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Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
.... 3. Mr. Syed Ziaul Karim, learned Advocate appearing for the accused‑petitioner, submits that the acceptance of the charge sheet by the learned Magistrate under his order dated 4‑7‑91 is bad in law inasmuch as the charge‑sheet was submitted beyond the time limit of 180 days as provided in se......Hossain, Inspector of District Anti‑Corruption Bureau, with police Station Nesardbad alleging, inter alia, that accused petitioner Amalendu Majumder was the Chairman of Gamudoy Khati Union Parishad and was also Chairman of a project Committee under the village works programme 1984‑1985. Under th......ated 30‑6-89 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was registered. The police took up investigation of the case on 30‑6-99 and the learned Magistrate by his order dated 27‑12‑89 extended a period of 30 days for investigation which, according to the accu..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....ant Md. Abdul Hoque Khan to show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Mr. Khalilur Rahman, learned Advocate for the petitio...... Hoque J Amirul Kabir J Crescent Jute Mills Company Ltd. represented by the General Manager (formerly Dty. General Manager)...........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The R......of the petitioner Crescent Jute Mills Company Ltd. was issued calling upon the respondents Chairman, Labour Court, Khu1na and the complainant Md. Abdul Hoque Khan to show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be dec..Category: Labour and Industrial Law | Date: | Hits: 177
Ahad Miah Vs. State, 1997, 26 CLC (HCD)
.... passed by the District Magistrate. In our opinion the order not only puts restriction on the liberty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, however, we without pr......tory bail by the High Court Division. That order was communicated to the Deputy Commissioner, Habiganj who upon receipt of the order directed the District Magistrate, Habiganj to accept the bail bond and the District Magistrate accepted the bail bond with a condition imposed upon the petitioner to a......ocate‑For the State. Criminal Miscellaneous Case No. 450 of 1997. Judgment Iftikhar Rasool J. - The petitioner was enlarged on ad-interim anticipatory bail by the High Court Division. That order was communicated to the Deputy Commissioner, Habiganj who upon receipt of the order directed t..Category: Criminal Law | Date: | Hits: 86
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....e petitioner Giasuddin calling upon the respondents to show cause as to why purported attempt to evict the petitioner and all actions pursuant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict ......Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Gias Uddin............................Petitioner Vs. Dhaka Municipal Corporation and others...............Respondents Judgment November 21, 1996. Result: The Rule is dis......r maintaining the environment free from pollution and degradation. In the above facts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....Khatun, who was aged four years and four months at the time of the occurrence. The evidence of a child witness having not been corroborated by other witness, the trial Court has committed an error of law in finding the appellant guilty of a capital offence on the basis of the un‑corroborated evide......espondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 DLR 41; Abdas Sabhon......he Appellant. AO Rashid Ahmed, Assistant Attorney-General‑For the State. Criminal Appeal No.2053 of 1992. Judgment Md. Abdul Karim J. - This appeal is directed against the judgment and order dated 10‑11‑92 passed by the learned Sessions Judge, Brahmanbaria in Sessions Case No.92 o..Category: Procedural Law | Date: | Hits: 94
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....r investigation. 3. Mr. Mahbubur Rahman, the learned Counsel appearing on behalf of the petitioner, at the very outset submits that the present case is the result of an altercation in between the law enforcing agency personnel and the petitioner who went to search the house at an untimely period......should not be enlarged on bail. 2. The short fact leading to this Rule is that, petitioner Mrs. Jobaida Rashid has been residing in House No.7 of Road No.55, Gulshan, Dhaka along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the cas......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....ion as the sole basis of conviction of the maker thereof. Indeed, this Court notes that in Islamuddin Vs. State reported in 13 BLC (AD) 81 the Appellate Division has endorsed the settled principle of law that judicial confession, if it is found to be true and voluntary, can indeed form the sole basi....... ......reference to the prosecution case and as found upon by trial Court, are, hereby, dismissed. 22. In the result, in confirmation of the findings and sentence and conviction of the trial Court, it is ordered that the condemned prisoners, being only Moksed and Tutul, having been found guilty under se..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
.... Local Government Division and other's to show cause as to why the circular vide Memo No. Poura 1/M‑02/2002/1133 dated 23‑9‑2002 (Annexure B), should not be declared to have been issued without lawful authority and is of no legal effect. 3. The Facts: It is stated in the petition that elect......orted in: 57 DLR (HCD) (2005) 201. ......a female elected in a seat, to perform all the functions as contained in Memo No. Poura 1/M- 02/2002/113 dated 23‑9‑2002 (Annexure B) for a period of 3(three) months from date. The said interim order was extended from time to time. 5. A supplementary affidavit sworn on 31‑3-2004 was fil..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....resaid order the petitioners moved this Court and obtained this Rule. 7. Mr. Shahidul Islam, the learned Advocate for the petitioners, submits that the learned trial Court committed an error of law occasioning serious failure of justice in not considering that the plaintiff being a female heir......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......er………………Petitioners Vs. Rahima Khatun and others………….Opposite Parties Judgment November 12, 1998. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Nirode Chandra Banerjee Vs. Profulla Chandra Baner..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......Advocates — For the Petitioner. None appears — For the Opposite Parties. Criminal Revision No. 1640 of 1993. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Additional Sessions Judge, 1st Court, Tangail in Criminal Appeal No.......cates — For the Petitioner. None appears — For the Opposite Parties. Criminal Revision No. 1640 of 1993. Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Additional Sessions Judge, 1st Court, Tangail in Criminal Appeal No. 21/..Category: Criminal Law | Date: | Hits: 96
.... Home Affairs in respect of the petitioner for deciding the question as to whether the petitioner is entitled to get back the possession of his house, should not be declared to have been made without lawful authority. By the same Rule Memo. No.111 (Imn)/V dated 24.1.87 issued by the Home Ministry re......ent:
Fazle Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Abdul Qayum ................Petitioner.
Vs.
The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents
Judgment
October 30, 1991.
Result:
Th...... report of the then Sub‑Divisional Officer, Lalmonirhat and the report of the Circle Officer (Rev.), Lalmonirhat, the said property of the petitioner was released in favour of the petitioner by the order dated 1.8.84 by the Deputy Commissioner, and Chairman, District Management Board, Rangpur, wit..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....urning the Memorandum of Appeal by the impugned order on the ground of want of pecuniary jurisdiction. He further submits that neither in the Civil Courts (Amendment) Ordinance, 1983 nor in any other law there is any provision that the forum of appeal will be determined with reference to the provisi...... Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Red......Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- In this Rule the question that falls for determination is whether an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific perform..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
....and 1515 of 1989. Judgment ARM Amirul Islam Chowdhury J.- These Revisional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In this judgment the expressions defendant petitioners and the plaintiff opposite parties......High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J AM Mahmudur Rahman J Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the......n the subordinate civil Courts. The plaints written in English language being invalid they are non-est against the concerned defendants and are liable to be rejected. The trial Courts by the impugned orders rejected the applications for rejection of the plaints of the concerned suits. Thereafter bei..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....h Court Division in Civil Revision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment.......Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004......ed by M.G. Bhuiyan, Advocate-on-Record-For Respondent No.1 (In both the appeals) Not represented-Respondent Nos. 2-5 (In both the appeals) Civil Appeal No. 45 of 1993. (From the judgment and order dated 1st September, 1992 passed by the High Court Division in First Appeal No.138 of 1990). ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....posite parties nor the other respondents of the aforesaid writ Petition violated this court's order passed in the said writ petition. 7. Since an important question as to the liability of a lawyer in respect of giving legal opinion is involved in this case, we requested Mr. Mahmudul Islam,......utomatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The......sued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5-11‑97 passed in Writ Petition No.3285 of 1996 or suc..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....m - for the Appellant (In Criminal Appeal No. 2515 of 2008). Khalifa Shamsunnahar, State Defence Lawyer - for the Appellant (In Jail Appeal No. 318 of 2008). Khalifa Shamsunnahar, State defence lawyer - for the Appellant (In Jail Appeal No. 319 of 2008). Hasna Begum - for the Appellant (In ......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &......ame are not true and voluntary. 7. The learned Additional Sessions Judge, First Court, Gazipur having heard both the parties and considered the materials on record passed the impugned judgment and order of conviction and sentence dated 27.2.2008 convicting all the above named 5 accused persons in..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....itional evidence. He has also found that the list of the documents that have been annexed in the application for additional evidence are necessary to be exhibited in the appeal in accordance with the law of evidence. It also appears that the lower appellate Court also allowed the plaintiff‑respond...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: The Rule ...... The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Court No.1, Dhaka, in Title Appea..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... Vs. Raziur Rahman, reported in 18 DLR (SC) 426. He submitted that the Election Commission has been vested with the power to organize, hold and conduct the election of Chairman in accordance with the law and rules and in spite of deletion of Rule 68 when a dispute arises as to adjournment of polls i......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: ......use as to why the respondent No.1 should not be directed to organise, hold and conduct a fresh election in the disputed centre, namely No.13 Tetoya Government Primary School centre or such or further orders or orders passed as to this Court may seem fit and proper." 2. In this case election of..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... and thereafter they were proceeding towards their home but hardly they reached near the house of Kamal Akhi in the village of Venda, the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled......4 DLR (HCD) (1992) 295. ......the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupti, gun etc. encircled them. Accused Ekramul Hoq passed order to kill them. Accused Shahjahan Biswas, Kuti Shaikh and Shaheb Shaikh and Dulu Biswas caught h..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....etained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, 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 or in an unlawful manner. 2. The case of the petitioner is that the detenu come......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......desh on 6.12.90 in the greater interest of the country. The detenu was arrested on 11. 12.90 from his Sena Bhaban residence and has been kept in detention with effect from 12.12.90 in pursuance of an order passed by the Government under section 3(1) (a) of the Special Powers Act, 1974 for 120 days. ..Category: Criminal Law | Date: | Hits: 113
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