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Shahidul Vs. State, 1998, 27 CLC (HCD)
.... after close of the prosecution witnesses the learned Tribunal examined the accused persons except the accused petitioner who was in hajat in connection with another case. The defence did not examine any DW on their behalf. The defence case, as could be gathered from the trend of cross examination, ......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......n exercise of inherent jurisdiction by this Court under section 561A Cr.P.C. in 46 DLR (AD) 67 where our Appellate Division has held the High Court Division may exercise its inherent power to quash a proceeding or even a conviction on conclusion of trial where the Court concerned got no jurisdiction..Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....o show cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alb......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......for the revisional authority to examine the records which were not before the Collector of Customs or the Appellate Authority i.e. Member NBR and the words: “call for and examine the records of the proceeding relating to the such order” as mentioned in section 196B of the Customs Act, 1969 are o..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....592); Ugar Sugar Works Ltd. Vs. Delhi Administration and others (2001 3 SCC 635); State of Punjab Vs. Ram L Bagga & others (1998 SCC 117); Union of India and another Vs. International Trading Company and another (2003 5 S.C.C 437) State of Maharashtra Vs. Lok Shikshan Sanstha (AIR 1973 SC 588); ...... of the populace enjoy the privilege of using gas for household purposes. Only 14% of them have access to electricity and hence, in no way can our national interest be served by exporting gas at this stage. National interest would be irretrievably compromised if gas are exported to India, as reports......the purported facts put forward for consideration through the writ petitioner are so highly contentious that they cannot be resolved without examination of evidence, not possible in a judicial review proceeding. The subject matter of the writ petition falls within the exclusive domain of the governm..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
....e is nothing on record to show that the petitioner received the Taka under protest’ and that ‘the limitation shall run from the date of service of notice and the petitioner is not entitled to get any benefit for wrong filing of the same’. 8. The learned Advocate for the petitioner also coul...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......o his application is maintainable under section 28 of the Ordinance. Secondly the petitioner was entitled under section 14 of the Limitation Act for exclusion of the time from 22-03-84 to 18-05-85 in proceeding the Miscellaneous Case No.15 of 1984 bona fide in the court of District Judge. So, accord..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....der section 409 of the Penal Code read with section 5(2) of Act II of 1947, to which the accused appellant pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined as many as 12 witnesses and exhibited a series of documents in support of its case but the accused appel......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......on of the fine as a public due in a summary way under the provisions of section 386 of the Code of Criminal Procedure without the necessity of initiating an independent, time-consuming and cumbersome proceeding. This is why in a case under the Anti-Corruption laws, an accused is sentenced to pay a f..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....ithdrawn. 4. No inquiry required under section 4(1) of the Act was ever held to have objective satisfaction by the Government based on positive materials as regards possession by the petitioner of any property and liabilities disproportionate to her known source of income before the issuance and ......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......o suggest that the petitioner was made an accused and she is being compelled to give evidence against herself. He contends further that Article 35(4) of the Constitution will be attracted only if the proceeding is started with the accusation against the petitioner being compelled her to make the sta..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....g in the Court of Additional Metropolitan Magistrate, Dhaka. Section 295(A) Penal Code reads as follows: "Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizen of Bangladesh, by words, either spoken or written, or by visible representa......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497....... Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having its office at 55, Motijheel Commercial Area, Dhaka, for quashing the proceeding as contained in complaint case No.1364 of 1994 under section 295A of Penal Code, pending ..Category: Criminal Law | Date: | Hits: 52
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....efendant. When a suit abates for want of substitution plaintiff may apply for an order to set aside abatement under sub-rule (2) of rule 9 of Order 22. If it is proved that plaintiff was prevented by any sufficient cause from continuing the suit the Court shall set aside abatement. In considering pr......plication has been filed in time and whether the suit has abated in the meantime for non-substitution. Though the Court has wide discretion to allow either party to alter or amend his pleading at any stage of the proceeding for the purpose of determining the real questions in controversy between the...... been filed in time and whether the suit has abated in the meantime for non-substitution. Though the Court has wide discretion to allow either party to alter or amend his pleading at any stage of the proceeding for the purpose of determining the real questions in controversy between the parties on c..Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....orney for the purpose of accepting a written objection and making steps in the Family Suit. 2. The fate of the Rule hinges on the answer to the question whether the order under challenge calls for any interference by this court in the exercise of Revisional Jurisdiction under section 115 of the C......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......ict Judge. The word ‘order’ has not been defined in the Ordinance. The ‘order’ in its widest sense may be said to include any decision rendered by a Court on question between the parties of a proceeding before the Court and the same can be construed or read either final or interlocutory and ..Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing autho......we answer the questions referred to in this reference application in the negative and in favour of the assessee applicant and against the Revenue. 19. There will be no order as to cost. At this stage the learned Deputy Attorney-General prayed for a certificate under section 162(1) of the Ordin......case the Taxes Appellate Tribunal was justified in law to hold that the assessment made on 30-6-85 was not barred by limitation. (ii) In the facts and circumstances of the case when the assessment proceedings were in a state of pendency following issue of notices under sections 22(2) and 22(4) wh..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....red Office No.14 Bijoy Nagar, PS Motijheel, District Dhaka and the defendants are the Manager, Regional Manager and Managing Director of Bangladesh Krishi Bank. The plaintiff is a private limited company and the defendants are the officials of a Bank which is the creature of President’s Order 27 o......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......24. In the case of Dr. Syed Matiur Rob being dead his heirs Shainsun Nahar & others on Bangladesh and others reported in 42 DLR (AD) 126 it was further held the bar of res judicata applicable in writ proceedings on the general principle that the public interest requires that there should be an end t..Category: Civil Law | Date: | Hits: 101
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....g the parties this court granted leave to consider the submission that during the subsistence of Emergency period the High Court Division could not entertain the application for bail far less passing any ad-interim order as there is a complete bar under Rule 19(gha) of the Jaruri Khamota Bidhimala, ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rcumstances as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulteri..Category: Criminal Law | Date: | Hits: 100
....7. Mr. Md. Mansur Habib, learned Advocate appearing for the opposite party, first read out the provisions of Order 21 rule 29 of the Code of Civil Procedure and submits that in view of such provision any court other than the executing court can stay further proceedings of any executing case if other...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......arily rejected. Civil petition being No.113 of 1998 made before the Appellate Division therefrom was also dismissed on 3-12-98. The opposite parties again moved an application for stay of the further proceedings of the execution before the executing Court till disposal of their Other Class Suit No.7..
Category: Civil Law | Date: | Hits: 81
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur Rahman Chowdhury, 19 DLR 766; AKM Mayeedul Islam Vs. Bangladesh Election Commission ...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......is plea that he was not convicted of an offence, involving moral turpitude, It was not contended even that until the conviction was not set aside, the same had acquired finality so far as the present proceedings were concerned. Nor was it argued that there was any clouding or eclipse of the said con..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
....the accused petitioner took loan of Taka 1,64,000 from the informant in 3 instalments as loan for his business purpose. There is nothing in the FIR that at the time of taking loan the petitioner made any promise with the complainant that he will return the money within a specific time or date and we...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......eral—For the State. Criminal Miscellaneous Case No. 4587 of 1999. Judgment Md. Munsurul Haque Chowdhury J.- By this Rule opposite party was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....tion by filing a written objection denying the case of the pre-emptors. 3. Then on 25-4-2000 the petitioner made an application for an order for hearing on the valuation the preemption case before any hearing of the preemption application. In the application, it is asserted that the price of the ......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......preemption application. The application was seriously opposed by the preemptors. 4. The application was heard on 4-5-2000 and rejected by the trial Court being of the view that in the frame of the proceeding, there was no scope for the Court to hear and decide on the valuation of the proceeding e..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....pting P.W. 4 Chand Ali, a son of second wife who was sleeping with the deceased, He deposed that he woke up at the shaking of the and cried out but he was threatened to keep qui He could not identify anyone. P.W.s 9 to 11 went tendered but not cross-examined. P.W. 16 is a witness to a seizure list. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......n-law, Jamsed Ali on a mat on the floor of the four-roofed open outhouse in the east-bhiti. 4. At about 1-30 hours in the night, she woke up at the cry of her son Chand Ali P.W. 4 and when she was proceeding towards the said outhouse, 4/5 unknown persons caught hold of her and tied her eyes and m..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....le 101 CPC. Learned Advocate further submits that the learned Subordinate Judge erred in law in disposing of the application filed by the third party opposite party in a summary manner without making any inquiry as required by law and illegally directed the petitioner to hand over possession of the ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......y, schedule ‘Kha’ property is the homestead of the third party opposite party and the said property has been taken over possession by the decree holder petitioner through the process of execution proceeding by evicting him there form. The learned Subordinate Judge in the impugned order for resto..Category: Property Law | Date: | Hits: 82
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ure-A, and Reference dated 28-3-2000 by the Speaker to the Election Commission by Memo No.8(1)12000- Law-2 (Miscellaneous) dated 28-3-2000, Annexure B, shall not be declared to have been made without any lawful authority and of no legal effect and why the respondents shall not be directed to revoke,......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ter the Jatiya Sangsad was constituted and the Government was formed in June, 1996, respondent No.5 on 27-8-96 and 10-11-96 gave speeches on the floor of Jatiya Sangsad forming part of the parliament proceedings criticising the opposition in the parliament, particularly leader of the opposition, and..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....000 and that the defendant No.1 received the entire consideration money. The plaintiff thereafter requested the defendant No.1 to execute and register the deed sale but the defendant No.1 did not pay any heed to it. And hence the above noted suit for Specific Performance of Contract. It is the speci......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......contrary to law as it can decree the suit under section 107 of the Code of Civil Procedure or it can refuse the specific performance as a Court of first instance without relegating the parties in the proceedings again for fresh trial. According to Mr. SK Nabi, the appeal is the continuation of the s..Category: Civil Law | Date: | Hits: 71
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