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Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....istance to the accused to the best of her ability and tried to avoid rape by every means. In such a case, it is almost certain that before the victim could be completely subdued and physically over‑powered by the aggressor, the struggle would inevitably leave marks of bruises and scratches on vita......rred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliruzzaman, Advocates-For the Appellant. SM Aminul Islam, Assistant Attorney-General-For the State. Criminal Appeal No. 1371 of 1999. Judgment Gour Gopal Saha J...... life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina Khatun, aged about 13 years, went to their family latrine to respond to the call of nature when appellant Md. Masud Mia suddenly grabbed her and tied her mouth with a gamcha an...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... sought for quashing any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and placing section 561A Cr.P.C. he has submitted that this Court by exercising the inherent power can make such orders as may be necessary to prevent abuse of the process of any Court. He has ......: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Aw......orney-General-For the State. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Awlad Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS Case No. 27(3) 0......was fixed on 25‑3‑2004 for hearing of the application for remand. It has been stated that in the past, that is in the last year, the petitioner was surprised to see a news that in the course of a meeting with the Chairman, Board of Investment, he threatened to kill the Chairman and soon after pu..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....rough section 54 of the Code and section 3 of the Act, and submits that a person cannot be put in preventive detention after arrest under section 54 of the Code, inasmuch as, a police officer has the power to arrest a person under this section on any of the grounds contained therein whereas, an orde......………….Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 195......Miscellaneous Case No. 9146 of 2002. Judgment SK Sinha J.- These two Rules arise out of the same proceedings and therefore, these Rules are disposed of by this judgment. These Rules were issued calling upon the opposite parties to show cause why the detenus Liakat Sikder and Md. Rafiqul Islam ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
....y attention to various provisions of Union Parishad Ordinance, 1983 and submits that the election tribunal was set up by the election commission and though the election tribunal was invested with the power of a civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be a C...... High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Cas...... M Ashruf Ali for Farhad Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3‑1999 passed by the Election Tr...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..Category: Election Law | Date: | Hits: 79
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......tate………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- Begu Vs. Emperor, AIR 1925 PC 130; Md. Anwar and another Vs. State, PLD 1956 SC 440, Md. Yaku...... an Advocate, full brother of Md. Ahasanul, Kabir (Informant PW 1) and son of Md. Hashem Ali Molla (PW36) and Setara Begum (PW 37) came from Dhaka on 6Â4‑1998 at about 8.30 AM 9.00 AM. A telephone call came in telephone No. 760934 of PW 36. Hashem Ali Molla (PW 36) received the call and on the ot......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....pplication, the defendants contended that after the death of Alimullah on 18Â-10‑1976, his sons and daughters appointed their mother Hasina Begum as their duly constituted attorney by a registered power of attorney dated 5-Â12‑1977. So empowered she transferred number of properties with the co......d. Abdur Rashid J S Rahman Miah J Ali Akbar (Md) and others...............Appellants Vs. Sakina Begum and others..............Respondents Judgment August 24, 2002. Cases Referred to- Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97; Md Musa and others Vs. Tajul Islam, 38 DLR 134 ......rder dated 15‑1‑2002 appointing receiver of the suit property hereby set aside. The application for appointment of a receiver is rejected. Connected Rule is also discharged and order of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Comm......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ......mad and others.........................Petitioners Vs. Md. Gafur and others................................Opposite Parties Judgment August 12, 2003. Cases Referred to- Fazlur Rahman Vs. Rajab Ali and others 30 DLR (SC) 30; Aziza Nilufar Begum Vs. Jahanara B......exure‑ 'C' has rightly been presumed by the trial Court as one under Order VII rule 10, is a belated one and under such circumstances the order refusing the prayer for return of the plaint does not call for interference but at the same time it appears further that the defendants at their earliest ......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......q J SM Hossain J Shibu Pada Acharjee...................Convict-appellant Vs. State …………………........................Respondent Judgment March 30, 2003. Cases Referred to- Asiman Begum Vs. State, represented by Deputy Commissioner, 51 DLR (AD) 18; State Vs. Abul Ka......l Chandra Achariya and used to perforin daily family works. On the night of incident, that is, on 10‑10‑1991 at 10.00 am Dr. Anukul Chandra Achariya and Sandha Ram, mother of accused‑appellant, called on Prosecutrix to serve dinner of accused-appellant in his room situated in northern portion ...... a female child. 11. PW3 Siddiqur Rahnian tendered evidence that Ratna Rani used to stay in the house of Dr. Anukul and due to illicit connection with accused Shibu Pada Ratna Rani conceived. In a meeting held statements of Ratna Rani and Shibu Pada had been recorded and Shibu was held guilty of ..Category: Criminal Law | Date: | Hits: 64
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....nvestigation, trial and disposal the provisions of the Code of Criminal Procedure shall apply and the Tribunal constituted under the Ain shall be deemed court of sessions and it will exercise all the powers of court of sessions in the trial of any offence under the Ain or any other offence pursuant ...... Lawyers Involved: Ozair Farooq with Md Aminul Islam, Advocates -For the Petitioners. Prabir Halder, Advocate‑For Informant‑Opposite Party No. 2. Sheikh A Awal, Deputy Attorney‑General‑For the State‑Opposite Party. Criminal Appeal No. 4298 of 2003. J......d has been falsely implicated out of political rivalry and the alleged confession was obtained by physical torture and pressure meted out to the accused in police custody. The learned Advocate emphatically submits that since the informant of the case has submitted application for considering the bai......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....administrative order for the purpose of maintaining upto date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the revenue officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken b......¦â€¦â€¦â€¦.Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment February 23, 2004. Cases Referred to- Sadat Ali Talukder (Md) @ Md Sadat Ali Vs. State and another 4 BLC (AD) 228; Shahera Khat...... Criminal Miscellaneous Case No. 873 of 2001. Judgment Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Cod, of Criminal Procedure, was issued calling upon the Deputy Commissioner, Sunamganj and opposite party No.1 to show cause as to why the ......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....w in rejecting the application mainly on the ground that the court could have compared the signatures of defendant No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support...... Miah J Monju Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Mo......e basis of laches and negligence. He took us through the record and submits that on 29‑9‑93 defendant No.1 submitted written statement. In paragraph 9 of the said written statement it was categorically stated that said rent receipts were forged, collusive and procured. Then, the plaintiffs submi......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....uddin Md. Aminur Rahman, learned Assistant Attorney‑General for the State, on the other hand, submits as follows: (i) According to section 540 of the Code of Criminal Procedure the Court has the power to examine any witness at any stage of the trial before pronouncement of the judgment. So, no ......ury J Zinat Ara J Tofail Ahmed alias Joseph………Petitioner Vs. State ………………………………… …….Opposite Party Judgment February 11, 2004. Cases Referred to- Nazrul Islam alias Montu Vs. State, 4 BLC 273; Nazrul Islam Vs. State, 27 CWN 675; Natabar Gh...... Deputy Attorney-General-For the State. Criminal Revision No. 1200 of 2003. Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑200......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
....m and it cannot be said that the intention of this section is to limit its application to the witnesses only before examination of the accused under section 342 of the Code of Criminal Procedure. The power is available to the court and under section 540 of the Code of Criminal Procedure a court has ......med J Kazi Ali Zahir alias Elin and others........Appellant-Petitioners Vs. State..............................................Opposite Party Judgment April 11, 2004. Cases Referred to- Hemayetuddin @ Auranga Vs. State, 1994 BLD (AD) 9 =46 DLR (AD) 186; Mohiuddin Howlader Vs. St......dated 6‑10‑2003 passed by the learned Judge of the Nari‑O‑Shishu Nirjatan Daman Tribunal No.1, Chandpur in Nari‑O‑Shishu Nirjatan Daman Case No. 24 of 2002 rejecting the application for recalling the prosecution witnesses under section 540 of the Code of Criminal Procedure. 2. The cas...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....rict Magistrate, Natore, on 15‑12Â-2000, copy of which order of cancellation was handed over to his father. It has further been alleged in the application that after the 4‑party Alliance came to power his political enemies became more active and resorted to all sorts of activities using the loc...... Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170. Lawyers ......abir Chowdhury J.- This Rule at the instance of the petitioner Md. Shafiqul Islam Shimul has been issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned Memo No. JM/3-1(Part)/2002/3036 (1....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
....o Court other than the one designated by law can assume or arrogate to itself the jurisdiction it is not invested with.
16. By SRO 124-L/86/SVI/LC-56/83 dated 16-4-86 the Government in exercise of powers conferred under sub-section (1) of section 35 of Industrial Relations Ordinance. 1969 (XXI of......dhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involved:
Md. Khalilur Rahman with Mahbubul Hoque and Afsar Zahan, Adv......der, Advocate — For the Respondent No.3.
AFM Shahid, Deputy Attorney-General — For the Respondent No. 2.
Writ Petition No.1777 of 1993.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo RTU (174) 91/10...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....5 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17Â-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of 1994 accepting the power of attorney allegedly executed by plaintiff Gurupada Chakraborty whereby Md. Arab Ali was appo...... Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to- Anath Bandhu Guha and Sons Ltd. Vs. Babu SS Halder @ SS Dey, 42 DLR (AD) 244. Lawyers Invo......Guha and Sons Ltd. Vs. Babu SS Halder @ SS Dey, reported in 42 DLR (AD) 244. In such view of the matter, the learned Senior Assistant Judge committed no error of law occasioning failure of justice to call for interference by this Court exercising revisional power Linder section 115(1) of the Code of...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....of such price the imported goods would fetch on a sale in the international market between a buyer and seller independent of each other. Sub‑section (7) of section 25 of the Customs Act no doubt, empowers the Government to fix by notification in the official gazette tariff value for the goods impo......Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustaf......ght of 48309.67 Kg. Accordingly, the goods were assessed at the rate of tariff value in force at the time the bill of entry was presented. The order for assessment of customs duty therefore, does not call for any interference. 5. In reply, Mr. Mesbahuddin submits that the very basis of assessment......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....istration is not enough to get the special benefit under the Scheme. Unless the price given by the foreign exporter is approved by the registration authority, the customs authority has got sufficient power to determine the value of the merchandise on the basis of tariff value. 4. The High Court D...... M M Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S. OK International................................Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) Judgment March 19, 2009. Lawyers......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122...Category: Fiscal/Taxation Law | Date: | Hits: 86
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......ul Islam, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the High Court......st the judgment and order dated 30.09.2007 passed in Writ Petition No.1255 of 2005 by a Division Bench of the High Court Division, discharging the Rule. 2. In the Writ Petition the Rule was issued calling upon the respondents to show cause as to why the Memo No. বিঅ/৩৮/১৬৯/৬/(à§......e was misappropriation of fund as well as there was mishandling and forgery in the maintaining of the accounts and accordingly pursuant to a resolution of the school Management Committee taken in its meeting held on 15.02.2004 the Head Master was asked to show cause by a notice dated 15.02.2004 as t..Category: Civil Law | Date: | Hits: 90
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....ant Judge that the application is not acceptable, having been filed after 35 years from the date of the decree, is itself an error of law. The learned Advocate submits that section 152 is an inherent power of the Courts to correct mistakes occurring in the judgments, decrees and orders. In support o......an Ali J Chand Mia and others ..............................Petitioners Vs. MA Rajput Ghosh Bahadur & others.............Opposite Parties Judgment March 11, 2002. Cases Referred to- Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others 29 DLR 81; Chaganty Katar...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
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