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Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......37 Cr.P.C. and pardon may be given to him in the interest of the case. I further beg to inform you that I already submitted a prayer in this respect on 3.12.80. Necessary action may kindly be taken accordingly. Sd. N.R. Khan (Assistant Superintendent of Police) C.I.D. Bangladesh, Camp ......: FHM Habibur Rahman J Mahmudul Amin Chowdhury J Angur………………….. Appellant Vs. State…………………... Respondent Judgment September 1, 1988. Cases Referred to- Bipin Behari Vs. State of West Bengal, AIR 1959 (S.C.) 13, Ali Vs. Emperor, AIR 1925 Lahore 1......convict Angur preferred this appeal. 13. Mr. Shawkat Ali Khan, the learned Advocate appearing on behalf of the appellant submits that the prosecution and conviction of the appellant are bad in law as they are in violation of the provision of sub-sections (1) and (3) of section 339 of the Co..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... Md. Azad Shaikh alias Azad SK......................Appellant Vs. The State..........................................................Respondent Judgment June 30, 1988. Cases referred to: Habibur Rahman Vs. The State, 1988 BLD (HD) 210, Zaheda Bewa & another Vs. The State,1985 BL......ode of Criminal Procedure with minute particularity so as to ensure that the confessing is absolutely free from the slightest tinge or taint of extraneous influence," "It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & another Vs. The S..Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57....... face of the record itself that the officer of the authority concerned has failed to discharge his duty that a direction of the nature contemplated by Article 98 will issue." 10. Annexure 'A’ according to the petitioner is the foundation of the petitioner's claim to title to the office of ......in J Abdul Mukit Chowdhury..................Petitioner Vs. The Chief Election Commissioner & others...........................Respondents Judgment December 6, 1988. Cases Referred to- Presiding Officer Vs. Sadrauddin Ansari, 19 DLR (S.C.) 516, N.P. Ponnswarmi Vs. The Returnin......y of the conducting staff and the voters pollings were stopped there. But in each and every Polling Centre there were interruptions and disturbances and polls could not be held in accordance with law and therefore he prayed for taking necessary action. But despite the fact that election was st..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51...... S.R. Paul with S.K. Sinha and Mohammad Hossain, Advocates — For the Respondents. Writ Petition No. 14 of 1988 Judgment Qazi Shafiuddin J. - This Rule calls upon the respondent Nos. 1-5 to show cause why the election of the Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.8......nd 11.4.88 and the declaration of the respondent No. 5 as elected Chairman of the said Union Parishad, despite his being statutorily disqualified, should not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner a..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......plaint. The High Court Division rightly restored the suit its file and number allowing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644....... Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Sonali Bank represented by its Managing Director and another…….........Petitioners Vs. Meghna Vegetable Oil Industries Ltd. & ors......int was rejected on erroneous ground that there was no cause action for filing the suit. The High Court Division considered the agreement and found that the terms and conditions are not barred by any law and relate to the adjustment of the loan liabilities of the plaintiff appellants and the defen..Category: Procedural Law | Date: | Hits: 81
.... mainly on the grounds amongst others that the Court of Appeal below by misreading the evidence on record allowed the appeal with wrong findings and came to an erroneous decision causing failure of justice. It is the case of plaintiff that in the C.S. Khatian No. 545 in the relevant column it is s...... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......010.
Lawyers Involved:
A.B. Roy Chowdhury, Advocate intruded by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1800 of 2009.
(From the judgment and order dated the 25th day of May, 2009 passed b...... বিষয়ে বিতর্কের কোন অবকাশ নাই”। The learned Advocate further submitted that the High Court Division as well as the Court of Appeal below erred in law in discharging the Rule on non-reading and misreading of material evidence on record and on mis..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......xes in view of the fact that the substituted provision of section 153(3)(a) of the Income Tax Ordinance came into being on 30-6-95 by the Finance Act, 1995 and the appeal was preferred on 15-7-95 and accordingly the assessee appellant in preferring the appeal before the Appellate Additional Commissi......t the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......et aside the order of the Appellate Additional Commissioner of Taxes and directed the Appellate Additional Commissioner of Taxes to hear the appeal on merit and dispose of the same in accordance with law. 3. The applicant has formulated the following question of law which is said to arise from th..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....y wrong in convicting and sentencing the accused appellants under sections 386/387 of the Penal Code without properly weighing and sifting he evidence on record and the same has occasioned failure of justice. The learned Advocate further submits that regard being had to the fact that the prosecution....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......gment August 7, 2001. Lawyers Involved: Nahirul Alam Bahar with M Moazzam Hussain, Riasuddin Khan and SM Shajahan Kabir, Advocates — For the Appellants. AQ Rashid Ahmed, Assistant Attorney-General — For the State. Criminal Appeal No. 2427 of 1999. Judgment Gour Gopal Sah....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......t and he is entitled to make the counter-claim in respect of the said amount along with his damages to the extent of Taka 5,98,700 and also the rentals of the godown for the relevant period, as such, according to his written statements, as supported by him in his deposition, comes to Taka 17,71,100 ......he judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin Case No. 27 of 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made on behalf of Messers Sygol Brother......rder was recorded by Order No. 30 on 11-10-1990 and since 31-7-1990 this suit will be prosecuted in accordance with the provisions of Artha Rin Adalat Act (‘the Act’ for short) which is a special law. According to section 3 of the Act the provisions of this Act will be effective notwithstanding ..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....eged bias. The transfer of a case from one district to another district is a matter of grave consequences and such an order for transfer can be made only when it becomes imperative in the interest of justice, clearly dictated by exigency. Ordinarily every case must be tried and disposed of by the Co......t they will not get a fair and impartial trial at Barisal so as to justify the transfer of the case from Barisal to another District. We therefore, find no substance in the revision case, which fails accordingly. 8. In the result, the Rule is discharged. Since charge-sheet has already been submit......……….. Petitioners Vs. State……….. Opposite Party Judgment April 9, 2002. Lawyers Involved: Mostafa, Advocate — For the Petitioners. SM Aminur Rahim, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 8044 of 2001. Judgment Go......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457...Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......h the filing of the aforesaid suit, the respondent No. 4 also filed an application for injunction restraining the respondent No. 3 from delivering possession of the said godowns to the petitioner and accordingly, injunction order was passed. 6. On 4-2-1996 the respondent No. 3 Bangladesh Jute Cor......tes—For Respondent No. 3. MR Hasan, Advocate—For Respondent Nos. 4. Writ Petition No. 628 of 2000. Judgment Kazi AT Monowaruddin J. - This Rule was issued calling upon the respondents to show cause as to why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not b......din J. - This Rule was issued calling upon the respondents to show cause as to why the impugned letter dated 21-6-1999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godown..Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......dvocates—For the Petitioner.
Shaheed Alam, Advocate—For the Respondents.
Writ Petition No. 4095 of 1999.
Judgment
Md. Marzi-ul Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been m......
Judgment
Md. Marzi-ul Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and of no legal effect.
2. The case of the petitioners Mrs. Doris Begum is that ..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....plaint, no criminal offence is disclosed and at best it can be a civil liability and, as such, the proceeding itself is an abuse of the process of the Court and the same should be quashed for ends of justice. By subsequent supplementary affidavit he filed some documents showing that accused petition...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......vs. State 51 DLR 299. Lawyers Involved: Mohammad Ali Zinnah, Advocate—For the Appellant. Md. Khurshid Alam Khan, Advocate—For Opposite Party No. 1. ABM Waliur Rahman Khan, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No. 3846 of 2001. Judgment Md......-2001 under section 406 of the Penal Code. 4. The petitioner being aggrieved by the order of taking cognisance under section 406 of the Penal Code and framing of charge in the aforesaid section of law preferred this Miscellaneous Case under section 561A of the Code of Criminal Procedure. 5. Mr..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... in India without being by the then Embassy of Pakistan. Mr. Shahid submits that the appellate Court while decreeing the suit failed to consider this legal position of the case occasioning failure of justice in decreeing the suit. Mr. AFM Shahid in support of his contention has referred the case of ......their home District Noakhali and upon their approach to exchange their ‘A’ scheduled land with the ‘B’ scheduled to the plaint which belonged to the plaintiffs they agreed to the proposal and accordingly, on 24-5-1963 the owners of the ‘A’ scheduled properties Gopal Chandra Pal and 10 ot......ivil Revision No. 110 of 1994. Judgment MA Wahhab Miah J. - This Rule was obtained by the heirs of deceased defendant Nos. 7, 8 and other defendants against the Judgment and decree dated 31st October, 1993, passed by the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 reversing those......n 33 DLR (AD) 124. Mr. Shahid lastly, submits that the appellate Court passed the impugned Judgment and decree without the consideration of these legal aspects of the case and thus committed error of law resulting in an error in the decision occasioning failure of Justice and, as such, the same call..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......n being No. 754 of 1995 which was made absolute with a direction to the Special Judge, Cox’s Bazar to proceed with the case as provided under section 6(5) of the Criminal Law Amendment Act 1958 and accordingly, the learned Special Judge took cognizance of the case against the accused petitioners a......, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate — For the Petitioner. (In Criminal Revision No. 578 of 2000) M Farooq, Deputy Attorney-General with Shueb Ahmed, Assistant Attorney-General — For the State. Criminal Miscellan......able to be quashed. He further submits that the learned Divisional Special Judge committed an illegality in framing charge of non-schedule offence with the schedule offence and that this violation of law also renders the framing of charge against the accused petitioners illegal for which the proceed..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......n initially contested the matter before the Labour Court in Industrial Relations Ordinance Case No.43 of 1993, initiated by the Registrar of Trade Union but did not contest at the time of hearing and accordingly the Labour Court disposed of the case on merit holding Respondent No.4 is not an establi......h Abdul Mannan Khan and Mahmudul Haq, Advocates — For the Respondent No. 4.
Writ Petition No. 1677 of 1995
Judgment
SAN Mominur Rahman J.- Rule Nisi was issued calling upon the respondents to show cause the judgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation o......er dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitioner’s Union vide Memo No. RTU (22) 97/642/1 (7) dated 15-8-1994 shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petition..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... utilisation permits and all other documents. In Writ Petition No. 2968 of 2001 the petitioner also filed a supplementary affidavit dated 16-7-2001 wherein they have annexed the copy of the demand of justice notice dated 12th July, 2001 and by another supplementary affidavit dated 18-7-2001 the peti......atements made by petitioner in paragraph Nos. 3(g) to 3(m) of the petition it has been asserted that the inquiry committee detected some fake documents and also found discrepancy in some document and accordingly, served a show cause notice with an order of temporary suspension of the bonded warehous....... Respondents Judgment August 13 and 14, 2001. Lawyers Involved: M Amir-ul Islam with Dr. Shirin S Chowdhury and Manzil Murshed, Advocates—For the Petitioner. AM Aminuddin, Deputy Attorney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Peti......orney-General, Mustafa Zaman Islam, Assistant Attorney-General— For the Respondents. Writ Petition Nos. 2718 of 2001 and 2968 of 2001. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these two Writ Petitions, They are heard together and are being dispos..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... Present: Amirul Kabir Chowdhury J Abdul Aziz J Ferdousi Islam………….………………….Petitioner Vs. Nur Mohammad Kha and others………… Respondents Judgment October 25, 2000. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioner. AKM ......suffers from illegality and thus calls for interference. It there is any other case, ending in charge-sheet against others including the petitioner, the said case may be dealt with in accordance with law. But existence of any such case cannot entitle the accused opposite parties to be discharged und..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....nds that it is well settled in a number of decisions of our court and some other Courts of the Subcontinent that formal defect or mistake should be given a wide and liberal meaning in the interest of justice which will have no bearing on the merit of the case. He also contends in this connection tha...... may be effected under Order XXIII rule 1(1) CPC even without any permission or leave of the court at any stage; but for withdrawal of a suit with liberty to sue afresh on the self cause is necessary according to sub-rule (2) of rule 1 Order XXIII of the Code of Civil Procedure and in the instant ca......sented — For the Opposite Party. Civil Revision No. 4607 of 1995. Judgment N K Chakravartty J. - The Rule at the instance of plaintiff-petitioner was issued calling upon the Opposite Party to show cause as to why the judgment and decree passed in Title Appeal No. 192 of 1993 by the learne...... the beginning of the hearing of the case, but because of his own bona fide mistake and oversightedness and due to old age he could not do so and for this his client, however, should not suffer. When law provides that withdrawal simpliciter of a suit may be effected under Order XXIII rule 1(1) CPC e..Category: Procedural Law | Date: | Hits: 83
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......e authority for allowing him to enter into the campus but neither the petitioner nor his devotees were allowed to enter into the campus to perform their religious duties. This action of the authority according to Mr. Fazlul Karim, is violative of fundamental right as guaranteed under Article 41 of t......s. Hossain Mohammad Ershad 52 DLR (AD) 172.
Lawyers Involved:
Fazlul Karim with Rafiqul Islam, Rabia Bhuiyan and AKM Mujibur Rahman, Advocates—For the Petitioners.
Tariqul Hakim, Deputy Attorney-General with Zaman Akhtar, Assistant Attorney-General Kamrunnessa, Assistant Attorney-General......ernment and private, were damaged and some innocent civilians lost their lives. Mr. Hakim submits that under such circumstances the local administration had to take action and in order to restore the law and order situation, police entered into the campus and drove away the rival groups who were eng..
Category: Property Law | Date: | Hits: 25
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