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Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... the Court below for defending the accused-petitioner, during his abscondence, had rightly appointed a State defence lawyer but the learned State defence lawyer did not discharge his responsibilities properly, rather he played a shirking role only by adopting the cross-examinations of the PWs done o......mant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnes...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....har Case No. 5 of‑2003 now pending, in the Divisional Druta Bichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the......ase is also Reported in: 56 DLR (2004) 607.......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule is that on 20‑6‑04 at 15.3......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....rest, namely, keeping the only International Airport of the country clean, tidy and up to international standard. Previous experience has shown that it is not possible for the Authority to maintain proper cleanliness by engaging daily basis workers like the petitioners and that engaging a private ...... Ed. This Case is also Reported in: 56 DLR (2004) 595.......ud with Kazi Zinat Haque, Advocates ‑ For the Petitioners. Abdur Razzaq, Advocate ‑ For the Respondents. Writ Petition No. 1344 of 2002. Judgment Zinat Ara J. - This Rule is about the legality of the two tender notices published in the Daily "Dinkal" on 2‑2‑2002 and 27‑2‑2002..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....s aforesaid Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bangla Shipping Lines. The plaintiff mortgaged her property covered by said deed as security of the loans advanced to the companies in 1987. On 17‑11...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......tion with Coast Marine Line Ltd. He saw the signature on the Memorandum of deposit of title deed and that was not the signature of his wife. That was created by the bank. The bank withheld the deed illegally. They suffered heavy loss for want of the deed. He could not do business nor develop the lan..Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....ish Law that a person upon whom "a felonious attack is first made is not obliged to retreat, but may pursue the felon till he finds himself out of danger, yet if the felon be killed after he has been properly secured and when the apprehension of danger has ceased, such killing be murder- though perh......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn...... Nishi Kanta Jha Vs. State of Bihar, A 1969 SC 422 and our Appellate Division in State Vs. Lalu Mia, 39 DLR (AD) 117. We find no reason to depart from the principles of law as above in the absence of legal evidence to contradict the portion of the confession, which supports the defence. We also find..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....d 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limited and No. 2 Mahmudur Rahman (respondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother,......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made...... 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No. 27 of 2000 rejecting the plaint should not be declared to have been passed without lawful authority and of no legal effect and why respondent No. 1 should not be directed to issue summons/notice of said bankrup..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....d for. He further submits that the leave petitioner has the forum to vindicate his grievances even after the election before the Election Tribunal and that the impugned judgment and order is based on proper interpretation of section 9(2) (ga) of the Local Government City Corporation Election Ain, ...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......f Councilor from Ward No.2, Narayangonj City Corporation, Narayangonj before the Deputy Election Commissioner and Returning Officer, Narayangonj City Corporation Election-2011 after observing all the legal formalities. On 4-10-2011, his nomination paper was rejected on scrutiny by the Deputy Electio..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....petition of complaint. 12. Having considered the submission of the learned Counsel for the petitioner and the impugned judgment of the High Court Division, we find that the High Court Division has properly considered the relevant issues and there is no illegality in discharging the Rules. Ther...... J Syed Mahmud Hossain J Md. Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Rashedul Alam Chowdhury......................................Petitioner Vs. ASM Shahajahan and another................................Respondents Judgment October 17, 2011. Result...... same for "insufficiency of fund". The respondent informed the petitioner about the dishonour of the cheques but did not receive any staisfactory answer. The respondent No.1 through his lawyer served legal notice dated 14-6-2007 upon the petitioner but instead of replying to the notice the petitione..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........o barred by Order VII rule 11 (d) of the Code of Civil Procedure. Defendant No.1 did not make the disputed gifts in accordance with the deed of lease and, as such, both the oral gifts do not have any legal effect and for this reason the suit is liable to be dismissed. The suit property was leased ou..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....red that the word 'Government' has not been defined either in the enactments under consideration or in the Constitution. The definition of 'Government' in the General Clauses Act is again not a proper definition but a description of the Government of Bangladesh. 4. If we refer to the cont......, 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....ment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of 2002 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, are:
The petitioners were......also Reported in: 62 DLR (HCD) (2010) 1.
......6 terminated employees had preferred Writ Petitions against the said order of termination. A Division Bench of this Court passed a common Judgment on 26-8-2003 declaring the order of termination as illegal and void. Against the same Judgment BJMC preferred Civil Petitions for Leave to Appeal Nos.354..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......h, an application under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as the Act) is misconceived and not maintainable in law but both the Courts below overlooking this legal aspect of the case allowed the case illegally and the same has caused an error of law resultin..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....g to SA khatian Nos. 196 and 197. Such record of rights was published sometime it, 1964. On the basis of such record of rights the plaintiff possessed the suit land exclusively on payment of rents on proper receipt Exhibit 8 series. Similarly tinder the RS survey the suit land was again recorded in ......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......nd, on 9‑1‑92 defendant Nos. 1 to 8 dispossessed him therefrom. Hence, the suit. During the proceeding of the suit, on 10‑4‑96 Obaidul Islam died leaving the present plaintiffs as his only legal representatives. 7. Defendant No. 14 contested the suit by filing a written statement denyi..Category: Property Law | Date: | Hits: 85
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....e kabala. The petitioners having not executed the document suspicion arose in the mind of the complainant and on inquiry it was found that the petitioners have no right, title and interest in the property agreed to be sold and it appeared that the petitioners intentionally and fraudulently ind......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and another Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal...... a convicted person in appeal or in revision. A Revisional application is moved under section 435 read with section 439 of the Code of Criminal Procedure. Under section 435 this Court is to see the legality or propriety of any finding, or to see the regularity of any proceeding of such inferior Co..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....he baggage and the other one remains with the passenger or the crew and the baggages are delivered after comparing both the parts of the tag. This is the system everywhere and that was introduced for proper identification of the baggage. Here in The present case before us P.W.1 admitted that the ech...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......e argued that the offences punishable under section 156 of the Customs Act which is not in the schedule to the Special Powers Act is not triable by the Special Tribunal but the Special Tribunal illegally took cognizance of the offence under section 156 of the Customs Act and also framed charge..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....application for deposit arc true or false. The object in accepting such rent is to furnish evidence of tender as kept by the office of the Controller in order to decide the question of default in a properly constituted suit. In this view of the matter, the deposit of rent in the Office of the Co...... Moqbul Ahmed, Advocate - For the Respondent. Appeal from Appellate Decree No. 482 of 1975. Judgment AM Mahmudur Rahman J.- This appeal by the plaintiff is directed against the judgment and decree passed by the learned Subordinate Judge, Third Court, Chittagong in other Appeal No.3...... Article 4 of the President’s Order no.12 of 1972 reads as: “Notwithstanding anything contained in any other law for time being in force, in computing the period of limitation describe for any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day ..Category: Property Law | Date: | Hits: 66
.....
5. Thereafter it is the case of the respondent No.2 that he received back the complaint case from the Labour Court at Khulna on 21.5.84, but before he could come to Dhaka to file the case in the proper Court he fell ill on 22.5.84 and did not fully recover before 13.6.84. The respondent No.2 ca......Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai...... the respondent No.2 guilty of the charge. The petitioner-corporation on the basis of the inquiry report directed the respondent No.2 to refund the amount of Tk. 12,032/- within 15.2.83 failing which legal action would be taken against him. It was contended by the petitioner-corporation that the ord..
Category: Labour and Industrial Law | Date: | Hits: 166
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
.... 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her from her mother Rabiya Khat......er. Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. Civil Revision No. 821 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Cour......992. 2. The petitioner as plaintiff instituted Partition Suit No.128 of 1984 in the Second Court of Subordinate Judge Comilla, for partition of the suit properties and to allot her a saham for her legal share inherited by her from her mother Rabiya Khatun. 3. The defendant Nos. 12-18 contested..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ...... Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. ......ling upon the respondents to show cause as to why the impugned order vide Annexure-1 issued by the government should not be declared to have been made and or passed without lawful authority and of no legal effect. It is stated in the writ petition that the petitioner is an Ex-Mujibnagar employee...Category: Administrative Law | Date: | Hits: 183
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