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Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:...... Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal No.11, Dhaka in Metropolitan ......dgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Spec..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....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......orney General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. Ruhul Quddus J.- This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 3.2.1990 passed by the Additional Sessions Judge, Second Court, Barisal in Session C......y General- For the Respondent. Criminal Appeal No.4786 of 1991. Judgment Md. Ruhul Quddus J.- This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 3.2.1990 passed by the Additional Sessions Judge, Second Court, Barisal in Session Case ..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....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...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Sirajuddin Sarkar……………………Petitioner Vs. Md. Fazlul Haque and others……………………Opposite Parties Judgment April 2, 2012. Result: The ...... of 1998. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a complainant was issued on an application under section 561A of the Code of Criminal Procedure challenging the judgment and order dated 26.2.1998 passed by the Additional Sessions Judge, Second Court, Dhaka in Criminal Revis..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....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 ......us J Md. Shah Alam…………………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 ...... Ms. Nawzish Ara Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 3509 of 2003. Judgment Md. Ruhul Quddus J.- This criminal appeal is directed against judgment and order dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convic..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......€¦Petitioner Vs. The State………………………Opposite Party Judgment March 18, 2012 Result: The Rule is discharged. Case Referred to- Golam Sarwar Hiru Vs. the State and another, 13 MLR (AD) 103. Lawyers Involved: No one appears - For the Petitioner. Mrs. S......ank account maintained by the Madrash etc. 3. On receipt of the complaint, the Magistrate sent it for judicial inquiry to be conducted by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judicial inquiry submitted a report ..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....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......eneral - For the Respondent. Criminal Appeal No.2962 of 2002. Judgment Md. Ruhul Quddus J.- This criminal appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.15......al - For the Respondent. Criminal Appeal No.2962 of 2002. Judgment Md. Ruhul Quddus J.- This criminal appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.158 of..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....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......dgment 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 429; Rana Madbar and others Vs. The State, 51 DLR 499; Abdur Razzak Talukder Vs. State, 51 DLR 83. Lawyers Involve......ey General - For the Respondent. Criminal Appeal No. 2238 of 2002. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 31.7.2002 passed by the Special Tribunal No.3, Rajshahi in Special Tribunal Case No.172 ..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....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......ssed by the Metropolitan Special Tribunal No.2, Dhaka in Metropolitan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized fro......ndent. Criminal Appeal No.1049 of 2006. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 at instance of the discharged-appellant is directed against order dated 22.2.2006 passed by the Metropolitan Special Tribunal No.2, Dhaka in Metropolitan Specia..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....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......s. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......rshed and Ms. Syeda Rabia Begum, Assistant Attorney Generals - For the Respondent. Criminal Appeal No.413 of 2006. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 23.1.2006 passed by the Sessions Judge, Tangail in Session Case No.232 of 2004 (arising ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....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 ......I agree. Ed. This Case is also Reported in: ......gment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....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...... I agree. Ed. This Case is also Reported in: ...... No.1374 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-appellants was issued on an application under section 439 of the Code of Criminal Procedure challenging order dated 7.9.1992 passed by the Sessions Judge, Brahmanbaria in Criminal Appeal No.71 of 1992 dis..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....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...... I agree. Ed. This Case is also Reported in: ......gment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an app..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....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...... (Special Original Jurisdiction) Present: 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 absol...... under Article 102 of the Constitution calls in question the judgment and orÂder dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Complaint Case No.3/84 allowing the case and setting aside the order of dismissal of the Respondent No.2, a worker, from service and directing his re-instatement. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can CompaÂny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....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...... (Special Original Jurisdiction) Present: Md. 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 ......e—For the ResponÂdents. Writ Petition No.155 of 1985. Judgment Mahmudul Amin Chowdhury J.- This Rule Nisi was issued calling upon the respondents 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 pet..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....e People's Republic of Bangladesh the ResponÂdents were directed to show cause as to why the Memo No. Shakha-11/31-3/81/82 dated 7.2.85 (Annexure CC) should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon InÂdustrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..............effect from 21.1.79 which was also sent to the petitioner in his former address. It is stated by the petitioner that he had neither received the alleged show cause notice nor the alleged cancellation order of the lease. Then in the middle of June, 1979 when the petitioner went to the office of the r..Category: Property Law | Date: | Hits: 115
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
....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......chpara in Plot No.747 for a consideration of Taka 29,74,000. In pursuance of this contract, possession of the building was made over to him after receipt of an amount of Taka 12,74,000 with an understanding that the remaining balance amount of Taka 17,00,000 would be paid to the House Building Finan......the same is liable to be quashed. 4. We have heard the learned Advocate for the accused-petitioner and the learned Assistant Attorney-General and perused the first information report including the order of taking cognisance of the case by the learned Magistrate and the ‘আপোষনামা..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... 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......elal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28, 2003. ......‘6‑2000. Thus placed, the petitioner performed his duties and received salary in the later scale up to April 2002. 3. Suddenly, during June, 2002 the petitioner found his name in the monthly pay order (MPO) issued for the month of May, 2002 in the batch of Lecturers and in the scale of Taka 615..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....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, ......Case is also Reported in: 63 DLR (HCD) (2011) 382. ......cluding written objection and other documents took cognizance of the case and issued sumÂmons against the petitioners on dated 28-12-2010. 6. Being aggrieved by and dissatisfied with the impugned order the petitioners moved this Court under Article 102 of the Constitution and obtained the presen..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....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......his Case is also Reported in: 63 DLR (HCD) (2011) 379. ......s Rule was issued on an application under Article 102(1) and (2)(a)(i)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order vide Memo No. Shipkam/Hash-1/Clinic-5/93/259 dated 30-12-2002 (Annexure-D) should not be decla..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370....... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ......ed here that at the time of making his submissions, Mr. Alam did not raise any question regarding the issues of maintainability, limÂitation and defect of parties framed in the money suit. 21. In order to appreciate the submissions advanced by the appellant in person and the learned Counsel for ..Category: Civil Law | Date: | Hits: 212
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