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Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......mportant information relating to Bangladesh Gas Field and also supplied some important facts about the field by influencing one Sikdar Mohammad Habi Rahman, an officer of the said Gas Field, and that according to his statement, some secret letters were recovered. It is also stated in the said ground......�………………………Respondents Judgment March 31, 1993. Lawyers Involved: Mahbubur Rahman with Md. Ahsanullah Patawary, Advocates ‑ For the Petitioner. Shamul Alam, Deputy Attorney‑General - For the Respondents. Writ Petition No. 196 of 1993. Judgment Md. Abdul J......t any act of the detenu to be prejudicial to the economic interest of the State but it is stated that he was detained with a view to preventing him from doing any act prejudicial to public safety and law and order. There is, therefore, no nexus between the purpose of detention as mentioned in Annexu..

Category: Criminal Law | Date: | Hits: 85

Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)

....without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......ition has been filed on behalf of respondent No.4 stating, inter alia, that an area of 8.66 acres near Roosevelt Jetty at Khalishpur Bandar was required for the development of the aforesaid jetty and accordingly a prayer was made to the then Government of East Pakistan in 1954. However, the responde...... Deputy Commissioner, Khulna and others………………..Respondents Judgment May 25, 1992. Lawyers Involved: Sk Afzalur Rahman, Advocate ‑ For Petitioners. QA Hossain, Assistant Attorney‑General ‑ For Respondent Nos. 1-4. Writ Petition No. 453 of 1986. Judgment Main...... Khatian Nos. 1807. 1887, 1819, 1847, 1886 and 1806 within mouza Boyra, JL No.12 situate of Joragate under Upazila Doulatpur in Khulna Town on 28.2.83 should not be declared to have been made without lawful authority and to be of no legal effect and why the respondent No.1 shall not be directed to r..

Category: Property Law | Date: | Hits: 138

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......orum to consider the pending review petitions of the officers and employees affected by the Martial Law Order No.9 of 1982, the Ministry of Establishment formed a Review Forum, The said review forum, accordingly, recommended that “ফোরাম তাহার ১৯/৬/৮৩ এবং ৩০-...... 2009. Cases Referred To- Principal Secretary, President's Secretariat, Dhaka and others Vs. Mahtabuddin Ahmed, 42 DLR (AD) 214; 42 DLR (HCD) 1. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For or the Appellants. Abdur......f 1986, the said Martial Law Order No.9 along with other Proclamations, Martial Law Regulations, Proclamations Orders, Chief Martial Law Administrator's Orders, Martial Law Instructions and all other laws made during the period of the 24th March, 1982 to 11th November, 1986 i.e. the date of commence..

Category: Administrative Law | Date: | Hits: 160

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......sts any of the causes enumerated therein or for other reason. Mr. Rashid submits that in this case the lay‑off notice was given on the ground of financial inability of the petitioner company which, according to him, is not a condition for which a lay‑off notice can be given under section 2(1) of......o Co. Ltd. and others………………….Petitioners Vs. Chairman, Labour Court and others……………......Respondents Judgment June 13, 1991. Case Referred To- Railway Men's Store Ltd. Vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; James Finlay and Co. Ltd. Vs. The......ourt, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2. This Rule arises, in short, out of the following ..

Category: Labour and Industrial Law | Date: | Hits: 129

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......abibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- Nadir Ali, 1960 CrLJ 188; Shaikh Shahidul Islam Vs, State, 44 DLR (AD) 192; Nisar Ahmed Vs. T......aud and illegally representing itself as a Commercial Bank and also by illegally opening depositor's bank accounts both current and fixed deposit. The accused, his wife Shahnaz Akhtar, his son‑in‑law Md. Amirul Islam and his henchmen are the Directors of BCI Limited. The accused petitioner and h..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......ngladesh, submits that although the award was made on 28.5.85 appellant Bangladesh filed an application under section 152 of the Code of Civil Procedure for correcting clerical error in the award and accordingly the award was corrected on 10.3.90 and thereafter the copy of the same was received by t......Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan an......e this very case when the Judge held that the installation of a full central heating system was not a structural alteration or addition'. We all think, all three of us, that he went wrong in point of law. He misconstrued those words. That error can be described on the one hand as an error which went..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......udud Ahmed submits that this qualification or disqualification would be referred back to the date of the scrutiny of the nomination paper and not on the date of filing of the nomination paper because according to the learned Counsel under section 10 of the Pourashava Ordinance, 1977 a person should ......Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involv......) (g) of the Ordinance, 1977 to file his nomination paper on 5.1.93 as on that date he was a defaulter in paying his loan and as such the acceptance of the nomination paper is illegal and contrary to law. 5. Mr. Moudud Ahmed, the learned Counsel appearing for respondent No.4 submitted that in the..

Category: Election Law | Date: | Hits: 126

Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)

....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......t No.1 transgressed his jurisdiction to hold "there is no dispute from any comer regarding existence of the mosque and as such the EC No.13274 will bear the Baitul Aman Mosque in its exact form". We, accordingly, declare that the orders passed by the respondent Nos. 1 and 2 have been passed without ......reme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Invol...... and the order dated 6.10.85 of the respondent No.2 directing the Secretary of the said Mosque to hand over charge of k mosque to the said Committee should not be declared to have been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation r..

Category: Trust/Waqf Law | Date: | Hits: 183

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......380 of the Penal Code. 2. The petitioner as complainant lodged FIR with the Narayanganj Police Station on 15.5.85 on accusations, inter alia, that he was an employee of one Belayet Hossain, Proprietor of Comilla Salt Industries. In the morning the said Belayet Hossain had left for his village hom......tation to hold that the salt and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the Court must satisfy itself that t..

Category: Criminal Law | Date: | Hits: 64

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....of his contention the learned Advocate for the petitioner has cited the case of Syed Mahmud Alam Vs. Syed Mehdi Hussain reported in PLD 1970 (Lahore) wherein it was held: "The principle of natural justice, namely, audi alteram partem has, by now, been firmly established by the force of precedent ......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ...... Habibur Rahman Khan J Muhammad Abdul Mannan J Siddique (Md)..................Petitioner Vs. State…………………..Opposite Party Judgment July 1, 1992. Cases Referred to- Elahi Bux Vs. The State, 39 DLR 164; Mustafizur Rahman Vs. State, 1985 BLD 335; Lal Mia Vs. t......ling an appeal is to be counted from the date of knowledge of conviction. The above view is taken in an appeal arising out of a case under section 457 of the Penal Code in respect of which no special law of limitation has been prescribed. In the case of the above nature where limitation has not been..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. .......92 in response to notice dated 19.2.91 under section 6 of the Ordinance claiming compensation for the acquired land after service of notice under sections 3 and 6 of the said Ordinance correctly and according to law correctly writing the quantity of land acquired. Revised drawing was prepared and a......r Petitioners (In Writ Petition No. 554 and 1059 of 1992). S R Pal with Tofazzal Islam and ABM Bayazid ‑ For Petitioners (In Writ Petition Nos. 661 and 1060 of 1992). AK Hasan Ariff, Deputy Attorney‑General with Md. Fazlul Haque, Assistant Attorney‑General ‑ For the Respondent Nos. 1�......l Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of petitioner's lands in question should not be declared to have been made without lawful authority and of no legal effect. Those Rules are disposed of by this judgment as common ques..

Category: Property Law | Date: | Hits: 79

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

....e evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, when the inference of gui...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......��………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar Hossain, Assistant Attorney General -For the appellant. Md. Abdur Razzak with Saira Fairoz and Afifa Begum, Advocates ......as sent to the Divisional Special Judge, Khulna and was registered as Special Case No.18 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 15.5.2003 and proceeded with trial. The prosecution in order to prove its case ex..

Category: Criminal Law | Date: | Hits: 97

State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)

....e evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, when the inference of gui......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......�……………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar Hossain, Assistant Attorney General- For the appellant. Md. Abdur Razzak with Saira Fairoz and Afifa Begum, Advocates ......as sent to the Divisional Special Judge, Khulna and was renumbered as Special Case No.16 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 5.6.2003 and proceeded with trial. The prosecution in order to prove its case exa..

Category: Criminal Law | Date: | Hits: 101

State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

....e evidence and acquitted the respondents. An appeal against acquittal may be entertained when the impugned judgment is perverse, or so unreasonable that its maintenance would amount to miscarriage of justice. Any such appeal can be allowed only in exceptional circumstances, when the inference of gui......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......�……………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar Hossain, Assistant Attorney General -For the appellant. Md. Abdur Razzak with Saira Fairoz and Afifa Begum, Advocates-......s sent to the Divisional Special Judge, Khulna, and was renumbered as Special Case No.13 of 2003. The learned Divisional Special Judge framed charge against the respondents under the said sections of law by order dated 15.4.2003 and proceeded with trial. The prosecution in order to prove its case ex..

Category: Criminal Law | Date: | Hits: 86

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....well established and enshrined in numerous decisions by eminent Judges of the Superior Courts of this sub‑continent. Indeed it was necessary to recognise this rule for ensuring real and substantial justice between the contending parties seeking justice in Courts, whether Civil or Criminal. Taking ......yed for was passed earlier, Mr. Ruhul Amin II, the learned Advocate appearing for the petitioner prayed for passing an order allowing him to make necessary amendment sought for in the application and accordingly the prayer was allowed on 22.1.92, being not opposed by the learned Advocate appearing f......abibur Rahman Khan J Muhammad Abdul Mannan J Dr. Kazi Mozammel Hoque...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) ......ve provision made in the second part of the order of the Magistrate for keeping the girl in judicial custody. The learned Advocate, therefore, submits that the, Sessions Judge also seriously erred in law in maintaining the order of the learned Magistrate so far it relates to keeping the victim girl ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ce LI of 1977 incorporated by Ordinance XV of 1987. 2. The petitioners in this case are 12 in number. They are workers and workmen under the Bangladesh Rural Electrification Board which is a statutory body constituted under Ordinance number LI of 1977. It is the case of the petitioners that this......tion and one part‑time member to represent the integrated Rural Development Programme to be nominated by the Local Governmental Rural Development and Co‑operative Division. This Board under the law had the main function to organise the prospective consumers of electricity into formal and infor..

Category: Labour and Industrial Law | Date: | Hits: 204

Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)

.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......on and was a resident in the taxable territories for the previous year ending on 31.12.1970 as the control and management of the affairs of the assessee company was situated wholly in Pakistan, which according to definition given in the Act, is taxable territory as the previous year ended before Mar...... against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......lared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on and from 26.3.1971 to the whole of Bangladesh the taxing authorities in Bangladesh had no lawful jurisdiction to tax the income, profit and gains of the previous year of the assessee which e..

Category: Fiscal/Taxation Law | Date: | Hits: 109

State Vs. Dipu Mondal, 2010, 39 CLC (AD)

.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ...... to the place of occurrence, held inquest on the dead body, sent the death body to the morgue and after receipt of the postmortem report, it was ascertained that the death was homicidal in nature and accordingly he lodged an FIR against the victim's husband Dipu Mondal. 4. Accused respondent plea...... Surendra Kumar Sinha J The State .....................................................Petitioner Vs. Dipu Mondal ...................................................Respondent Order October 7, 2010. Lawyer Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hos......e must be held responsible for the death of his wife. No explanation has been offered by the accused Dipu Mondal. about the death of his wife which is not reasonable and his conduct is offensive in law and as such strong presumption of his guilt can be reduced holding him responsible for the dea..

Category: Procedural Law | Date: | Hits: 81

Firoz Ali and others Vs. State, 2010, 39 CLC (AD)

....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......ed, and what is more relevant is the frame of the petitioners mind, the number and a nature of injuries and the part of the body selected for inflicting them. Learned Counsel further contended that according to the prosecution story all the six accused persons including the petitioners participa....... Lawyers Involved: AFM Mesbauddin, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the High Court D......e Penal Code against the appellants beyond reasonable doubt." 4. Mr. AFM Mesbauddin, the Counsel appearing for the petitioners contended that the learned Judges of the High Court Division erred in law in maintaining the conviction and sentence of the petitioners in failing to consider that the al..

Category: Criminal Law | Date: | Hits: 71

Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)

....discarded the evidence of eye witness of the occurrence without at all discussing the same and in coming to its decision totally misread the post-mortem examination report which caused miscarriage of justice. The learned Deputy Attorney General submitted that the trial court properly considered the ......Mochi and others Vs. State of Bihar, reported in AIR 2002 Supreme Court 1965. No case has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......rul Haque J Nantu Biswas and others.................................Petitioners Vs. The State ……………………………………………………………Respondent Judgment October 20, 2009. Case Referred to- Krishna Mochi and others Vs. State of Bihar, AIR 2002 Suprem......uitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submitted that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of conviction and sentence on certain untenable a..

Category: Criminal Law | Date: | Hits: 48

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