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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
.... could understand what was true and what was false and as such his evidence was wrongly admitted and given undue weight in finding 60 appellants guilty in this case and thereby serious miscarriage of justice has taken place. In support of his contention the learned Advocate for the appellants has re......ent the dead body to the morgue at Tangail Hospital for post mortem examination and then on receipt of the post mortem report and examining witnesses under section 161 CrPC found prima facie case and accordingly submitted charge‑sheet against the 4 accused‑appellants under sections 302/34 of the......……………………….Appellants Vs. The State…………………………….Respondents Judgment February 3, 1991. Result: The appeal is allowed in part. Cases Referred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 19......ailants, we have to see whether the victim was actually in a position to recognize the assailants and disclose their names after the occurrence. It is well‑settled that there is no absolute rule of law or even a rule of prudence which has ripened into a rule of law, that a dying declaration unless..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
..... Thus, on giving our consideration to the delay in disposal of the Death Reference and Appeals as well as his old age along with other factors as extenuating circumstances, we think that the ends of justice would be sufficiently met if we commute the sentence of death passed upon the condemned pris...... condemned prisoner as well as for the other convict-appellants has further argued that there is no evidence that the accused persons had a common object of killing Hashem Reza Chowdhury @ Togor. So, according to him the impugned order of conviction under section 302/149 of the Penal Code passed aga......t November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - Fo......gachchi came to learn that accused Dr. Md. Nurul Islam along with 14 others named in the F.I.R. and 15/20 unknown persons being armed with guns and deadly weapons like Farsha, Teta, rod, lathi etc. unlawfully trespassed into the said Dighi and started planting banana plants on the western side of th..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....e knowledge of recognition of the accused persons, if fear or threat is easily accepted as an explanation, particularly in a case punishable by death, then it will endanger administration of criminal justice by opening up opportunities for concoctions and false implications. This was the majority vi....... Then accused Amani informed the fact to Elahi Member and his sons of village Abdullahpur whereupon the accused persons, in furtherance of their common intention of all, conspired to kill Ratan and, accordingly, they committed the murder of the deceased as alleged by the prosecution. The learned De......nal Appeal No. 3873 of 2005) Elahi Member ……………….. convict- appellant Vs. The State………………………….Respondent (In Criminal Appeal No. 4103 of 2005) Shahin and Liton … ………………………Convict- appellants Vs. The State……………………......e was held in this case. Mr. Khasru, lastly, submits that in the circumstances the impugned order of conviction and sentence, so far as it relates to the above named appellants, is not sustainable in law and their Appeals are liable to be allowed. 12. Mr. Md. Khairul Alam, the learned Advocate ap..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... the Court and the same prevented them from taking the desired steps. Under such circumstances, the plaintiffs expressed regrets and prayed for setting aside the order of dismissal in the interest of justice. The learned Munsif by his impugned order dated 27-5-87 set aside the ex parte dismissal of ......er justifying interference by this Court exercising power under section 115(1) of the Code of Civil Procedure. In view of the aforesaid discussions, I find that this Rule is without any substance and accordingly, it must fail. 8. In the result, the Rule is discharged without any order as to costs......er………………………Petitioner Vs. Matilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mo...... the records that this suit was decreed on contest. On appeal the judgment of the trial Court was reversed and the case was sent back on remand to the trial Court for a fresh trial in accordance with law and in the light of the observations made in the body of the judgment. After the suit was sent b..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....before the Courts below and use this Court as a substitute of the subordinate Courts. If this Court exercises its discretion in favour of such persons without being so satisfied that would be doing injustice to the bulk of the litigants whose cases are pending before this Court for years together an......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......us J Abdur Rahman Molla……………………Petitioner Vs. State……………………Opposite Party Judgment May 4, 1998. Result: The Rule is discharged. Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mo......nocent having no involvement with the alleged offence as alleged in the First Information Report. 4. It is the further case of the petitioner that informant influenced the local administration and law enforcing agencies as well as the police to harass and humiliate the petitioner. So he has been ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ...... Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule is made absolute. Cases Referred to- Ranabir Pal Singh Vs. Emperor, AIR 1949 Bombay 161; Md. Anowar Vs. Crown, PLD 1955 Lahore 585......g the respective submission it is necessary to quote the provisions of sub-section (3) of section 491 of the Code which is as follows: “Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention”. There is no dispute that dete..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....rest instead of summons against the accused without showing reasonable ground was contrary to law for which accused persons have faced harassment and financial loss and that has occasioned failure of justice and (4) that those irregularities are not curable under section 537 of the Code. 5. Seraj......e objection raised could have been disposed of by him at the time of framing charge as that Court was authorised to try the offences alleged and should not have prejudged the matter in revision which according to him was not maintainable. He further submitted that if warrants of arrest were illegall......……………Accused Vs. Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. ......gment in those cases opining that the said complaint cases are liable to be quashed on the grounds (1) that Mr. MA Rahsid Khan, Executive Director was not legally authorized and the provisions of the law were not complied with (2) that there was no application of mind by the CMM in taking cognizance..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364....... Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- GE Shipping Vs. Co. P.S.M.S. Saheb, AIR 1959 Mad 367; E.I. Rly. Vs. Piyare Lal, AIR 1928 Lah ...... application. Further, it was held that the defendant cannot take advantage of section 161 of the Contract Act in view of the fact that they have not taken proper care of the goods as required by law under section 151 of the Contract Act. In this view, the High Court Division allowed the appeal ..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......i J Bangladesh……………………Appellant Vs. Dr. Nasiruddin………………………Respondent Judgment March 21, 1983. Result: The appeal is allowed. Cases Referred to- Amir Hossain's case, PLD 1963 (SC) 185; Zafrul Ahmed’s case, 12 DLR (SC) 921; Murzuqullah, ...... No.431 of 1968. A Division Bench of the High Court Division came to the conclusion that the suit was rightly decreed inasmuch as the enquiry by the Screening Committee was not in accordance with law and therefore: "Its finding and recommendations are bad in law and any order of the Authori..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......tion of the tenancy is dated 15.9.72. Ultimately the Pourashava at the instance of the defendant had to requisition the law enforcing agencies and the plaintiff was evicted from his premises though according to him ''forcibly" on 6.5.73. 6. The suit was filed on 1.9.73. As noticed, the suit is ......others…………………Appellants Vs. Abdul Latif & others………………………Respondents Judgment February 9, 1983. Result: The appeal is allowed. Cases Referred to- Hasan Ali Vs. Dara Shah, AIR 1936 Nagpur 282; Moazame Shaikh Vs. Annada Prasad, 46 C.W. No.36......rred to defendant No.4 was intimated to him on 28.3.72 and the notice of termination of the tenancy is dated 15.9.72. Ultimately the Pourashava at the instance of the defendant had to requisition the law enforcing agencies and the plaintiff was evicted from his premises though according to him ''f..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......t of faulty reading of the relevant papers in the record of Miscellaneous Case No.89 of 1972-73. The learned District Judge on perusal of record made the following observation:
"The total papers according to Firisti appear to be in tact with the record. It is not that any piece of paper was mis......t
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is allowed.
Cases Referred to-
Md. Jabed Ali Vs. Pukhal Chandra Mondal, 33 DLR (40) 309; Begum Asia Rahman, 26 DLR (SC) 58; ......tion of land was made without giving notice to the co sharers, and as such the purported amalgamation was null and void and such order need not be avoided by a separate proceeding, as in the eye of law it was no order. He also took the view that since the petitioner had been paying rent at old rat..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......tion for Leave to Appeal No. 1254 of 2008 before the Appellate Division against the judgment and order dated 18-5-2008 passed by this Court (High Court Division) in Writ Petition No. 8578 of 2007 and accordingly leave was granted and operation of that impugned judgment and order was stayed till dis......M Fazlur Rahman J ANM Bashirullah J Nasiruddin Ahmed Pintu (Md.)…………………………..Accused-Petitioner Vs. State………………………….Opposite Party Judgment October 28, 2010. Result: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autul......r such allegations are false or otherwise, which can only be done in the trial after taking evidence. He further submits that a member of the Parliament of our country is a public servant, as besides law making he is involved with the various development works of his constituency. He uses to receive..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ...... Labour Act. On plain reading of the petition of complaint as set forth above, we do not find that there was any order of the Labour Court which has not been complied with by the petitioners and accordingly can be said committed an offence as stated above under section 307 of the Bangladesh Lab......ellip;…………………….Opposite Parties Judgment February 15, 2011. Result: The rule is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted and punished under ...... is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted and punished under section 307 of the Labour Act. Thus as per the above law the prime requirements first is that, there must be an order of the Labour Court and a person is..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....ourse of the same events and in respect of which pursuant to the first information report or earlier first information reports investigation in underway, is liable to be quashed to Secure the ends of justice. It is further submitted by the learned Counsel that the charge sheet does not disclose any ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 ......is Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case are very respectable citizens and eminent lawyers of Bangladesh and they are all members of Supreme Court Bar Association. The petitioner Nos...Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....n alleged dues of Taka 6,32,66,570.40 by way of excise duty from the petitioner’s Company within 1(one) month. Being threatened that the petitioner Company may be closed down, they issued demand of justice notice and then filed the application under Article 102 of the Constitution of the People’......said products after having the necessary excise and regulatory duty determined and approved by the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was accordingly fixed and approved by the Zonal Officers, Customs and Excise, Chittagong for the period ....... Not Represented - the Respondents. Writ petition No.2228 of 1993. Judgment Qazi Shafluddin J.- At the instance of Gazi Wires Ltd. this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned letter dated 25-11-1993 issued by the Second Secretary National......93 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that..Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....riod of service in the higher post, the passing of an impugned order, demoting the petitioner to a lower grade, for his no fault and without any show cause notice, is against the principle of natural justice and, as such, the said order being unconstitutional is liable to be set aside. The whole arg....... B Hossain is that the petitioner though holding the additional and current charge of a post equivalent to a Section Officer since 1988 cannot be treated as promotion or appointment to a higher post according to the Service Rules of Bangladesh Water Development Board, 1982. His further argument is ......For the Petitioner. B Hossain, Advocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition......shi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ..Category: Employment/Service Law | Date: | Hits: 184
....to achieve by making the classification. A classification is reasonable if it aims at giving special treatment to a backward section of the population; it is also permissible to deal out distributive justice by taxing the privileged class and subsidising the poor section of the people. What is of fu......t be applied uniformly to all persons disregarding their basic differences with others; and if these differences are identified, then the persons or things may be classified into different categories according to those distinctions; this is what is called “permissible criteria” or “intelligibl......
The Rule in Writ Petition No.4893 of 1996 is discharged.
The Rule in Writ Petition No.79 of 1997 is discharged.
The Rule in Writ Petition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chow......resaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, illegal and without lawful authority.
3. For the sake of convenience we like to take up the first point regarding the..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....And he lastly, served Demand of Justice notice on 31-7-97 through his lawyer, Sharif and Nabi, calling upon the respondent No.1, the Government of the People’s Republic of Bangladesh, to undo the injustice done to the petitioner. On receipt of the notice respondent 1 issued a letter under the sign......e will not be considered again” as that been provided in Rule 196 of the Regulations. Therefore, consideration of the petitioner’s case for lot the second time is not required. As the petitioner, according to us, was permanently superseded by Major General Abu Saleh Mohmmad Nasim on 27-8-1994 th......ammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition is rejected in limine. Lawyers Involved: Dr. Kamal ......resentation for redress finally to the Hon’ble Defence Minister on 25-2-97 with copy to the Hon’ble President with no result. And he lastly, served Demand of Justice notice on 31-7-97 through his lawyer, Sharif and Nabi, calling upon the respondent No.1, the Government of the People’s Republic..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......ns Judge on receipt of the case records, started Sessions Cass No.3 of 1981 against the appellant and 14 others. 4. Thereafter on 2.1.81 the Public Prosecutor filed a petition, with a prayer for according consent for withdrawal of the case in respect of the appellant and another co-accused Yunu......iur Rahman Motiur Rahman @ Motiur Rahman...................Appellant Vs. State...................Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawye......g two accuseds. 1. Md. Yunus Jamadder s/o late Hashem Jamadder. 2. Syed Maitiar Rahman s/o late Syed Salimuddin and to proceed against the remaining accuseds in accordance with the provision of law. 3. That the decision of the Government was conveyed in Memo No.898-183/79/LS dated 22.11 80 ..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324........ The learned Sessions Judge by his order dated 5.4.80 took the view that the case is actually triable by special Judge and learned Magistrate has no jurisdiction to take cognizance of the case and accordingly directed to return of the complaint petition for being presented to a proper Court. ...... A.S.S. Mohammad Ali…………………Appellant Vs. The State and another……………………Respondent Judgment May 4, 1983. Result: The appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim,......he previous attempts by Shahib Ali was nullified by the Sessions Judge but this time cognizance was taken by the Senior Special Judge. The question is whether such cognizance could be taken under the law. Section 4 is as under: “Jurisdiction of Special Judges and cognizance of case by them.—A..Category: Criminal Law | Date: | Hits: 81
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