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State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....desh in 2000. He was living with his father and mother in their residence at Sewrapara but in the separate mess. One Helal is the friend of deceased Tipu and accused Zakaria is the distant brother-in-law of Helal. Accused Zakaria became known to Tipu through his friend Helal. Zakaria is a Kabiraj wh......………………..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD......udge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43/91 directing P.W.2 of the case to pay compensation of Tk. 20,000.00 to the accused of the case and directing the Magistrate concerned to proceed against informant (P.W.1) and P.W.2 a seizure list...... ‑ For the Petitioner. Md. Mostafa, Assistant Attorney‑General ‑ For the State. Criminal Revision No.1985 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43..Category: Criminal Law | Date: | Hits: 72
.... possession, the plaintiff petitioner could take recourse as per Civil Procedure Code for getting possession of the suit property in a competent Court. Avoiding the same which is the proper course of law, this present application has been filed.
4. Thereafter, in our view, there is no scope to ......ammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents
Judgment......s decree was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit pr..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....en to Fourth Court of Subordinate Judge, Dhaka and no notices of any transfer before 29.11.1999 had ever been served upon Defendants-Petitioners and both the Courts below committed a serious error of law holding that Petitioners had knowledge of the suit and by that error a failure of Justice has be......d by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......ndicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been served. Nineteenth Defendant, also, breathed his last and heirs had been substituted as Defendant Nos. 19(ka)-19(Ja) and order dated 7.10.1992 demonstrates that, summons upon substituted Defendants 19(kha)-19(Ja) had been..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... post amongst the Officers in the Secretariat of the Ministry, and as such if there be any allegation as to eligibility, against holding of the post and also us being not appointed in accordance with law, the same requires to be looked into and that the petitioner also described himself as a practic......Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment Febr......dvocate appearing for the Respondent No.5 objecting to the Rule on the issues of maintainability and the locus standi of the writ petitioner in the instant case and we hold that the application is in order and the petitioner has locus standi to challenge the holding of the office of Secretary-in-Cha..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....dgment Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as fol......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J BRAC Printers…………………Petitioner Vs. Chairman; First Labour Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 20......tion of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....stry of Agriculture directed BADC to implement the Service Regulations of 1990 cancelling the temporary provision of promotion based on viva-voce examination which was declared not in accordance with law. The Ministry of Agriculture directed BADC to consider promoting all concerned officials on the ......Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Md. Abdur Rouf……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment August 7, 2005. Result: The Rule is ......to implement the recommendation of the committee dated 23.11.2002 fixing the seniority of the petitioner in the gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the pe..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....d to keep it pending for consideration at the time of hearing of the suit. 9. Mr. Abdul Quddus Miah, the learned Advocate for the petitioners submits that the learned Joint District Judge erred in law in rejecting the application for impleading the parties and the petition for amendment of the pl......municate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ...... of 2003. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
.... of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not be declared illegal and having been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that the ......vision (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shamsul Haque……………………………………Petitioner Vs. Court of Settlement and others………………………………..Respondents Judgment June 26, 1996. Result:......Advocate ‑ For Respondent No.4. Writ Petition No.3 of 1988. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Judgment and order dated 7‑10‑87 passed by the respondent No.1 in Settlement Case No.526 of 1987 (Ka‑1005..Category: Property Law | Date: | Hits: 107
....e respondents in not mutating the names of the petitioners in the record of rights in respect of demised premises of 156 and 157 Motijheel Commercial Area, Dhaka is declared to have been done without lawful authority and is of no legal effect. The respondents are directed to mutate the names of the ...... also Reported in:49 DLR (HCD) (1997) 467.
......he Government. On the application of the petitioners the respondent No.1 by the letter dated 2‑8‑87 asked the petitioners to submit certain papers and documents as mentioned in the said letter in order to consider their application for mutation. As per letter of respondent No.1, the petitioners ..
Category: Property Law | Date: | Hits: 119
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....iting expert for examination and comparison with the admitted specimen signature of the accused‑appellant and for that purpose the case may be sent to the trial Court for retrial in accordance with law. 11. Of the 10 P.Ws., examined in this case, P.W.1 Md. Jashimuddin SI of Police attached to T......low at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......For the Appellant. M.A. Hafiz, Assistant Attorney‑General ‑ For the State. Criminal Appeal No. 866 of 1994. Judgment MM Ruhul Amin J.- This appeal is directed against the Judgment and order of conviction and sentence dated 26‑5‑94 passed by the learned Additional Sessions Judge a..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
....as registered as Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. ......0. Judgment Md. Rezaul Haque J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the Judgment and order of conviction and sentence dated 24-11-2010 passed in Special Tribunal Case No.18 of 2005,...... Judgment Md. Rezaul Haque J.- On an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the Judgment and order of conviction and sentence dated 24-11-2010 passed in Special Tribunal Case No.18 of 2005, ari..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....ion 2 of the said Ain the words প্রলুব্ধকরিয়া বা ফুসলাইয়া have not been defined. Section 361 of the Penal Code has defined the offence of kidnapping from lawful guardianship of a minor or a person of unsound mind and has used the word "Entices" in that s......y‑General ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhir......General ‑ For the State. Criminal Appeal No.241 of 1998. Judgment Kazi Ebadul Haque J.- This appeal at the instance of the convict Md. Shafiqul Islam is directed against judgment and order dated 20‑1‑1998 passed by the Nari‑O‑Shishu Nirjatan Daman Bishesh Adalat, Satkhira in..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....pecial legislation setting up a special Court the remedies will follow as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law." 18. And their Lordships in the Appellate Division dismissed the said appeal and thereby mai......orted in: 50 DLR (HCD) (1998) 623. ...... Kazi AT Manowaruddin J.- These 3 Rules have been heard together as the main point for consideration in these Rules is, whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat. 2. In Civil Revision No.3542 of 1994 the petitioner Iftekhar Af..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....ndment, other materials on record and given my anxious consideration to their submissions. 11. Now the question calls for consideration whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord......rmation and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......ite party Nos.1-8, 11-14, 16, 17, 29-31, 34-37, 60-67. Civil Revision No. 3550 of 2004. Judgment Syed Md. Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 24-06-2004 passed by the learned District Judge, Manikganj, in Title Appeal No.81 of 198..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....nsel then they found that accused namely Nesaruddin Mallick, Jahangir Mallick, Mosharaf Bepari, Selina Khatun, Kana Musa @ Moslem and Kalu Sheikh being armed with leza, Sarki, dao etc. forming an unlawful assembly forcibly entered into the char land situated at the eastern side of Tobna River appe....... This Case is also Reported in: 7 LG (HCD) (2010) 289. ......Mallick, (2) Jahangir Mallick, (3) Mosharaf Hossain @ Mosharaf Hossain Bepari, (4) Kalu Sheikh alias Abul Kalam and (5) Kana Musa alias Moslem Sheikh have challenged the propriety of the Judgment and order dated 13.3.1991 passed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 c..Category: Criminal Law | Date: | Hits: 78
....iction of Courts
The jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to the litigation or of their lawyers…………(21)
Cases Referred to-
Bangladesh Chemical Industries Corporatio......oma, 73102, United States of America……………Award-holder-Petitioner
Vs.
Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party
Judgment
June 7, 2010.
Result:
......ner.
Tufailur Rahman with Ms. Umme Salma, Advocates - For the opposite party No.2.
Civil Revision No.120 of 2009.
Judgment
Sheikh Abdul Awal J.- This Rule calls in question an order No.17 dated 27.08.2008 passed by the Court of District Judge, Dhaka in Money Execution Case No..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....the Bank under section 34(1) of the Artha Rin Adalat Ain, 2003 for issuance of warrant of arrest against the judgment-debtors and contending that Md. Harunur Rashid, Senior Officer of the Bank had no lawful authority to file the application on behalf of the decree-holder Bank and therefore, the appl......ivision (Special Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser Md. Dabirush Shan J Manik K Bhattacherjee………………………Petitioner Vs. Artha Rin Adalat and other…………………………Respondent Judgment May 30, 2010. Result: The R......ophone, a loan defaulter, to Bangladesh Bank and it was included in the CIB report of Bangladesh Bank. Therefore, the petitioner filed Writ Petition No.8921 of 2005 in which a Rule was issued with an order of stay of the operation of the CIB report. The Managing Director of Gonophone filed Company M..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....per declaration of Table (invoice value) Invoice Value being No.PMK-020/2010 dated 14-8-2010 (as contained in Annexure-"D" to the writ petition) should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Briefly the facts of the case, are that the petiti......……………………Petitioner Vs. Government of Bangladesh…………………………Respondents Judgment January 1, 2011. Result: The Rule is disposed of with observation and direction. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. ...... petitioner filed this writ petition and the vacation bench of this Court directed to release the goods upon receiving the duties as per invoice value. But the respondent without considering the said order of this Court pending the same which is not permissible but the learned Advocate of the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 151
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....ong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concurrently. 2. The case arose out of a first information report......…………Respondent Judgment January 16, 2011. Result: The appeal is allowed. Jail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (......………Respondent Judgment January 16, 2011. Result: The appeal is allowed. Jail Appeal No.555 of 2007. Judgment M Moazzam Husain J.- This appeal arises out of a judgment and order dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole..Category: Criminal Law | Date: | Hits: 84
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