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Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....to the appellant for the trial of the case and thus the accused was completely in the dark about the filing of the case and subsequent proceedings thereof and he had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was he......he appellant for the trial of the case and thus the accused was completely in the dark about the filing of the case and subsequent proceedings thereof and he had also no knowledge or notice about any stage of the case and the submission of charge-sheet. It is further stated that the trial was held i......st the appellant and no proclamation was published giving notice to the appellant for the trial of the case and thus the accused was completely in the dark about the filing of the case and subsequent proceedings thereof and he had also no knowledge or notice about any stage of the case and the submi..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....on case being No. 1245 of 1996 stating, inter alia, that getting information on 15-7-1999 through newspaper namely, 'Ittefaq", that Housing Project namely, Urban Housing and Technical Development Company would sell land of its project adjacent to Rayer Bazar within berry bandh which was approved by ......edure. In other cases, the complainant ought to be examined. The object of an examination is three fold : i) to ascertain facts constituting an offence, ii) to prevent abuse of process resulting in wastage of time of the Court and harassment to the accused and iii) to help the Magistrate to judge if....... 29. The Magistrate takes cognisance under section 190 of the Code of Criminal Procedure. Cognisance means "taking notice of an offence" and would include the intention of initiating judicial proceedings against the offender in respect of the offence or taking steps to see whether there is a..Category: Criminal Law | Date: | Hits: 41
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....s of Civil Court, and the procedure before the tribunal would be same as before an ordinary Civil Court. After quoting the rule 47 and 48 his Lordship has observed- "These provisions imply that if any appeal is provided against the decision of an Election Tribunal, it must lie to a person of auth......egislatures to bring about uniformity between the super structure and infrastructure of an institution. So long this is not done incongruity will remain. The Election Tribunals at the apex (appellate stage) are civil Courts but Election Tribunals at the bottom are not civil Courts. 16. It may be ...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Amir Hossain Vs. State, 1988, 17 CLC (HCD)
....allowed. The order of his conviction and sentence are set aside and he is acquitted of the charge under section 395/397 of the Penal Code and he be set at liberty if not wanted in connection with any other case. The Jail appeal so far as accused Ali Howlader is concerned is allowed and the ord......se. So far as accused appellant Rustom Ali is concerned his appeal is dismissed and the order of his conviction and sentence are affirmed. Ed. This Case is also Reported in: 41 DLR (1989) 32. ......f evidence of a witness within the meaning of section 80 of the Evidence Act and the statements recorded by a Magistrate in the identification report are neither made by a witness in the judicial proceeding nor they are made on oath or affirmation in order to be regarded as evidence within sec..Category: Criminal Law | Date: | Hits: 51
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....er of the suit. 6. The matter, in the instant case relates to addition of a party in a suit under Order (1) Rule 10 of the Code of Civil Procedure. Under Order (1) Rule 10 (2), the court may, at any stage of the proceedings, either upon or without the application of either party, and on such ......tion which has been passed by the court legally causing no error of law. In elaborating this point Mr. Bhuiyan submitted that this application was rightly rejected because it was filed at a belated stage and addition of new party who claims Title, adverse to the plaintiff would introduce a new cau......had been started the defendants attempted to dispossess the plaintiff. Hence the suit. 3. The suit was contested by the Vested Property Authority namely defendant Nos. 1 and 2. At the end of the proceedings, 9.7.88 was fixed for argument and the court having heard the arguments advanced by ..Category: Property Law | Date: | Hits: 39
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
....able by a Special Tribunal under section 26 of the said Act which runs as follows :- "26. Offences under this Act and Certain other Offences to be Tried by Special Tribunals.- (1) Notwithstanding anything contained in the Code or in any other law for he time being in force, the offences specifie......pointed by the Government, who shall be a person who is a Metropolitan Magistrate or a Magistrate of the first class. (3) A Special Tribunal consisting of the Sessions Judge may transfer, at any stage of the trial, any case from one Special Tribunal to another Special Tribunal' within his ses......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....of the Additional Chief Metropolitan Magistrate, Dhaka should not be quashed. In Criminal Revision 232 of 1984, the three petitioners are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the ......e project and he has engaged the fund in the projectile has been stated that by letter E-1195/2036 dated September 13, 1982, the BSRS, informed the accused No. 2 that the BSRS considered the advanced stage of the construction of the vessel and considering increase of expenses involved in the second ......dgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now pending in the Court of the Additional Chief Metropolit..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....dgment-debtor defendant No.1 M/s Saturn Commercial Enterprises (having head office in Dhaka and Branch office in Chittagong. 3. The suit was contested by defendant no. 2 Messrs Ednasa Shipping Company Limited, Hong Kong, defendant No.3 Captain Wong Jinu Kong, the master of the vessel M. V. Lennia......t may for sufficient reasons go on with the hearing, although the evidence of the party having the right to begin has not been concluded, and may also allow either party to produce any witness at any stage of the suit." The High Court Division in the fact and circumstances of the case there being......id order the Bangladesh Shipping Corporation has preferred this appeal. 9. On 28.5.85 Civil Rule 192 (F. M.) of 1986 was obtained by Bangladesh Shipping Corporation from this Court and all further proceedings of the aforesaid Money Execution case was stayed till the disposal of the present Appeal..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
.... (2). The authority may, if it thinks fit appoint an officer or a teacher of the office or department to which the employee (hereinafter called the delinquent) belongs or an officer of or teacher of any other office or department of the University to examine and report on the allegations against hi......the order of suspension was illegal having been passed in derogation of powers under Clause(2) of Statute 15. 11. Mr. Rafiqur Rahman, learned Advocate for the respondent, does not dispute that the stage of suspending a delinquent employee does not arrive until the informal investigation under Cla......e, the highest authority of the University under the University Ordinance and Statutes, decided it appropriate in its meeting held on 17.11.86 that the petitioner should be suspended and disciplinary proceedings should be initiated against him. The impugned order of suspension dated 19.11.86 was pas..Category: Criminal Law | Date: | Hits: 74
Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)
....essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......5 to 27.7.85 and as such 175 days (i.e. more than 150 days) have expired without conclusion of trial of the case and as such it is hit by section 339-C of the Code of Criminal Procedure and hence the proceeding of the case must be stopped and the accused-petitioners should be released. 3. After h..Category: Criminal Law | Date: | Hits: 24
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....h dispossession; that he was a rightful tenant under the defendant and the Collector of the district was the competent authority to grant settlement of the Government khas land and he did not violate any terms of the kabuliyat. 3. The suit was contested by the defendant by filing written statemen......ted for granting the registration licence. But in the instant case Before me the settlement did not reach finality and was not a concluded one creating a right in the plaintiff but it was merely in a stage of proposal. Moreover, several steps taken by the appellant before the higher authority for sa......v.) dated 12-7-57 cancelling previous order dated 22.6.55 and directing the plaintiff to apply afresh to the Divisional Commissioner and Ext. 8 dated 9.1.62 informing cancellation of the settlement proceeding by the Board under Board's Memo No. 2191-A/E dated 2.10.61. He has also considered Exit. ..Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....tention thereof amounting to Tk. 70,00,000/-. 3. The certified copy of the order-sheet shows that the defendants entered appearance on 17.5.82 and they were given time to file a written statement many a time until 3.5.83 when the Court fixed 20.6.83 for written statement "in default for ex parte ......t then moved the Allahabad High Court in revision. The High Court disposed of the, application by allowing the appellant to participate in the proceedings of the suits reserved for judgment, from the stage on which the suits stood on the date fixed for judgment. The appellant then applied to the tri......issioner who took down the said evidence on commission submitted his report. On 15.9.83 upon the petitioner's prayer the exhibits/ documents were kept in the safe custody of the Sherestader. No other proceedings are on record. The Court fixed 29.9.83 and later 28.11.83 for passing order. In the mean..Category: Civil Law | Date: | Hits: 83
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....ng justice in the society, are patronising terrorism, the Home Minister said replying to a supplementary question by Shahin Monwara Haq’ 6. It is further stated that the Home Minister said that many talk high in seminars about punishing criminals and safeguarding the innocent. But the question ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ....... Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of Parliament and t..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....8 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority and in an unlawful manner. Respondent No.4 was further directed to show cause a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......t No.4 is not in any way concerned with the order of detention passed against the detenu under section 3(2) of the Special Powers Act as this respondent has no manner of control or authority over the proceeding of detention case which was originated by an order passed by the District Magistrate, Dha..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....e was dishonored when it was presented for encashment. Then the plaintiff served another notice on 31-1-2000 which was received by the accused petitioner on the same date but the accused neither gave any reply nor paid the amount of the cheque. Then the complainant filed the present case on 9-8-2000......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......e, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued by the accused petitioner in favour of the comp..Category: Criminal Law | Date: | Hits: 35
Abul Hossain (Md) and others Vs. State, 1999, 28 CLC (HCD)
....agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......agistrate for compliance of our aforesaid direction and observation. With the aforesaid finding and observation, this Rule is disposed of. Ed. This Case is also Reported in: 53 DLR (2001) 402.......he Informant-Opposite Party. Criminal Miscellaneous Case No. 1928 of 1998. Judgment Abu Sayeed Ahammed J. - In this case, the Rule was issued under section 561A of the CrPC for quashing the proceeding of GR No.2973 of 1997 corresponding to Pallabi PS Case No.1(8) of 1997 pending in the Cou..Category: Criminal Law | Date: | Hits: 34
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....esponsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of Court. She is a leading personality in the news media and she does not deserve to get any leniency in the matter of sentence. But we came to know that she has a boy and a daughter and i...... on 22nd November, 2000 they have raised an allegation of bias and in competency and discrimination against this Bench, nevertheless, subsequently they appeared before the Court and did not at any stage of the hearing submit that this Bench is biased or that they have any apprehension in their ......ers for committing contempt of court even when only a show cause notice was issued against the contemners. Besides, we do not find any material difference between a show cause as to why a contempt proceeding should not be drawn up against him and a rule asking him to show cause why he should not..Category: Criminal Law | Date: | Hits: 130
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....guous votes. The Election Tribunal upon such recount has held that if those ambiguous votes are excluded or added to the valid votes obtained by the returned candidate and the election-petitioner, in any case, the returned candidate received less votes than the election- petitioner, and accordingly,......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......inul Hosein submits that the Election Tribunal erred in law in excluding 309 votes as invalid from the count in those four centres in the absence of assigning any reason. 17. In the whole election proceeding, after filing of the written objection the revision petitioner was found absent. He did n..Category: Election Law | Date: | Hits: 79
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....01) 386. ......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......e before entering in reference of the arbitration. The arbitration shall be conducted as per the provisions of Arbitration Act, 1940. Performance of the contract shall continue during the arbitration proceeding unless the owner by order in writing orders the suspension of the work or any part thereo..Category: Alternative Dispute Resolution | Date: | Hits: 186
.... Thereafter petitioner submitted an application setting out details of the project proposal and lay plan on 8-11-97 (Annexure-C). Thereafter, petitioner had discussion with an American Investment Company about the project and representative of the said Company visited Bangladesh and agreed to invest......AB/PROSHIKA was also represented by its Chairman who was invited by notice dated 25-1-97. ADAB/PROSHIKA helped in the formulation and development of the project by the Ministry of Land at the initial stage as can be seen from the demy official memo dated 7-5-97. At different stages of the formulatio......n 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) 7...
Category: Civil Law | Date: | Hits: 92
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