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Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petiÂtion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......has yet been disposed of, as such; the question of douÂble jeopardy does not arise at this stage. If the ingredients of any offence under the Penal Code arc present, the petitioner may be prosecuted accordingly, otherwise not. In the same manner if the ingredients of section 138 are present, the la......, 2009. Lawyers Involved: Maqbul Ahmed, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.131 of 2008. (From the Judgment and order dated 06.02.2008 passed by the High Court ...... If the ingredients of any offence under the Penal Code arc present, the petitioner may be prosecuted accordingly, otherwise not. In the same manner if the ingredients of section 138 are present, the law will take it own course. The learned Magistrate is at liberty to proceed accordingly. Under s..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ............Respondents Judgment April 13, 2010. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.220 of 2009. (From the judgment and order dated 19.3.2009 passed by the High Court D......absolute and set aside the order of the learned Additional Sessions Judge. 5. Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the petitioners argues that the High Court Division erred in law in failing to appreciate that the learned Additional Sessions Judge accordÂed permission for wi..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in conÂnection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......chua, District-Bagerhat in conÂnection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......J Surendra Kumar Sinha J The State.......................................................Petitioner Vs. Md. Anisur Rahman Sheikh……………………….......Respondent Order October 7, 2010. Lawyers Involved: Bismader Chakraborly, Deputy Attorney General, instructed by ......ue to hemorrhage and shock resulted from above mentioned injuries which was ante-mortem and homicidal in nature". The learned Deputy Attorney General also argued that the High Court Division erred in law in observing that P.Ws.4 and 8 did not corroborate the testimony of the informant Sheuli Begum (..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ...... go astray and forget the teaching of Quran and Sunnah. The principal themes of the book are that Prophet Hazret (SM) is not the last Prophet and there shall be further revelation when time comes and according to the promises of Allah. He sent in the first part of 1400 Hizri Hazrat Mirza Golam Ah.....................Respondent Judgment September 18, 1986. Result: The Rule fails. Lawyers Involved: ASM Wahidul Momin Chowdhury, Advocate ‑ For the Petitioner. MM Hoque, Deputy Attorney‑General ‑ For the Respondent. Writ Petition No.407 of 1985. Judgment Sultan Hoss......ting their religious beliefs and faith. The petitioner has submitted that every citizen has a right to follow, practice and preach his own thoughts on religious beliefs and faith within the bounds of law, public order and morality and as such the order of forfeiture of the book must be held to have ..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....f the plaintiff. According to the plaintiff, the order of dismissal passed by defendant No. 2 under the sign4ture of defendant No. 3 is illegal, inoperative, void and against the principle of natural justice. The said dismissal was done with a motive to give a stigma to the good name and reputation ...... of the Chittagong Steel Mills there arose some misunderstanding between the plaintiff and defendant No. 2, the Chairman, The plaintiff protested against some of the actions of defendant No. 2 which, according to the plaintiff, were detremental to the Mill itself. Out of grudge defendant No. 2 the Â......ngineerÂing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Di......aration that the plaintiff is still in service of the defendants on usual terms and conditions. 3) For cost of the suit. 4) For any other relief or reliefs which the plaintiff is entitled to in law and equity. 3. The defendants filed a joint written statement on 5.3.84. The case for the def..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....er of dismissal for default. 2. Mr. Abdus Salam Khan submits that in view of the facts and circumstances of this case the learned SCC Judge passed the order of dismissal of the suit resulting in injustice to the plaintiff. He further submits that as the petitioner filed an application within five......: 25. "Revision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." ......te Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant filed an application for adjournment but the Court rejected the petition.......ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the qu..Category: Procedural Law | Date: | Hits: 104
....p between the petitioner and the respondent No. 2 was not happy and that it would not be proper to thrust the respondent No. 2 upon the unwilling master by ordering his reinstatement and that ends of justice would be met if the dismissal order was converted into an order of termination with immediat......(Standing Orders) Act, 1965, hereinafter referred to as "the said Act" stating inter alia that he was a permanent worker under the petitioner and he had a clean service record and discharged his duty according to instructions of his superiors. He was served with a charge‑sheet dated 5.1.83 for mis...... 411 of 1985.
Judgment
Nurul Hoque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Com......nts to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ...... plaintiff was given understanding by the said Amir Market branch that a sum of Tk. 90,687.00 was due to the bank upto 4.11.80 an account of the aforesaid Letter of Credit and the bill. The plaintiff accordingly deposited the sum of Tk. 90,687.00 in the name of pro‑deft. No. 2 Shafi & Co. for ......llowing plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,59,265.00 with interest at the rate of 15% per annum from 27. 1.80 till realization. 2. The plaintiff who claimed himself to be a businessman filed the aforesaid Money Suit No. 6 of 1984 on 2.2.84 for recovery of the sum o......et branch of defendant No. 1 never illegally or arbitrarily withheld the shipping documents and whatever time was required for the release of the shipping documents it was required to comply with the lawful formalities. So, the defendant No. 1 is in no way liable for the payment of Tk. 4000.00 as in..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....ur utter frustration and helplessness in such matter. If the subordinate Courts go on nullifying orders of the Higher Courts then there will be complete indiscipline in the field of administration of justice and people's confidence in the judiciary will be shaken. 9. The only course open to the o......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460....... Tripura Modern Bank Ltd.................................Petitioner Vs. Sunil Kumar Rajgharia and others...................Opposite‑Parties. Judgment August 7, 1990. Cases Referred to- Bishnu Bijoy Vs .Chandra Bijoy, AIR 1955 Cal 281; Hakeem Syed Mohammad Taqui Vs. Fatch Bahad...... Court and by judgment dated 18.1.81 the said appeal was allowed and the judgment and order of the executing Court was set aside and directed to dispose of the execution proceeding in accordance with law. It further appears that no appeal was preferred by the judgment‑debtor against the aforesaid ..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....but would be deemed to be a warrant of arrest as if issued from the Court of Magistrate and the detenu if thereafter did not surrender, would violate an warrant of arrest and would be a fugitive from justice and the order thereafter would no longer be preferable to the detention order, which is an e......in custody under orders, passed under section 3(1) of the Special Powers Act and detained as a security prisoner. There is no dispute also that Anwar Hossain Monju had not been taken into custody, as according to the detaining authority he evaded arrest and just absconded but according to the petiti......y J Habibur Rahman Khan J Anwar Hossain Monju....................Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 1......me of 7 days staling reasons for not appearing before the DIG. Prisons as directed by the Government, by his letter dated 28.1.91 and 28.3.91 where it has been stated that due to deterioration of the law and order situation at the Dhaka Central Jail at that time the petitioner for his personal safet..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ...... the father of the deceased, lodged an information with the Sutrapur Police Station claiming that his daughter has been murdered by his son‑in‑law or by someone in her father-in‑law's house and accordingly UD Case No. 8 dated 17.4.80 was started. The SI of Police Kanchan Ali Talukder of Sutrap......seruddin Ahmed J Habibur Rahman Khan J Tariq Habibullah....................................Appellant Vs. The State.............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: ......ecting the occurrence to be one of murder Nawab Miah, the father of the deceased, lodged an information with the Sutrapur Police Station claiming that his daughter has been murdered by his son‑in‑law or by someone in her father-in‑law's house and accordingly UD Case No. 8 dated 17.4.80 was sta..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429....... property and the defendant No. 1 admitted the ownership and title of the plaintiff in paragraph 7 of the written statement (5) that instalments were not paid by M/s. Rana Tractors and Equipments Ltd according to the terms of the compromise decree and unless a final decree was passed ownership of th......zi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DL......dustries Ltd by virtue of Government orders dated 16.9.72 and 18.10.72. In our view the aforesaid pleading was very clear and sufficient to understand the defence case and there was no requirement of law at the time of filing the written statement on 3.7.1978 by defendant No. 1 to produce in Court a..Category: Property Law | Date: | Hits: 69
...., sections 9, 10(3) and 11 of the said Act are ultra vires of the Constitution. There having been no redress of the petitioner's case, it has filed this Writ petition after serving a notice demanding justice. The petitioner also filed some supplementary affidavits which are on record.
3. The resp......al number of members to represent the employers in relation to newspaper establishments and newspaper employees to be appointed by the Government in constituting the Wage Board and the Wage Board was accordingly constituted and the members of all categories participated in the day‑to‑day proceed......f Bangladesh, represenÂted by the Secretary, Ministry of Information, Bangladesh SecretaÂriat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-
Tariq Transport Company Vs. The Sargodha Bhera Bus Service, PLD 1958 (SC) (Pak) 477 = 11 DLR......t be declared unconstitutional and/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is that the petition..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....uation of the original proceeding against the accused petitioner and others is an abuse of the process of law and Court and hence the criminal proceeding is liable to be quashed to secure the ends of justice. 6. Mr. Abdul Hamid Chowdhury, the learned Advocate has referred to section 196, which pr......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......Rahman Khan J Jamir Sheikh(Md.)………………..................Petitioner Vs. Fakir Md. A Wahab & another………..Opposite Parties. Judgment July 17, 1990. Cases Referred to- Abdul Quader Chowdhury & ors. Vs. State 28 DLR (AD) 38; Dhirendra Nath Bera Vs. Nurul Hu......ovision of section 196 of the Code of Criminal Procedure and as such the initiation and continuation of the original proceeding against the accused petitioner and others is an abuse of the process of law and Court and hence the criminal proceeding is liable to be quashed to secure the ends of justic..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......Rules, 1982 as the petitioner's remedy was to file an application before the Administrative Tribunal for implementing the decision or the order of the Administrative Appellate Tribunal dated 23.4.87. according to the procedure laid down in the said Rule 7 but the petitioner failed to exhaust that re........................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali...... advocate appearing for the petitioner, has submitted that the impugned order contained in the memo, Dated 19.5.87 under the signature of respondent No, 1 is in violation of the cardinal principle of law that no one should be vexed twice for the same offence and is also in contravention of Article 3..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......nsfer of Property Act and that the plaintiff is still holding the land in his possession, the order of determination of lease suffers from legal infirmities. The learned Advocate further submits that according to the terms of the deed the notice must be of the duration of one calendar month and such......……………………………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 3...... property from the defendant No. 1 by executing a standard lease deed on 21st March, 1968 which was later on registered on 19.4.68. The plaintiff was required to abide by the rules, regulations, by‑laws and the terms and conditions of the said deed. The plaintiff having failed to comply with the t..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainÂable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......leged purchase was of no avail to the petitioner and have not acquired any locus standi. Moreover, as the alleged purchase was made at a time when the property has already been declared abandoned and accordingly vested in the Government as abandoned property rendering the deed of transfer in favour ......espondents Judgment June 4, 2009. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Mahbubey Alam, Attorney General-For the Respondents. Civil Appeal No.90 of 2004. (From the judgment and order d......session of the premises partly as their residence and on monthly basis rented as shops and posÂsessed through their tenants, listing of the property in the 'Ka' list of abandoned property is without lawful authority and as such, the rule nisi issued by the High Court Division should have been made ..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....orted forgery in enlisting their names in the MFC stopped their salaries on the basis of the recommendation made by the Deputy Commissioner, Nature. There was no violation of the principle of natural justice in issuing the impugned order. The writ petition is liable to be dismissed. 4. The High C......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ....... Md. Tarikh-ul-Islam and others ...............................................................Respondents Order November 11, 2010. Lawyers Involved: Akram Hossain Chowdhury Deputy Attorney General, instructed by Md. Shamsul Alam, Advocate-on-Record-For the Petitioners. AF Meshb......icial mind made the rule absolute in failing to consider that the writ petition itself is not maintainable. The learned Deputy Attorney General further contended that the High Court Division erred in law in holding that the Directorate of Education or the Deputy Commissioner or the Upazilla Nirbahi ..Category: Employment/Service Law | Date: | Hits: 58
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
....r Sinha J. - The subject matter of these petitions are similar and the parties involve in these petitions are same. Accordingly, these petitions are taken up for analogous hearing for the interest of justice and to avoid repetition. 2. Civil Petition No.1246 of 2010 arose from the judgment and or....... 3 is also directed to file the concise statement withÂin 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......dents (In Civil Petition Nos.1246 and 1712 of 2010) Order November 11, 2010. Case Referred To- State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604. Lawyers Involved: Registrar, Joint Stock Companies and Firms and others-Respondents (In Civil Petition No.1153 of 2010.) M. Amirul Is......the rules. In Writ Petition No.7610 of 2008, the High Court Division repelled the contention raised by the learned Advocate for the petitioners that the learned Chief Metropolitan Magistrate erred in law in not examining the complainant under section 200 before sending the complaint to the police fo..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......r the Petitioner. Mrs. Tania Amir, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not repÂresented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the High Court ......rs only required to perform quasi judicial function but it has exceeded the jurisdiction in entertaining the application. 6. It is contended by the petitioner that the High Court Division erred in law in failing to consider that her removal from the office of the Managing Director was nulliÂty, ..Category: Company Law | Date: | Hits: 175
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