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Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......ere merely speculaÂtive and also not existent calling for injunction. No other points urged and all the points having been found against the petitioner, I find no substance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby va......¦â€¦â€¦â€¦â€¦Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986. Result: The Rule is discharged. Cases Referred to- Attorney-General Vs. Ashbowene RC, (1903) I Chancery 101; Devonport Corporation Vs. Tozer, (...... 4. Heard the learned Advocate Mr. Amjad Hossain, perused the application and the relevant deciÂsions cited at the Bar. The learned Advocate submitÂted that the Courts below committed an error of law in not granting a temporary injunction in a suit for permanent injunction in spite of the findin..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....consider that there cannot be an auto cancellation of Declaration for a newspaper. Mr. Oli Ahad was never served with any show cause notice by the government which is the basic requirement of natural justice. (vii) The Board, for reasons best known to it, failed to consider the fact that there ar...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......ress Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule is discharged. Cases Referred to- R Vs. Legal Aid Committee No.1 ex-parte Rondel, 1967 2 QB 482; Lloyd Vs. Blassey, 1969 2 WLR ......order dated 27.07.2011 (Annexure-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..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......his confessional statement. 6. After conclusion of trial, the learned Additional Sessions Judge found the appellant and two others guilty of offence under sections 302 and 34 of the Penal Code and accordingly pronounced his judgment on 3.2.1990 convicting and sentencing them as aforesaid, while a......………………………Respondent Judgment April 17, 2011. Result: The appeal is dismissed. Lawyers Involved: No one appears - For the Appellant. Ms. Promila Biswas, Deputy Attorney General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. Ruhul Qud......e previous day and was admitted in the hospital. Finding him as Officer-in-charge of Gournadi Police Station, the appellant made allegation that on the previous day after evening he and his mother-in-law Rabeya Begum went to the house of one Habibur Rahman Kha of the same village to bring a via-deed..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......…………………Petitioner Vs. Md. Fazlul Haque and others……………………Opposite Parties Judgment April 2, 2012. Result: The Rule is made absolute. Cases Referred to- 6 BLD 315; 25 DLR 331; 22 DLR 502; Md. Monzur Alam Vs. The State and another, 11 BLT (AD) 156......l suit in relation to same subject matter. Each case is to be decided on its own merit. It has been settled in number of cases that indefinite postponement of a criminal case is against the policy of law. When there is no time-limit for disposal of the miscellaneous cases, stay of the instant crimin..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......the appellant guilty and passed the impugned judgment and order of conviction and sentence treating it at per with other simple cases of wife killing. 7. The learned Advocate further submits that according to Medical Jurisprudence and Toxicology, asphyxia exposes some physical indications over a......……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 Vs. The State, 1 MLR (HC) 205; State......of the appellant had recorded Unnatural Death Case No.9 of 1992 dated 11.5.1992 stating that while he was going to Gaibandha for shopping at about 11 hours, received an information that his sister-in-law Najmun Nahar Lucky (appellant’s wife) became seriously ill. He returned home and saw her in a ..Category: Criminal Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment January 8, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears - For the Appellant. Ms. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No.2962 of 2002. Judgment Md. Ruhul Qu......h is directed to surrender before the trial Court to serve out the remaining period of sentence within one month from receipt of this judgment by the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agre..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......d not fulfill the illegal demand of police. After conclusion of trial, learned Judge of the Special Tribunal found the appellant guilty of offence under section 25 B (2) of the Special Powers Act and accordingly pronounced the judgment and order of conviction and sentence dated 31.7.2002, as stated ......s J Md. Haider Alam……………………Appellant Vs. The State……………………Respondent Judgment January 10, 2012. Result: The appeal is dismissed. Cases Referred to- Mohiuddin Vs. State, 61 DLR 36; Kashem Vs. State, 54 DLR 212; Billal Miah Vs. State, 9 MLR 42......r Police Station Case No.16 dated 24.6.2001 under section 25B of the Special Powers Act and after investigation submitted charge sheet on 5.9.2001 against the sole appellant under the said section of law. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Rajshahi, wh..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized from him, while he was arrested in connection with the case. 2. Facts leading to this appeal, in brief, are that the police arrested the appellant as a suspect in the above case ......ove, we find substance in submissions of learned Advocate for the appellant. Learned Judge of the Tribunal appears to have committed wrong in rejecting the appellant’s application for returning his lawful articles and as such the impugned order should not sustain in law. 6. Accordingly, the ap..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Kumar Sarker Vs. State, 40 DLR (AD) 139]. 25. Learned Sessions Judge considered and discussed each and every piece of evidence and found the appellant guilty of offence of murder of the victim and accordingly sentenced him for life with fine. We do not find any illegality in the judgment and ord...... Md. Saiful Islam alias Maznu…………………Appellant Vs. The State…………………Respondent Judgment May 27, 2012. Result: The appeal is dismissed. Cases Referred to- Sudhir Kumar Das alias Khudi Vs. The State, 60 DLR 261; Shah Alam Vs. The State, 5 BLC 492; G......leave the house at once. Seeing them very arrogant, the informant left the house. He informed about the occurrence to the appellant’s uncle and thereafter, rushed to the house of his another son-in-law Quddus at village Charnagarbari. He went to Palima Bus-stand therefrom and came to know that his..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 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: ......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: ...... J Sahajahan and others…………………Petitioners Vs. The State…………………Opposite party Judgment June 19, 2012. Result: The Rule is discharged. Case Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 6. Lawyers Involved: No one appears - For the Petiti......ormant Mirza Abdullah, a Sub-Inspector of Police lodged an ejahar with Fatullah Police Station, Narayangonj on 10.2.1988 alleging, inter alia, that he along with forces was on petrol duty to maintain law and order during the ongoing Union Parisad election in different polling centers. At about 9.30 ..Category: Criminal Law | Date: | Hits: 124
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: ......rted the prosecution case. As the accused persons were absconding, the prosecution witnesses were not cross-examined. After conclusion of trial, the trying Magistrate found the petitioners guilty and accordingly convicted and sentenced them by judgment and order dated 30.12.1991 as aforesaid. Agains......¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment June 6, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioners. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the opposite party. Criminal Revision No.1374 of 1992. Judgment Md. Ru......and proceeded with trial. 4. Prosecution examined five witnesses in support of its case. Of them P.Ws.1, 2 and 3 Makbul Hossain, Jinnaten Nesa and Jahirul Haque were the son, widow and brother-in-law respectively of the informant. P.Ws.4-5 Dr. Abdul Kader and Chand Badsha respectively were two l..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: ......y examined. 9. It further appears from order dated 28.11.1989 that the Public Prosecutor reported to the trial Court that co-accused Garib Hussain had died, whereas order dated 4.2.1990 shows that according to a police report, the said Garib Hussain was still alive. This inquiry took only 67 days......u Mia and others………………Petitioners Vs. The State and another…………………Opposite parties Judgment June 3, 2012. Result: The Rule is discharged. Case Referred to- Abdul Wadud Vs. State, 48 DLR (AD) 6. Lawyers Involved: No one appears - For the Petiti......oceedings for non-conclusion of trial within the time-limit under section 339C (4) has been repealed. Now any criminal proceedings though initiated earlier, will be governed by the amended procedural law. 8. We have considered the submissions of learned Assistant Attorney General, perused the rec..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....alt with by the Domestic TribuÂnal and the scope of re-assessment of the eviÂdence by a Court is very narrow. No case has been made out that the charges are so vague that have led to miscarriage of justice." It was observed: "It is a well settled proposition that the Court will be slow in in......mplaint case under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 alleging that the employer-petitioner asked him to show cause against a charge of misconduct and the worker accordingly showed cause on 27.11.83 denyÂing the charge. Thereafter he was asked to appear in pers......: 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 absolute. Cases Referred to- Bikash Ranjan Das ......enquiry committee found him guilty. The employer after considering the report and the facts and circumstances, of the case accepted the reÂport and dismissed the respondent No.2 in accorÂdance with law. 4. The learned Labour Court examined witnessÂes for the respondent No.2 including himself a..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can CompaÂny 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 efÂfect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......onsideration of the materials on record we hold that the order of the learned Labour Court in allowing the aforesaid I.D. Case was withÂout lawful authority and is of no legal effect. The Rule is accordingly, made absolute without any order as to costs. The impugned order was passed without any ......d. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can CompaÂny Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made absolute. Cases Referred to- Manager, Azizuddin......to show cause as to why the decision 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 lawÂful authority and is of no legal effect. 2. The facts leading to this Rule is that reÂspond..Category: Labour and Industrial Law | Date: | Hits: 268
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....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. ......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. ......¦â€¦â€¦â€¦â€¦Opposite-Party Judgment March 17, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shamsul Haque, Advocate—For the Petitioner. MU Ahmed, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No.1966 of 1999. Judgment Md. A......re is no ingredients of the offence under sections 406/420 of the Penal Code against the accused-petitioner and, as such, continuation of the proceeding being an abuse of the process of the court and law the same is liable to be quashed. 4. We have heard the learned Advocate for the accused-petit..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....rofessor for twenty–three months the respondents were not authorised either to demote or reduce him in rank or pay without notice or proceeding, which is clear violation of the principle of natural justice. 6. Opposing the Rule, respondent No.4, Acting Principal of the College has filed an Aff...... 7200‑260x14‑10840 as an Assistant Professor and/or the respondent No.2 is empowered to place the petitioner in the scale of Taka 6150‑250x16‑9750 meant for a Lecturer. 11. It is true that according to Rule 7.6 of the Salary and Benefit of the Government portion of the Non-Government Coll......………………..Respondents Judgment April 28, 2003. Result: The Rule is made absolute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-General with Farah Mahbub, Assistant Attorney-General—For Respondent No.1. Sk Yead Ali f...... Rule Nisi was issued calling 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 jo..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. ......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. ......- For the Petitioners. Md. Khurshid Alam Khan, Advocate - For the Respondent No. 2. Writ Petition No.914 of 2011. Judgment SM Emdadul Hoque J.- This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 unde......y the proceedings of Bangladesh Labour Law (Criminal) 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, ..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. ......nexure-D) indicating that the President of the Society issued the aforesaid order? "31st December 2003" in place of 31st December, 2002 in the previously issued order dated 4-11-2001 (Annexure-A) and according to the petitioners takÂing advantage of issuance of the said order the election scheduled......¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Result: The Rule is made absolute in part. Case Referred to- Bangladesh Co-operatives Insurance Ltd. Vs. Md. AbdulKhaleque Khan, 4 BLC (AD) 136. Lawyer......he election scheduled to take place in the Annual General Meeting was abruptly stopped and that issuance of the order Annexure-D and resultant action of the respondents stopping election being done unlawfulÂly the petitioners moved this Court and obtained the Rule. 3. In support of the Rule SM M..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.......n intended to be given by the learned advocate that would give rise to anomaly, which would result in absurdity, which cannot be accepted. The expression "or by any other device" used in the section, according to us, means that any person who offers in connection with any business or sale of any com...... Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Court issued a Rule and enlarged them on ad-Âinterim anticipatory bail. This Rul......litan 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 accordance with law, the Rules issued on those petitions are liable to be discharged on this point alone. When these..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......cence and false implication. Defence adduced no evidence. 10. Upon consideration of the evidence on record, the trial Court found accused Abdul Majid guilty under section 364 of the Penal Code and accordingly, convicted and sentenced him to suffer rigorous imprisonment for 10 (ten) years and to p......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment June 30, 2003. Result: Criminal Appeal No.2432 of 2000 is dismissed. Cases Referred to- SM Farooque Vs. State, 28 DLR 192; State Vs. Fazal, 39 DLR (AD) 166; Shamsuddin Sarker Vs. St......on except P.W.9, the investigating officer and P.W.6 who was tendered, all were interested witnesses being related to the informant inasmuch as P.Ws.1, 2, 4, 5 and 7 were father, daughter, brother-in-law, uncle, nephew of victim, P.Ws.3 and 8 were neighbours of informant P.W.1. According to him, not..Category: Criminal Law | Date: | Hits: 112