 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2006 now pending before the respondent No.1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the Respondent No.2 was an employ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......his Case is also Reported in: 63 DLR (HCD) (2011) 379. ......ts to show cause as to why the impugned order vide Memo No. Shipkam/Hash-1/Clinic-5/93/259 dated 30-12-2002 (Annexure-D) should not be declared to have been made/passed without authority and is of no legal effect and why direction should not be issued upon respondents No.1, 3 to 5 to hold election o..Category: Civil Law | Date: | Hits: 169
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...............Petitioner Vs. Golam Murtaza .................................................Opposite Party Judgment May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is m......al of the petitions, we have noticed that the petitioners have not annexed the order of the learned Chief Metropolitan Magistrate taking cognizance of the offence. Therefore, technically there was no legal proceeding when the applications were moved before the Court. These petitions being not in acc..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....orated each other as to taking away of victim in a van on the date concerned by accused appellant towards bazar. 17. He also submits that the delay in lodging the complaint petition was explainted properly in the petition itself. He also submits that when the GD was filed by the informant it did ......neral with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Session......e for the missing of the victim as his married wife from his house and custody through preplanned abduction invoking offence under section 364 of the Penal Code. Learned Court below rightly and quite legally found him guilty under section 364 of the Penal Code and convicted and sentenced him vide im..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....ccused persons went to Monoharpur Bazar with the said rickshaw van and offered to sell the same to some of the witnesses at a very low price which gave rise to suspicion that the same might be stolen property and on query they confessed that after killing the rickshaw van puller Khalil they had st......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B......hom the accused also made extra-judicial confession admitting to have murdered rickshaw van puller Khalilur Rahman and to have stolen the said van. He further submitted that there was no violation of legal requirements in recording the confessional statements which are voluntary as well as true. H..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.........Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971) ......affording an opportunity to the applicant to explain the position of the creditors made the assessment and consequently, the tribunal erred in law in upholding the order of the DCT and the DCT most illegally and without jurisdiction disbelieved the loans advanced by the creditors and thereby the DCT..Category: Fiscal/Taxation Law | Date: | Hits: 200
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