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....ladesh under the Companies Act, 1913. The petitioner No.2 is the Managing Director and petitioner Nos. 3 and 4 are the Directors of the said Company. The added respondent No.4 Al-Haj Md. Faroque is also a full brother of the petitioners and was one of the Directors of the Company. The added responde......Writ Petition No. 1491 of 1996.
Judgment
AK Badrul Huq J. - By this application under Article 102 of the Constitution an order contained in Memo No. 485/DAB (Dhaka) dated 8 April, 1996 has been called in question whereupon a Rule Nisi was issued calling upon the respondents to show cause as to...... Whenever any Court or any officer in charge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a......s Case is also Reported in: 51 DLR (HCD) (1999) 72.
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Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ess rates realised in contravention of the Schedule of Charges to the petitioner. 2. The Rule arises out of the following facts. The petitioner No. 1 QC Shipping Limited, a limited company, is the sole agent of QC Containers Lines Ltd. The petitioner 1 carries on business of carrying goods by sea......gment AM Mahmudur Rahman J. - By this Rule the respondents were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the ‘Port Authority’, directing the petitioner company to pay charge rates as per Tariff ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....r did not get the final payment of compensation. The petitioner claims that the possession of the land was not handed over in favour of the Government. The petitioner, thereafter, along with other persons whose land were requisitioned in the aforesaid LA Case comprising the same plot made an applica......General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. Judgment Md. Awlad Ali J.- In all these 5 Rules obtained by different petitioners the respondents were called upon to show cause as to why the order of requisition of their respective land comprising CS ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ......se is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....ants and 2 others are that, six bottles of Phensidyl were recovered from the possession of Md. Selim alias Montu and Nawshad Ali who on interrogation told the police that the accused appellants are also involved with them in connection with the smuggling of six bottles of Phensidyl. On this allegati......w pending in the Court of Session Judge and Special Tribunal No.1 Rangpur. They are also discharged from their respective bail bonds. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 366. ......rs Act, (Act XIV of 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Tribunal Case No. 30 of 1998 pending in the Court for trial rejecting an application under section 241A of the Code of Criminal Procedure for discharging ...... of 1999. Judgment Md. Ali Asgar Khan J. - This appeal under section 30(1) of the Special Powers Act, (Act XIV of 1974) arises out of the order dated 3-2-99 passed by the learned Sessions Judge and Special Tribunal No.1, Rangpur in Special Tribunal Case No. 30 of 1998 pending in the Court for ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....aged in the business, inter alia, of import of Sodium Saccharin. The petitioner opened a letter of credit No.AIB/MVI/97 149 dated 7-5-97 with the Al Arafah Islami Bank Ltd. Moulvi Bazar for import of sodium saccharin as specified under HS Code No. 2925.11.00. It is stated that pursuant to 25A of the......tion and the very consideration of an invalid document is an error of law and the Tribunal has not exercised its jurisdiction in accordance with law and failed to exercise its jurisdiction not having called for the genuine and relevant CRF from the custody of Bank and thus arrived at a wrong conclus......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ......his Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....tution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Serv......the petitioner in the same manner. The petitioner informed the respondent verbally and then in writing about the unpleasant incident which had taken place on 9-11-94. 4. On 10-11-94 the respondent called the petitioner to the office of the respondent No.1 and gave him stern warning scolded him an......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......l—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the peti..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporation All England Law Reports Vol. 2 pag......terms of the tender document participated in the tender and pursuant to that entered into the contract with the respondent laying down the terms and conditions of repayment of the said loan, which is called long term loan he cannot now plead that he is not liable to repay the loan on long term basis......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......rnment of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporati..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....y Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and others. Case of the pre-emptor, in short, is that the opposite party 2 to 4 sold the case land on 6-11-86 to the opposite party 1 without giving notice to the petitioner who is...... because he is a prior purchaser. Now the only question remains to be settled whether only because the Khatian Number and Plot Number are not there of the land in the deed under pre-emption it can be called part of the holding. Sub-section (1) of Section 96 of the State Acquisition and Tenancy Act r......d is a part of it. The pre-emptor is a co-sharer by inheritance and also by prior purchase, as the pre-emptee is a subsequent purchaser the pre-emption was allowed by the appellate Court. Thus the trial Court wrongly and illegally found that the pr-emptee being a co-sharer, pre-emption can not be......below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ..Category: Property Law | Date: | Hits: 67
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....in Sessions Case No. 43 of 1993 and only these three appellants stand convicted by the learned Additional Sessions Judge and were convicted under sections 302/34 and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Taka 5,000.00 each in default to suffer rigorous imprison......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......d. Shueb Ahmed, Assistant Attorney-General— For the State. Criminal Appeal No. 965 of 1995. Judgment Md. Abdul Matin J. - These appellants along with 5 (five) other accuseds were placed on trial before the learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No. 43 ......y affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....ssed the suit land by construction of huts in a portion thereof and the remaining portion of the said land by way of cultivation. While being in rightful possession of the suit property, Najir Shaikh sold the entire suit land to one Chunu Sheikh and Tapun Bibi by a registered kabala dated 25-4-1953.......ther Class Suit No. 153 of 1977 after setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. ......ended that the plaintiff has no right, title, interest and possession in any portion of the suit land and he filed the suit with false and frivolous allegations for making illegal gains. 4. At the trial the plaintiff-petitioner examined 3 witnesses and the contesting defendants examined 3 witness......) (1999) 54. ..Category: Property Law | Date: | Hits: 88
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
.... three Rules by this judgment. The Rules were issued after rejection of the prayer for ball by the learned Sessions Judge, Dhaka. 2. Lodged on 4-11-1975, by KA Awal, Deputy Inspector-General of Prisons, Central Jail, Dacca, the first information report, succinct as it is, mentions that at 4-00 AM......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51....... into consideration under sections 496 and 497 of the Code of Criminal Procedure and the other relevant circumstances like the chance of absconding, tampering with evidence or hindering the course of trial should also be considered in disposing of an application for bail. Mr. Khondakar contends ther......al Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....are 8 brothers and 2 sisters. None of the complainant’s brother came to depose before the Court and they were the competent witnesses to give evidence regarding the fact and withholding of those persons went against prosecution. (v) There is no corroborating evidence that accused Abdul Khaleque......ecause for administering and dispensing real and substantial justice the Courts alone exist and there is no species of injustice which the High Court Division cannot correct where its interference is called for. The Revisional Jurisdiction of the High Court Division is in reality not a mere power bu......n a Session Case of the charge of murder and abetment under sections 302 and 109 of the Penal Code. 2. The accused-opposite parties being charged under sections 302 and 109 of the Penal Code faced trial before the First Court, Additional Sessions Judge, Comilla in Session Case No.142 of 1984 who ...... in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....ment Act 1958 and, as such, the proceeding adopted and constituted by the learned Sessions Judge as well as by the learned Additional Sessions Judge, 5th Court, Dhaka is without jurisdiction. It is also submitted that as per provision of section 5A of the Prevention of Corruption Act only the inspec......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......urt of Magistrate and since then he is on bail granted by the learned Magistrate, The learned Chief Metropolitan Magistrate forwarded the case record to the Court of learned Sessions Judge. Dhaka for trial after receipt of the charge-sheet and the learned Sessions Judge received the record on 27-9-9......ted by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda Maimuna Begum, Advocates — For the Petitioner. Mahmud Hossain, Assistant Attorney-Gen..Category: Criminal Law | Date: | Hits: 62
Harun and others Vs. State, 1998, 27 CLC (HCD)
....sha has been grounded on the point that he had been falsely implicated in the case and under inhuman torture, he was compelled to make a confessional statement impleading himself and other accused-persons in the commission of murder of the victim Ratan Mia. Criminal Revision No.254 of 1997 was filed......n the result, the Rule issued in the three Criminal Miscellaneous case Nos. 310 of 1998, 1212 of 1996 and 142 of 1998 are discharged and the ad-interim bail granted to the respective petitioners is recalled and they are directed to surrender to their respective bail bond forthwith. Rule in Criminal ......r. 5. Police after investigation submitted charge sheet against the four accused petitioners and also other accused-persons under sections 302/109/34 of the Penal Code. 6. The case was sent for trial and they are now facing trial being charged under the above sections of the Penal Code. 7. ......Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...Category: Criminal Law | Date: | Hits: 65
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
....took it up for investigation. In the said incident 19 leaders and activists of Awami League succumbed to injuries and huge number of activists of the said political party sustained grievous injuries, some of them maimed. The police eventually submitted a charge sheet against 22 accused persons on 9t......High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except in exceptional cases where such interference is called for in the interest of justice. Learned Additional Attorney General has failed to make out su......me of them maimed. The police eventually submitted a charge sheet against 22 accused persons on 9th June, 2008. 3. The case record was eventually sent to the Metropolitan Sessions Judge, Dhaka for trial and while the trial of the case was in progress on the prayer of the prosecution, the trial Co......or the Petitioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the High Court Division in Criminal Miscellaneous Case No. 6566..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....tioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hossain and another, 56 DLR (AD) 24, M A Hai vs. Trading Corporation of......perly maintaining the same, and for determining standard of an article, the Government used to send the particulars of the article for fixing its standard and since there is no article in the country called "non-alcoholic malt beverage" so, they also did not fix any standard for such an item from be......" to the Writ petition. (d) The petitioners on receipt of the said letter, vide Annexure "I", gave a reply to the respondent No. 1 by its letter dated 4-3-2004 stating that under the existing Industrial Policy Rule No. 5 under Chapter 5.2 (a) registration with the Board of Investment was not nece...... also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....Das (P.W.7), the confessional statement proved by A.K.M. Humayun Kabir (P.W.13) and the circumstantial evidence of recovery of a tape recorder from the possession of P.W.4 which was said to have been sold by the accused respondent after stealing it from the deceased's shop on the fateful night. 3......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66........5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard along with Jail Appeal No.1069 of 1992.) Judgment Surendra Kumar Sinha J.- The Respondent Babul Miah was put on trial before the learned Sessions Judge, Brahmanbaria to face charges punishable under sections 302/......que, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard ..Category: Criminal Law | Date: | Hits: 58
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ove Civil Petition Nos.1498 of 2007 and 1333 of 2008 are directed against the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No.3257 of 2003 making the Rules absolute and the above Civil Petition No. 1499 of 2007 is directed against the judgment and order date...... accordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mohamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos. 6-7 Shorforaz Uddin ......efendant Nos. 6-7 Shorforaz Uddin and Momtaj Begum on 20.2.1989 vide Case No.39/88-89 with effect from 1977 is of no effect and Mohamaya Rani also never paid any rent in respect of the suit land. The trial Court, after hearing, by judgment and decree dated 29.4.1993 dismissed the suit. The Additiona......aya Rani Saha................Petitioner (In Civil Petition No. 1498-1499 of 2007) Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & ..Category: Property Law | Date: | Hits: 62
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....Judge, 1st Additional Court, Noakhali, decreeing the Title Suit No.188 of 1988 declaring that the ex parte decree obtained by the defendant No.1 of the suit as plaintiff in Title Suit No. 808 of 1977 so far relates to the suit land is collusive, fraudulent and not binding upon the plaintiff-responde......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12.......06.1981 and that the plaintiff's claim is based on some forged and collusive documents by which the plaintiff did not acquire any right, title and interest or possession over the suit land. 4. The trial Court framed the following issues: ১। বর্তমান আকারে ও প্......tin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dijalal Majumder........................Petitioner Vs. Munshi Bodiul Alam and others .............Respondents Judgment July 15, 2010. Lawyers Involved: Ibrahim Kh..Category: Property Law | Date: | Hits: 71
Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)
....……..Petitioner Vs. President of Bangladesh and others…………………..Respondents Judgment July 25, 1996. Lawyers Involved: Syed Muhammad Mashiur Rahman, Petitioner in person. Abdul Wadud Bhuiyan, Additional Attorney General-for the respondents. Writ Petition No. 1......ed Muhammad Mashiur Rahman, an Advocate, is the petitioner in this case. In this writ application he has challenged the vires of 13th Amendment of the Constitution, namely, Act No. 1 of 1996 which is called as Constitution 13th Amendment Act, 1996. 2. In a lengthy writ petition he has stated many...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ......ivision (Special Original Jurisdiction) Present: Md. Mozammel Hogue J Md. Abdul Matin J Syed Muhammad Mashiur Rahman…………………..Petitioner Vs. President of Bangladesh and others…………………..Respondents Judgment July 25, 1996. Lawyers Involved: S..Category: Constitutional Law | Date: | Hits: 199
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