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Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....im that the acÂcused persons attacked Kanchan and took him away. He also stated that he found the dead body of KanÂchan in the jungle. In cross-examination he, howevÂer, stated that he did not see any occurrence except the dead body in the jungle. 9. P.W.3 Moklesur Rahman is another eye witnes......als particulars. He said that while P.W. 1 along with deceased Kanchan. P.W.2 and P.W.4 were going towards the Bangla Bazar the accused persons caught hold of Kanchan and started beating him. At that stage he tried to save him but failed. The accused persons took deceased Kanchan towards the house a......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & othÂers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ther the testator had title to the property. On consideration of evidence if it is found that the will is genuine and duly executed, the Court cannot reÂfuse to grant probate of the will. There are many deÂcisions of the High Court Division as well as of the Appellate Division of the Supreme Court......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......he pendency of the aforesaid proÂceeding, the petitioners on 22.11.86 filed an appliÂcation under Order 1, Rule 10 of the Code of Civil Procedure for being added as parties to the aforesaid probate proceeding on the ground that the petitioner No. 1 auction purchased the ease property long ago and ..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of BanglaÂdesh, 1987, 16 CLC (HCD)
....tend that the Writ petitions against the impugned orders are not maintainable, because the said orders were passed in pursuance of the recomÂmendations of a domestic inquiry which was not held under any statutory Rules. The Rules of 1976, and later on the Rules of 1984, were adopted and folÂlowed ...... the Corporation proceeds against its officers and other employees invoking the said Rules, it is estopped from denying those rights and remedies which are contained in the said Rules at a subsequent stage on the ground that it was merely followÂing a working arrangement. We are of the opinion that......d Presidential Order. It is admitÂted that no rules or regulations have been framed by the Government or the Corporation to determine the terms and conditions of service including the discipliÂnary proceedings against the officers and other emÂployees of the Corporation. It is, however, alleged b..Category: Employment/Service Law | Date: | Hits: 80
....1, 1A and 2 regarding the allegation made in the above report published in the above newspaper. The respondent No, 3 being the Director General of Bureau of Anti.Corruption is not supposed to hold any investigation himself. So, the prayer should have been to issue a direction upon the responden......station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empower...... jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in question on the gro..
Category: Anti-Corruption Laws | Date: | Hits: 178
Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)
....greed that the Agent for the vessel at Chittagong would be Simni Shipping Lines Ltd. The vessel duly arrived at Chittagong as per terms and conditions of the said agreement but the buyer did not give any notice to the seller as required under the agreement nor handed over the vessel to the buyer nor......ere in Bangladesh, and the subject-matter of the instant Admiralty Suit i.e. the impounded vessel, is also within the jurisdiction of this court. If the court stays the proceeding of this suit at his stage and allows the arbitration proceeding to continue, the arbitral award given by the Arbitrator ......€”For the Defendant-Petitioners. Admiralty Suit No. 14 of 2001. Judgment KM Hasan J.- These two applications—one for injunction by the plaintiff, restraining the original defendants from proceeding with Arbitration and another for stay of proceeding of the suit in view of Arbitration cl..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....dpur and fell into the water during taking turn seeing the barricade and police came and after seeing the police van following the said jeep the dacoits including the appellants fled away. No name of any of the dacoits was, however, mentioned in the first information report. 3. On the said first ......eep lying in the ditch and accordingly he put his signature in the seizure-list. He has stated that he did not know anything about the occurrence and the Daroga asked him to become a witness. At this stage he was declared hostile and cross-examined by the prosecution and stated that 16 accused- pers......at he failed to consider the alleged crime of dacoity as a serious crime and that he showed indifference and carelessness in conducting investigation not even arranging any Test Identification Parade proceeding and he did his job in a routine manner. It also appears to the Court that no cogent evide..Category: Criminal Law | Date: | Hits: 83
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
.... two brothers. From the evidence on record it is clear that both the brothers have sought for time for supplying necessary papers and from the date on entering upon the reference. None of them raised any disputed regarding extending time and towards the process of making arbitration. It appears that......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......uit as well as the appeal on the question of limitation. Furthermore, in the case of the Government of Bangladesh Vs. Jalaluddin Ahmed reported in 37 DLR (AD) 27 this Court held that when Arbitration proceeding continued beyond 4 months with parties raising no objection, the conclusion is that the p..Category: Property Law | Date: | Hits: 30
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
.... is further stated that the land in question was requisitioned on 23-9-65 and the possession of the same was taken over and handed over to the respondent No. 3 on 19-1-66 and since then nobody raised any objection during the last 33 years and only on 2-10-97 petitioners filed an application before t......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......aid Act and the respondents having not published any gazette notification on payment of full compensation within the period of one year from the date of decision of the Government to acquisition, the proceedings in respect of acquisition of the land shall stand abated on expiry of that period under ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... 12, 1999. Cases Referred To- Atiqullah Khan Masud and others Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity Ltd 1 BLC 433; Corpus Juris Secondum Vol. 21 Para 193;Bengal Immunity Company Ltd Vs. State of Bihar, AIR1955; Carnal Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (1......plication is wholly incompetent, the same cannot be thrown on the question of incompetency and incompetent petition got no right to be proceeded with and the same requires to be buried at the initial stage. 28. The course adopted by the plaintiff-petitioner is impermissible. No litigant got a rig......itioner is impermissible. No litigant got a right to get his affairs settled in the manner he wishes. Every access to Justice must not be misused as a licence to an untenable frivolous and fraudulent proceeding. The arms of law and procedure cannot be stretched to untenable and misconceived proceedi..Category: Property Law | Date: | Hits: 34
....ury J.- On the application filed by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why calling of hartal on 18-4-99 or on any other day thereafter should not be declared to have been made without any lawful authority and i......d only against State action and not to prevent a political organisation or a private citizen from allegedly interfering with that right. Necessarily, we will consider that argument at the appropriate stage. But at the moment what is called for is only to notice that the rights put forward by the pet......eir avocations and, in such a context, the calling for and the holding of ‘bundhs’ ought to be declared illegal. The Court proceeded by first explaining what ‘bundh’ is. It said;
“Before proceeding to consider the constitutional issues sought to be projected before us we think that it i..
Category: Constitutional Law | Date: | Hits: 216
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....Not represented- Respondent No.19-21 (In Civil Appeal No.321 of 2008). Civil Appeal Nos. 319-321 of 2008. (From the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 heard analogous with Company Matter Nos. 5, 10 and 11 of 2008.) Judgment......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......h Court Division considered the provision of Section 46(2) of the 2003 regulations and held as under:- "In light of the above, this Court finds that driven by a misconception of applicable law and proceeding on the wrong premise by relying on the SEC's opinion of 09.12.2007, the BOD of the Bank e..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
.... M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 from the possession of the defendant company, who allegedly took over the said vessel in violation of the order of ad interim injunction pass......ing a separate petition, prayed for an order of temporary injunction to restrain the defendant from taking over the vessel, namely, MV Hemayetuddin M No. 6304 till disposal of the suit. 8. At this stage, in disposing of the petition praying for an order of mandatory injunction for recovery of the......d vessel also left the domain of the plaintiff in spite of such order on the morning of 8th April, 2002. The responsibility for violation of the order of this Court will be considered in the separate proceedings filed by the plaintiff-petitioners under Order XXXIX rule 2(3) of the Code. In this matt..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....le this court directed the parties to maintain status quo. Since as per record Mrs. Parveen Sultana is the allottee of the suit shop and since the present petitioner did not till that time even offer any rent or electricity bill, the contemners; accepted rent from Parveen Sultana and thus did not ac......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......tes– For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 27‑5‑1999 passed by this court i..Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....ry jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance from the senior members of ......2007. 38. In view of what has been stated above, we have no reason to hold otherwise than to come to a conclusion that the question raised by the learned Deputy Attorney-General at the initial stage, as to whether this Court can entertain an application under section 498 of the Code of Crimin......ral having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of the Criminal Procedure Code, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance fr..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....nant under the plaintiff of the SCC Suit. It appears from the objection (Annexure-C) submitted by the plaintiff-petitioner that he claimed that the defendant is a monthly tenant under him and he has many rent receipts showing that the defendant paid monthly rent to him and the SCC suit cannot be sta...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......after, on 21-6-2001 the defendant opposite party submitted an application under section 10 read with section 151 of the Code of Civil Procedure (hereafter referred to as the Code) for staying further proceeding of the suit. The plaintiff-petitioner submitted written objection dated 21-6-2001 against..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....t the accused petitioner did not know about the proÂceeding of the case earlier and he came to know about the proceedings after he was arrested by the police and since none of the witnesses disclose any thing implicating the accused appellant-petitioner the learned Sessions judge, Munshiganj ought ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ....... Mr. Rajat Kanti Chakraborty, learned Advocate appearing for the petitioner, submits that the accused petitioner did not know about the proÂceeding of the case earlier and he came to know about the proceedings after he was arrested by the police and since none of the witnesses disclose any thing i..Category: Criminal Law | Date: | Hits: 36
....ried and they wanted to wait till her elder sister's marriage. But after waiting for a long time the petitioner's parents had him married on 8-12-2003 with one Jannatul Ferdous Silvi. There was never any impropriety or physical intercourse between the petitioner and the comÂplainant. Being enraged ......legations brought in the charge sheet. The petitioner's father was a retired Inspector of Police. whose colleague was the complainant's uncle. There was social contact between the families and at one stage in 2001 there was a proposal of marriage of the petitioner with the complainant Akhi Islam Rum......of discharge and appellate decision but they were not authorised by law to pass the same.
6. Regulation No. 861 has provided adequate provisions that no major punishment shall be awarded except in proceedings in the prescribed form (BP Form No. 164) to ensure fair justice but the provisions in th..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....g to exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as ......ocess of service of notice of surrender upon the occupants to take over possession upon enquiry or investigation forming opinion whether the property is an abandoned property or not and, in the final stage, the formation of opinion for taking over possession of the property must be exhausted before ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....o the petitioners and, as such, the judgment and order passed by the Court of Settlement refusing to release the case property from abandoned list is liable to be declared to have been passed without any lawful authority. Mr. Quddus Sheikh lastly submitted that the property has been included in the ......nlargement and expert advice, since the science of examination of sigÂnature, writing, etc. for determination of similarity through microscopic enlargement has advanced enough and has reached to the stage of accuracy and certainty as well as expertise skill is also available." The petitioner......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....riminal breach of trust attracting sections 406/420 of the Penal Code and there is no written agreement betÂween accused and informant regarding the business of importing powder milk and if there be any tranÂsaction between the parties that might be civil liabiÂlities. He further submits that the......9. PW 1 is informant Md. Amin Mia who said that accused Nazir Ahmed along with his wife used to live in the house of informant as tenant and, as such, a cordial relationship grew amongst them. At one stage accused-petitioner along with his wife wanted money from the informant for doing business of i......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
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