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Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......itting the accused (or convicting as the case may be) was without jurisdiction and could only operate as an order of discharge; the accused had not been tried by a court of competent jurisdiction and accordingly section 403(1) of the Criminal Procedure Code was no bar to the institution of a fresh p......— For the Petitioner. Md. Ismail, Advocate—For the Respondent No. 3. Writ Petition No. 3501 of 1997. Judgment Syed Amirul Islam J. - This Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Ju......sions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitione..Category: Criminal Law | Date: | Hits: 56
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370....... alias Mobarak Ali Mondal Vs. Peoples Republic of Bangladesh and others, 50 DLR 10. Lawyers Involved: Md. Khurshed Alam Khan, Advocate-For Condemned Prisoner. Bazlur Rahman Chhana, Deputy Attorney-General with Md. Abdur Rouf Assistant Attorney- General—For the State. Death Reference N......earned Additional Sessions Judge, 1st Court, Kushtia along with 12 others. The prosecution examined as many as 20 witnesses. During trial the condemned prisoner was in custody. He did not appoint any lawyer of his own choice and no lawyer was appointed on behalf of the state to defend him as it appe..Category: Criminal Law | Date: | Hits: 47
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......onal Jurisdiction)
Present:
Md. Ali Asgar Khan J
SK Sinha J
Abdul Hamid Khan, GM, Daily Banglar Bani (Modhumoti Mudranalya).......Accused Petitioner
Vs.
Md. Abul Kashem (Ex Senior Retoucher of Banglar Bani)………Complainant-Opposite-parties
Judgment
July 4, 2000.
Lawyer......Shuab Ahmed, Assistant Attorney-General-For the State.
Criminal Revision Case No. 874 of 1994 with Criminal Revision Case No. 875 of 1994.
Judgment
SK Sinha J.- Since facts and points of the law involved in these Rules are identical they were taken up together for hearing and this judgment ..
Category: Labour and Industrial Law | Date: | Hits: 184
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ...... the basis of bainapatra and delivered possession to this defendant. This defendant further alleged that as Chandra Mohan did not execute and register the sale deed on the basis of the bainapatra and accordingly, after the death of Chandra Mohan, this defendant No. 3 filed Title Suit No. 156 of 1983...... Choudhury J Bijan Kumar Das J Kala Miah…………………..Appellant Vs. Gopal Chandra Paul and others………………….Respondents Judgment July 6, 1998. Cases Referred to- Hari Kison Pandy vs. Nageswari Debi, 8 DLR 65; 531A 89; AIR 1930 Patna 610 (Harihar Prasad vs......Suit No. 298 of 1983 and subsequently on the prayer of the plaintiff this suit was withdrawn. The defendant asserted that the plaintiff has filed this suit on the same cause of action which is bad in law. This defendant further asserted that one Prasanna Kumar Paul and the present plaintiff in collu..Category: Property Law | Date: | Hits: 51
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......urt
High Court Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
......n the respondents to show cause as to why the impugned order contained in Memo No. 485/DAB(Dhaka) dated 8-4-96 (Annexure-A) issued by respondent No. 2 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts leading to the issuance of the Rule may ..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....e. The petitioner No. 1 further states that it does not claim rebate. And for such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued notice demanding justice to the respondents on 6-11-1997 to desist them from charging the full amount and to refund t......hich I do not want to re-state now as that will be dealt with at a later stage in this judgment. Respondents in paragraph 4 of the Affidavit-in-Opposition denied the statement of the petitioners that according to the permission given by the respondents the petitioner No. 1 imported the equipments. T......hipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others, 39 DLR (AD) 85; Banglades......e petitioner company to pay charge rates as per Tariff Item No. 4-1-1 of the Schedule of Charges published in Bangladesh Gazette Part VI on 10-1-1991 shall be declared to have been passed without any lawful authority, arbitrarily, malafide and void and why the respondents shall not be directed to re..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
.... 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. ...... the land save the right to have compensation and cannot question the manner of use and utilisation of the land by the requiring body. 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 Repo......Commercial Trust of Bangladesh Ltd. and others, 46 DLR (AD) 89; 27 DLR 597; 51 DLR (AD) 84. Lawyers Involved: Fida M Kamal, Advocate—For the Petitioners. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. ......assed by the respondent No.4 and subsequent notices dated 8-6-79 under the signatures of respondent No.3 in connection with LA Case No.127/61-62 should not be declared to have been passed without any lawful authority. 2. Common question of law seems to be involved in all the Rules, we, therefore,..Category: Criminal Law | Date: | Hits: 37
Shaheb Ali & others Vs. State, 2000, 29 CLC (HCD)
....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. ......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. ...... March 6, 2000. Case Referred To- HM Ershad Vs. State 45 DLR 533. Lawyers Involved: Mizanur Rahman with Md. Rahmat Ali, Advocates—For the Appellants. AKM Zahirul Hoque, Assistant Attorney-General—For the State. Criminal Appeal No.157 of 1999. Judgment Md. Ali Asgar Khan......cused appellants under section 25B of the Special Powers Act as there is absolutely no evidence against them and the continuation of the proceedings should be an abuse of the process of the court and law for which this appeal should be allowed after setting aside the impugned order. Accordingly, ..Category: Criminal Law | Date: | Hits: 47
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....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. ......ed pre-shipment agency and at the time of hearing of the appeal the Appellate Tribunal asked all the parties including the petitioner to produce the relevant papers and documents, which had been done accordingly. After careful scrutiny of the papers and documents in the relevant file and produced by......ivision (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Awlad Ali J Sharif and Brothers….............................Petitioners Vs. Commissioner of Customs and Others……………. Respondents Judgment February 13, 2000. Cases Referred To- ......12-97 in File No. CEVT/Case/ (CRF) Review-Chatta- 07/97 relating to the cancelling of CRF by the Review Committee, Chittagong vide order dated 28-7-97 should not be declared to have been made without lawful authority and of no legal effect. 2. The petitioner is the proprietor of Shariff and Broth..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ate appearing for the petitioner submits that the cancellation of the licences of the petitioner in respect of the firearms in question have been passed in clear violation of the principle of natural justice because before cancelling the licences the petitioner was neither heard nor he was given any......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......ahman J Riazuddin (Md.)……………………………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment July 29, 1999. Case Referred to- Sheik Ali Ahmed Vs. Government of Bangladesh, 40 DLR (AD) 170. Lawyers Involved: Anisul......aka (Arms-Section) issued under the signature of the Additional Deputy Commissioner (General), Dhaka, as evidenced by Annexure “B” to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner was holding the revolver and a doub..Category: Others | Date: | Hits: 105
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....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.......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.......; another…….………………Respondents Judgment January 16, 2000. Lawyers Involved: Amir-ul Islam with Manzil Morshed, Advocates—For the Petitioner. AKM Shafiuddin, Deputy Attorney-General—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Al......eding 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 Servant and he has been in service for 27 years and serv..Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....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. ......ladesh in implementing the policy of denationalisation of the Enterprises of Sector Corporation including those managed by the Muktijodda Kallyan Trust proposed to sell the enterprises on auction and accordingly, some tanneries managed by Muktijodda Kallyan Trust including Madina Tannery were put to......………….Petitioner Vs. Government 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 Pictur......cause as to why the impugned order vide Annexure C (I) issued by the respondent No.2 vide letter No. Shilpa/Shinish/I/FF-6/81 (Part-5) 53 dated 9-3-97 should not be declared to have been made without lawful authority and of no legal effect and/or unconstitutional and in violation of the petitioner..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....dge. Appellate Court has rightly and legally allowed pre-emption. There is no illegality in the judgment and order of the appellate Court resulting in an error in the decision, occasioning failure of justice. Thus this Revision has no merits. The Rule is discharged. Pre-emption is allowed. The st......nger, case land being part of a holding that is portion of a compact land., although there is no Khatian Number or plot Number of the transferred land, it constitutes a part of an agriculture holding according to section 96(1) and section 2(13) of the State Acquisition and Tenancy Act. So, pre-empti......er section 96 of the State Acquisition and Tenancy 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......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts 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)
....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. ......efence case. But his statement that the accused appellants were with him at night following the occurrence do not make the prosecution case inconsistent since the time of occurrence is 7-00/7-30 even according to DW 2 and other PWs. So the statement of PW 5 cannot be believed. The other witnesses sp......tate……………….. Respondent Judgment May 12, 1998. Lawyers Involved: Syed Ziaul Karim with Jahangir Ahmed Khan, Advocates — For the Appellants. Md. Shueb Ahmed, Assistant Attorney-General— For the State. Criminal Appeal No. 965 of 1995. Judgment Md. Abdul Matin ......ant Wahid Meah and accused Monnaf, since dead. He further stated that appellant Abu Jamal, appellant Wahid and late accused Monnaf are men of same house. Accused appellant Nannu Mia is the brother-in-law of appellant Abu Jamal and Wahid and he resides in their house as ‘Ghar Jamai’ (son-in-law) ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....resh as a casual exercise of power, without recording his satisfaction that the case comes within the ambit of Order 23 rule 1(2) of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that this sort of order evidently betrays a total lack......But whether liberty or permission is to be accorded to the plaintiff to withdraw a suit to sue afresh in respect of the same subject-matter is a matter of judicial discretion which is to be exercised according to sound judicial principle and not fancifully. If the requirements of Order 23 rule 1(2) ...... Suit No.157 of 1977, praying for declaration of his title in the suit land alleging, inter alia, that the suit land comprising an area of 1762-1/2 acres out of 3525 acres of land originally belonged to Ram Chandra Datta, who subsequently settled the said land to one Najir Sheikh on receipt of prope......his title in the suit land. 9. The learned Advocate for the opposite parties submits that the learned Subordinate Judge while passing the impugned ex parte order dated 10-6-1989 evidently erred in law in allowing the appeal and in setting aside the judgment and decree passed by the trial Court on..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ...... although the aforesaid entire of 0.47 acre of land was purchased in the name of the defendant No.3 alone but, as a matter of fact, it was purchased from the common fund of all the three brothers and accordingly it was so recorded in SA Khatian showing 1/3rd share of each of the three brothers i.e. ...... Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the judgment and degree dated 1-7-1991 and 8-7-1991 respectively passed by t......rred his said properties in favour of the defendant No.4, the alleged revocation of the gift by a deed of conciliation registered on 11-11-1982 allegedly by defendant No.3 was illegal and without any lawful effect, ‘consequently the deed of sale (Exhibit 4) did not confer any right, title or inter..Category: Property Law | Date: | Hits: 72
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....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.......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.......4 DLR (SC) 321. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Habibul Islam Bhuiyan, Khondaker Mahboob Hossain and Humayun Kabir Bulbul, Advocates — For the Petitioners. Mahmudul Islam, Attorney-General, Md. Faruq, Deputy Attorney-General — For the State. Criminal Miscellaneous Case......ill show the complicity of the three petitioners in the conspiracy to kill the four political leaders, who lost their lives in the safest of all places in the country where human life is protected by law and ensured by security from the state. He submits that there is every chance of the petitioners..Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....t of Revisional Jurisdiction under section 439 of the Code of Criminal Procedure is to confer the High Court Division a kind of paternal or supervisory jurisdiction in order to correct miscarriage of justice. The revisional power of the High Court Division vested in it by section 439 does not create......long with other accused persons Azad Mia, Abdul Kashem and Ali Ashraf advised him to take his father to the house of Abul Kalam on the false plea of talk of marriage of his sister Jahanara Begum and, accordingly, he along with his father in the evening of 19-3-1984 started for Jamira. Accused Khaleq......i Ebadul Hoque J AK Badrul Huq J Syed Ahmed…………….Petitioner Vs. Abdul Khaleque and others…………………..Opposite Parties Judgment April 1, 1998. Cases Referred to- Seraj Din vs. Kala and another, PLD 1964 SC 26=16 DLR SC 94; Lalu vs. State, PLD 1959 SC 258 ......confessional statement recorded by the Magistrate was recorded on a foolscap paper and it did not bear any endorsement as is required under section 164 of the Code and the statement is not tenable in law and the confession is no confession in the eye of law. (iii) In the First Information Report ..Category: Criminal Law | Date: | Hits: 42
Probir Kumar Chowdhury alias Tinku and others Vs. State, 1998, 27 CLC (HCD)
....ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......ted to the petitioners is recalled. They are directed to surrender before the Court below. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 42.......……………. Respondent Judgment November 25, 1998. Lawyers Involved: Kh Saiful Hoque with Kh Nazrul Islam and Maqbul Ahmed, Advocates — For the Petitioners. MA Rouf, Assistant Attorney-General — For the State. Shirin Ahmed with Faisal Mahmud Faizee, Advocate—For the Info......erned. We are, therefore, of view that the Rule has become infructuous. Petitioners may however pray for bail from the Court below which will be at liberty to consider their prayer in accordance with law. In the result, the Rule is discharged. Bail granted to the petitioners is recalled. They are..Category: Criminal Law | Date: | Hits: 33
Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)
....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.......im (Sub-Inspector of Police) is not a police report in the eye of law and, as such, the continuation of the proceeding on the basis of charge-sheet filed by sub- inspector of police is bad in law and accordingly, he submits that the proceeding is liable to be quashed. 6. Mr. Mahmud Hossain, the l...... 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-General — For the State. Criminal Miscellaneous Case No. 3617 of 1995. Judgment Md......scribed under section 409 of the Penal Code committed by the public servant is one of the schedule offences of the Criminal Law Amendment Act 1958 and, as such, only the Special Judge is empowered by law to try such cases under section 5 of the Criminal Law Amendment Act 1958 and, as such, the proce..Category: Criminal Law | Date: | Hits: 62
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