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Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....nder section 9(1), (3) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000. The accused persons pleaded not guilty to the charge and claimed to be tried. 5. At the trial the prosecution examined as many as 6 witnesses, including the informant. These witnesses were cross-examined at length by the de......o enable the Court to get at the truth and to come to a proper conclusion in the matter under enquiry or trial. It thus gives wide powers to the Court to examine any witness as a Court witness at any stage of the case but this discretion has to be exercised with caution and circumspection, consisten...... merit. Communicate the order at once to the Nari‑o-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
.... in Other Suit No. 15 of 1985 filed Miscellaneous case under Order 9 rule 13 CPC on the allegation of suppression and non-service of summons and being unsuccessful filed appeal which was also without any fruit and that on the self-same allegation has filed the instant suit i.e. Other Suit No.14 of 1......tting aside the ex parte decree dated 15-7-1985 passed in Other Suit No.15 of 1985 in the proceeding initiated upon in application under Order 9 rule 13 of the Code or Civil Procedure up to appellate stage on the finding that summons of the said other suit was served on the defendant i.e. the plaint......in refuting the contentions of the petitioner submits that plaintiff petitioner having been unsuccessful in setting aside the ex parte decree dated 15-7-1985 passed in Other Suit No.15 of 1985 in the proceeding initiated upon in application under Order 9 rule 13 of the Code or Civil Procedure up to ..Category: Civil Law | Date: | Hits: 66
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
.... with the only dress of the body. Since then she has been living in her father’s house. The accused subsequently married one Parbati as 2nd wife and has been living with the 2nd wife without taking any news of the complainant and her child. She then filed a petition of complaint under section 4 of......ions of section 342 Cr.P.C. which are as below. “Section 342(1) for the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the court, may, at any stage of any enquiry or trial without previously warning the accused, put such questions to him as t......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....tial plot, construction of community Centre and construction for police station in the case land, which is absolutely vested upon the Government, are made. It is further stated that there will not be any environmental pollution, which can do harm to these petitioners and the petitioners brought the ...... and well‑being of the people of the area. 13. In the circumstances we are inclined to hold that a direction to construct a park in the vacant space known as Lal Math should not be given at this stage as the same involves financial implication and policy of the Government. 14. From the pape......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
....ted 14-6-98, File No.4th/A(12) VAT/Shah Dairy/96/1313 dated 16-6-98 and File No.4th/A(12)2/VAT/Budget/98/3404-7 dated 18-6-98 (Annexure-’F’ series) shall not be declared to have been made without any lawful authority or of no legal effect.
2. Learned Advocate for the petitioner after placing ......d 1st July, 1991 respectively in respect of different provisions of the said Act. Section 3 of the said Act provides for assessment and payment of VAT at the rate of 15% on the import of goods at the stage of import, goods produced in Bangladesh at the stage of making or manufacture, services by the...... the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 72...
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....f appeal. 8. Heard the learned Advocates and perused the impugned order and also we have gone through the provision of Order 23 rule 1 of the Code of Civil Procedure which provides: 23.1 (1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants ......ts that the plaintiff allowed the suit to be proceeded knowing full well about the defect and the trial Court dismissed the suit on contest and there is no provision for withdrawal of the suit at the stage of appeal. 8. Heard the learned Advocates and perused the impugned order and also we have g...... 4. Being aggrieved by the aforesaid judgment and decree the plaintiff petitioner preferred Title Appeal No.52 of 1996 in the court of the learned District Judge, Magura. While the appeal was thus proceeding the plaintiff petitioner being appellant on 12-10-96 filed an application under Order 23 ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....ioner. The learned Additional Attorney General could not overcome the legal provisions mentioned hereinabove in the nomination of the President of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is al......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......ee vide Annexure-D to the writ petition was mala fide and without lawful authority. 5. The High Court Division also observed that the suspension of the writ petitioner as alleged has no bearing in proceeding with the writ petition. 6. It appears from the appointment of the first Ad-hoc Govern..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... names of the 292 examinees including the petitioners in 23rd BCS (Special) Examination, 2000 qualified in all previous written examinations for appearance in the Viva-Voce Examination without giving any valid reason whatsoever. 3. The petitioners are bona fide citizens of Bangladesh and as exami......ates with their application Forms provide what documents they are required to submit with their application Forms. and paragraph No.23 provides that candidature of an applicant may be rejected at any stage of the recruitment process if any fault or defect whatsoever be detected. Under Rule 7(1) of B......opportunity to appear at the Viva-Voce Examination on various false and baseless grounds are clearly malafide and without lawful authority. The respondent No. 1 PSC failed to ensure fairness in the proceeding in excluding the petitioners from Viva-Voce Examinations in which they had a right to be ..Category: Employment/Service Law | Date: | Hits: 134
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....transferred by the letter dated 4-21990 to Khulna Branch. He made a representation to the authority to cancel that order of transfer on the ground of his ill health and requested to transfer him to any other branch of the Bank at Tangail or Netrokona or Kishoregonj. But the authority did not pay h...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......k and on 7-3-1990 he was released from the Mymensingh Branch for joining in his new place of posting; but he did not join there. Thus, he remained absent from duty for long without leave. At this a proceeding was drawn against him wherein charge was framed for negligence of duty, misconduct and in..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....bub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ...... mortgage suit. Thereby it has given the petitioner company ample opportunity to resolve the dispute with the respondent bank within the ambit of the said Ain, 2003 even after conclusion of execution proceeding. Accordingly, the learned Advocate prays that the present Rule having had no merit for co..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....y a margin of 23 votes out of 1734 votes cast. Upon such view, the revision Court reversed the order of the Election Tribunal for recount. 14. I have also examined the record. I could not find any mistake in the above findings of the revision Court. The revision Court was however, wrong in fi...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ...... 19. Old section 115 of the Code of Civil Procedure has been amended by Act XXIX of 2003. Sub-section (2) of section 115 of the Code now empowers the District Judge to call for record of any suit or proceeding, in which order has been passed by a Court of Joint District Judge or Senior Assistant Ju..Category: Election Law | Date: | Hits: 99
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....eed was registered on 12-7-1999. The pre-emptor opposite party No.1 earlier filed pre-emption Miscellaneous Case No. 32 of 1999 in the Civil Court concerned, but that was dismissed for not taking any steps. The case of the pre-emptor is bad for defect of parties. The pre-emptor is not a co share...... bainapatra dated 612-1995 within the knowledge of the pre-emptor. The pre- emptees erected a structure on the land and they spent a sum of Taka 2,50,000 for improvementof the same. At a subsequent stage, the sale deed was registered on 12-7-1999. The pre-emptor opposite party No.1 earlier filed......that there is no provision under section 24 of the Non Agricultural Tenancy Act, unlike section 96 of the State Acquisition and Tenancy Act to make other co-sharer tenants of the holding party to the proceeding. It has been further held under section 24 of the Non Agricultural Tenancy Act, that apar..Category: Property Law | Date: | Hits: 39
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....asiruddin Howlader and others reported in 54 DLR 515. Further, he submitted that in a suit for partition injunction is tenable when the suit property is in danger of being damaged or wasted. But when any development is made generally injunction is not tenable. In this respect he has relied on the ca......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......d a petition under Order XXXIX, rule 1 of the Code of Civil Procedure praying for ad interim injunction restraining the defendants from changing the nature and character of the suit property and from proceeding with the construction work. The present appellant along with others appeared and conteste..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....cter. 2. The plaintiffs instituted Other Class Suit No. 2 of 1982, in the Court of Assistant Judge, Fatikchari, Chittagong for permanent injunction restraining defendant Nos. 1-11 from passing any scheme or from giving effect to the same for blocking the stream of Balukhali khal or its feedin......wer appellate Court erroneously found that the suit was barred under section 91 of the Local Government Ordinance, 1976, although the contesting defendants did not raise such objection at the initial stage of the suit and, as such, the trial Court found that at the hearing of the suit no such object...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
.... section 19A and 19(f) of the Arms Act against the appellant which was read over to him and to which he pleaded not guilty and claimed to be tried. 4. In this case the prosecution examined as many as 11 witnesses out of 15 charge sheeted witnesses and the defence examined none. On closing of ...... witness. He stated that he does not know about the occurrence. He was taken to Thana where he put his signature in the seizure list marked as Exhibit 1 and his signature therein Exhibit 1/1. At this stage prosecution declared him hostile and cross-examined. In his cross-examination by the prosecu......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....im was raped before being suffocated to death by the condemned prisoner. The informant lodged the First Information Report (FIR) with Shailakupa Police Station at 9-35 AM on 16-10-1999 without naming anyone as accused. 3. During investigation accused Roushan Mondal was arrested. He made a confess......ncerning a child cannot be tried by the Juvenile Court. On the question of challenge to jurisdiction on the ground of age, we note that in the instant case the issue of age was raised at the earliest stage and the learned Judge found the accused to be a minor. 23. The question of jurisdiction ......other words, it must first be established that the accused person is one who is within the jurisdiction of the Court to be tried. As a matter of fact, the very first question to be ascertained before proceeding with the trial is, whether the accused has the capacity to be tried. This aspect is gener..Category: Criminal Law | Date: | Hits: 167
....ive but ultimately they were allowed to sit for "Referred" examination in the above subject held on 18-10-2002. The result of the said examination of the petitioners was kept withheld without showing any cause whatsoever. After a long slumber of months a notice of "show cause" was served upon the pe......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
......nduct committed by an examinee. As a matter of general principle, a Court of law does not like to interfere in the matter of imposition of punishment by the University Authority pursuant to its legal proceeding against an incumbent. But this Court will not go slow in exercising its jurisdiction unde..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....ch other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner was initially appointed on 26-1-1977 as Bag Checker worker under the respondent No. 2 company and thereafter he was promoted to the post of Harakal helper. The petitioner being a Trade Union......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......quiry Committee. He crossexamined witnesses of the respondent No. 2 Company. He also examined 2 witnesses on his behalf including himself. The petitioner put his signature in all the documents of the proceedings before the Enquiry Committee and the allegations raised against the petitioner was prove..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....r. Mahmudul Hoque, the learned Advocate appearing for the defendant-petitioner, submits that the impugned order dated 20-7-2003 is a non speaking order and the learned trial Court without assigning any reason whatsoever allowed the application in a summary manner which is illegal and beyond the ......mage to the petrol pump business of the instant defendant-opposite party No. 1. 4. After filing of the written statement dated 27-7-1997 the trial of the suit started and thereafter at the belated stage the defendant-opposite party No. 1 filed the additional written statement on 10-4-2003 stati......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....hose competent witnesses, having no reason whatsoever to depose falsely against the appellants. The defence extensively cross examined them but nothing could be elicited to shake their credibility in any manner whatsoever. So the same are invulnerable to the credibility. 39. From evidence on rec......of the deceased, deposed that his father went for fishing in the pond wherein he was murdered, accused Fazar Ali and other accused resisted his father. He cannot say who assaulted his father. At this stage he was declared hostile by the prosecution. In cross examination by the prosecution he stated ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
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