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Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....e Pakistan on behalf of the EP Enemy Property Management Board by its letter dated 2‑12‑1968 (Annexure F) asked the petitioner to call on the Director (Industrial Units) on 9‑12‑1968 with all relevant papers and documents in support of her claim of ownership and possession of the properties ......n on behalf of the EP Enemy Property Management Board by its letter dated 2‑12‑1968 (Annexure F) asked the petitioner to call on the Director (Industrial Units) on 9‑12‑1968 with all relevant papers and documents in support of her claim of ownership and possession of the properties situated ......iction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly ...... former East Pakistan Enemy Property Management Board by his notice dated 19‑8‑1969 (Annexure E‑1) issued under Rule 185 of the Defence of Pakistan Rules to the firm requiring it to furnish the documents by virtue of which the firm was in possession of the holding No. 28, Hatkhola Road. In rep..Category: Business or Commercial Law | Date: | Hits: 194
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....f 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina K...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ...... Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliru...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......t High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- ......, title and possession in the suit land? (e) what relief the plaintiff was entitled to? 7. In support of her case, plaintiff examined three witnesses including her husband and adduced number of documents, which were marked as Exhibit 1 to 9 while the defendant examined one 'Tahshilder' and add..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....le too poor to raise the money for such a bond. Congress passed the Federal Bail Reform Act 1966, legislating for release on recognizance rather than financial bonds as the normal pretrial order. The relevant law for England and Wales is now contained in the Bail Act, 1976. In essence, a Court has f......nus were not produced in Court when they were shown arrested in those cases. They were shown arrested in their absence merely on the basis of prayers made by the police officers without producing any papers in support of their complicity in those cases. The Magistrate passed order relying upon the f...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C......relative or the friend, as the case may be, to whom information is given about the arrest and the particulars of the police officer in whose custody the arrestee is staying. (iv) Copies of all the documents including the memorandum of arrest, a copy of the information or complaint relating to the..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... the election tribunal is amenable to the revisional jurisdiction of the High Court Division. 8. I have considered the submissions of the learned Advocates for both the parties and perused the relevant provision of law and the decision referred to by the parties. Union, Parishad Ordinance, 19......cted. The petitioner appeared in the election case and filed written statement denying all the allegations and contending, inter alia, that the election was held peacefully and the counting of ballot papers was held fairly and correctly in presence of the agents of all the candidates and the petitio......t Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Case Referred ...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... bail was rejected on merit in view of specific overt act against the accused appellant in the record. 8. We have perused the copy of first information report, order sheets and other connected papers filed at the hearing. We have considered the contentions of both sides. From first informatio......ddin to the effect when his daughter Shewly Khatun, aged 14 years, went to bamboo bush to make the goat drink water when accused Harun came, took her to a nearby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) o......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......ion (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
.... lawyers in questioning Prosecutrix in her general sexual conduct. In our country Court must rise to the occasion to limit cross‑examination touching the character of victim of sexual assault for irrelevant purpose and Court must not sit as silent spectator while victim of sex crime is cross‑exa......n. Accused Dr. Anukul Chandra Achariya did not keep his promise. Bangladesh Mabila Parishad was, thereafter, approached. A decision had been reached wherein accused Dr. Anukul Chandra Achariya signed papers promising to accept her as his son's wife. On 4‑7‑1992 she gave birth to a female child a......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....n convicting and sentencing the accused appellant under sections 302/34 of the Penal Code. Findings and decisions: 7. PW 1 Dr. Kamrul Ahsan was the Medical Officer of Bhandaria Hospital at the relevant time. On 13-7-87 he examined injured Surat Ali Master and Minara Begum and found injuries o......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......ssions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six months while......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
....ears to us that though no provision of law has been mentioned in the impugned Annexure ‘D’ it should be construed as a notice under section 5 of the Ordinance No. 24 of 1970. On a scrutiny of the relevant provision of Ordinance No. 24 of 1970 it appears to us that it is the Deputy Commissioner o......im, which is the impugned order contained in Annexure D to the writ petition. The petitioner appeared before the respondent No. 2 on 1-1-1994 and made a prayer for holding an enquiry by examining the papers of the petitioner stating that he is the owner by purchase of the property and Title Suit No.......rt Division
(Special Original Jurisdiction)
Present:
Md. Ruhul Amin J
Bijan Kumar Das J
Abarak Ali…………………… Petitioner
Vs.
Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj …… Respondent
Judgment
August 11, 1998.
Lawyers ......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 183...
Category: Property Law | Date: | Hits: 172
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
.... why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint case in the Court of Seni......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ...... Present: Khondker Musa Khaled J Salma Masud Chowdhury J Chitta Ranjan Das @ Chitta Ranjan Sinha………………………….Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment ......this contention the learned Advocate for the opposite party No. 1 has referred to case decision reported in 53 DLR 19 and 55 DLR (AD) 125. 6. We have considered the case records along with the documents annexed thereto and submissions of the learned Advocates appearing on behalf of the opposi..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....oceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mostafa f1led the above ......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ....... ......in the said proceedings before taking cognisance of any offence. It is submitted further that section 98 of the Code of Criminal Procedure relates to search of house where the stolen property, forged documents, etc, are kept hidden. So, it is necessary to prevent abuse of the process of law to secur..Category: Criminal Law | Date: | Hits: 49
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......as a Court Assistant. He was examined on behalf of the defendant Nos. 1 to 5. He stated that as no industry was established under term 4 of the deed of lease the lease was cancelled. He produced the papers on behalf of the said defendants. He also filed the letter of allotment dated 29‑10‑1994......on)
Present:
Md. Abdur Rashid J
S Rahman Miah J
Sultan Mahmud Chowdhury ............................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Referre......
5. What relief the plaintiff was entitled to.
9. In support of his case, plaintiff examined 4 witnesses while defendants examined equal number of witnesses including defendant No.7. Papers and documents adduced on behalf of the plaintiff were marked as exhibit Nos. 1 to 9 and 10 series. While..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....h, proves his opinion, which is not ways so easy. Even after the opinion of an expert on the questioned handwriting or signatures is proved, it cannot be taken as conclusive. Such opinion is no doubt relevant under section 45 of the Evidence Act, which is to be considered by the Court along with oth......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ....... This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......al being dead his heirs Pradip Kumar Seal, 6 MLR (AD) 122, Appellate Division dismissed a civil petition for leave on the view: "6. The learned Counsel for the petitioners contends that unless the documents are first admitted into evidence the Court has no jurisdiction to send them for chemical e..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....spute was referred to the arbitrator. By Ordinance XIII of 1963, 'five years' average was substituted to 'twenty-four months'. So, the issue raised before the Supreme Court was what should be the law relevant for the purpose of determination of compensation, the old unlamented one or the one that st......lication was not maintainable without service of notice under section 169 of the Town Improvement Act, 1953. 10. In support of the case, the appellant examined eleven witnesses and adduced various papers, which were marked as exhibits 1 to 57. Respondent Nos. 1 and 2 examined one witness each and...... High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Refe....... 10. In support of the case, the appellant examined eleven witnesses and adduced various papers, which were marked as exhibits 1 to 57. Respondent Nos. 1 and 2 examined one witness each and their documents were marked as exhibits 'Ka' and 'Kha'. 11. By the impugned order, learned arbitrator a..Category: Property Law | Date: | Hits: 77
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....witness Dr Rehana Khan filed Hajira. Then by order No. 123 of that day, the tribunal fixed for examination of the accused person under section 342 of the Code to examine that witness. 4. The facts relevant to the case, in brief, are as follows: Advocate Azizullah lodged an first information re......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......ra J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar Tribunal No.4, Dhaka in Druto Bicha......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....se No. 2 dated 1‑5‑2001 corresponding to GR Case No. 194 of 2001 should not be quashed and or such order or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that initially the instant petition......ion of offences alleged by the prosecution. It was held by their Lordships, "this finding of the Magistrate is based on no evidence whatever, for evidence has not yet been recorded in this case. Some papers were produced by the accused in support of alibi but these papers are inadmissible as no witn......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sk Rezowan Ali J AFM Ali Asgar J Matiur Rahman (Md)..............................Petitioner Vs. Nuru Sikdar and others.................Opposite Parties Judgment November 9, 2003. Cases Referred to- ......le and possession respecting the disputed land in favour of the accused-opposite parties and further observed that the informant‑petitioner in spite of adjournments granted to him failed to produce documents in support of his claim. He also disbelieved the medical certificate relating to the treat..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....ss", as a matter of necessary implication, the person sought to be affected must at least be made aware of the nature of the allegations against him, he should be given a fair opportunity to make any relevant statement putting forward his own and "to correct or controvert any relevant statement brou......he Code, if any Court sustains reasons to believe that an accused person has absconded and there is no immediate prospect of arresting him the Court shall by order published in at least two daily newspapers, direct such person to appear before it within a period so specified in the order. There is n......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
....answer to this is found in the words of “Foot” quoted above i.e. the registered office being the brain controlling the operation of the company or the trade union fixes the domicile which term is relevant for jurisdiction over it.
21. In the instant case had the allegation of gheraoing the of...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involve......-10-92 according permission to respondent No.2 for cancellation of registration of the petitioner.
7. The petitioner contends that in according permission the learned Chairman did not consider the documents filed, objection raised on points of law and the decision cited on behalf on the union and..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
..... This contention was raised at a very belated stage by filing an application in this regard and it was rejected by order dated 28‑3-2001 by the court below on due and proper consideration of the relevant facts and circumstances obtaining in this case and this order of rejection was never challe...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......J AKM Fazlur Rahman J State..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
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