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Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....amination of the prosecution witnesses the accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence, stating that they will not examine any witnesses nor say anything. 7. The defence case as it appears from the trend of cross-exami......g of every case. It is only a complaint to get the law or order in motion. It is only an initiative to move the machinery and to investigate into a cognisable offence. It is only at the investigation stage that all the details can be gathered and filled up. The First Information Report thus cannot b......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....he Code of criminal Procedure for quashing the proceedings and rules were obtained. 4. That the High Court Division quashed the proceeding on the ground, inter alia, that no name of any accused has been mentioned in the F.I.R.; that the confessional statement of one of the accused ......lied upon or are sufficient or not. The learned Assistant Attorney general further submitted that an application under section 561A of the Code of Criminal Procedure is pre-mature at the initial stage under the facts and circumstances of the case unless the accused-respondent had gone through t......dated 24.6.1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 2693, 2993 of 1997 and Criminal Miscellaneous Case Nos. 771 and 981 of 1998 quashing the proceedings in G.R. case No. 247 of 1997 arising out of Satkhira P.S. Case No. 18 dated 19.6.1996 pe..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....that the accused and the victim together had gone upto Benapole border from the residence. But to his further query as to where the son of the informant had gone thereafter the accused could not make any satisfactory reply. The informant also wanted to know about his son from the parents of the accu......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71......., unwarranted, baseless and not maintainable, in that statements of witnesses recorded under section 161 of the Criminal Procedure Code and the charge-sheet on record provide no sufficient ground for proceeding against the accused and that facts and circumstances and materials on record provided no ..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....nder the circumstances the defendant is continuously depositing the rent and he is not a defaulter according to the observation made in Civil Revision No.2164 of 1990 and he did not violate any term and condition of the lease agreement and is fusfering huge financial loss, as the plaintiff......laintiffs as security money at the time of signing of the agreement, which was taken back by the defendant thereafter from the plaintiffs. Subsequently, the rent was enhanced and the defendant at one stage from the month of July, 1984 started depositing the rent in the Court of Rent Controller throu......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....In the said premises complainant's sister consulted the learned Advocate Mr. Abdus Shahid Shahen and served a legal notice upon the accused persons on 13-4-2003 but the accused persons failed to give any reply to the said notice. The victim Mst. Parul Khanum tried to lodge first information report w......e. On 13-6-2001 at about 11-00 PM the accused persons forced her to consume some herbal medicine in order to cause abortion but the victim Mst Parul Khanum refused to take the herbal medicine. At one stage accused No.4 Md. Muaimin Islam Hanif Khan pushed her on the floor and accused Nos. 2 to 3 forc......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
.... mandatory. If an application for setting aside such an ex parte decree is filed within the period of limitation along with an application for necessary direction and the court gives the direction on any date after expiry of period of limitation and compiled with within the time given by the court b......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ...... Procedure, 1908, (V of 1908) shall, save in so far as is otherwise provided by that Code of by this Act, be the procedure followed in a court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a de..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....aused damage of Taka 25,000. It is further stated that the accused Montu and others by touching his pistol on the forehead of Golarm Faroque, the elder brother of Shibli Sadik, warned him not to file any case and thus the accused created terror and panic in the area. The informant himself saw the oc......road; that the P.W.4 victim of the case deposed that on 24‑2‑2004 at about 7‑00 AM when he was returning home supplying food to the labourers he was hurt at random from the back side and at one stage he fell in front of the Kechigate and at 2‑30 PM he regained his sense but he could not iden......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
.... Arms Act was framed against the accused persons which was read over to them who pleaded not guilty thereto and claimed to be tried according to law. 4. During trial the prosecution examined as many as 12 witnesses out of 15 charge-sheeted witnesses. From the trend of cross-examination the defe......y proved the alleged recovery of arms and ammunition from the possession of the accused appellants by corroborating each other in material particulars which cannot be interfered by this court at this stage. As regard the conviction and sentence of the accused appellant Mukul Hossain, we are of the v......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....s served appellants were not the interested persons, as such, arbitration case filed by them after the expiry of the period of limitation was barred by limitation and the same not being extendable in any situation appellant’s filing of the case after mutating their names was not competent. .............rd of compensation in respect of the land acquired on the appellants. 20. The appellants filed petition on 18-03-1993 seeking payment of compensation but that prayer was rejected since at the stage of the proceeding relating to ascertainment of the interest of persons as per provision of sec......plication for revision of award since "the procedure laid down in the provision of the Code of Civil Procedure regarding formal determination separately is not enjoined as compulsory in a arbitration proceeding. We have already found that the application for revision of the award has been filed long..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
State Vs. Md. Nasim and others, 2005, 34 CLC (AD)
....mparative statement as has been prepared by the tender committee it was found that the lowest tenderer Calcutta Security Printers Limited, India have no previous experience and they have not printed any passport. On the other hand, the Francois Charles Oberthur, France (FCO), has printed and suppli......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ...... The three respondents appeared before the courts below and were released on bail. Thereafter they moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding against them. The aforesaid Criminal Miscellaneous Cases were thus started in the High ..Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone except the real owner…….(6) Lawyers Involved: ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......applied to the Sub-Divisional Officer, Sadder, Dhaka for release of the property, again on 6-1-1982 he applied to the Sub-Divisional Officer for release of the property and the said officer started a proceeding and by order dated 24-5-1982 and 10-6-1982 expressed opinion that the suit property..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)
....ashed the proceeding holding, inter alia, that the F.I.R. was lodged five years after the installation of the machineries starting of production of the factory by turn-key basis, that since the company has filed a suit against the petitioners firm for compensation in 1993 the subsequent criminal p...... Division over looked the simple fact that the F.I.R. on the face of it discloses a criminal offence and the case is still under investigation. So it cannot be legally interfered with at this earlier stage and the proceedings cannot be quashed. 5. Mr. Faisal H. Khan, Learned Assistant Attorney-G......Metropolitan Magistrate, Dhaka. Police investigation is yet to be completed. In the meantime the petitioners filed an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Motijheel P.S. Case No. 26 dated 9.4.1994 and a Division Bench of the High Court Divis..Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89
....-in-opposition filed by the respondent Nos.1 to 4 and respondent No.7 also did the same. The respondents have admitted the publications but tried to justify same.
7. Respondents have not annexed any inquiry report of the Chittagong University or any resolution of the senate but quoted some port...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......ve offences. Courts of Record are such as have been made so by statute, or by implication of a statute that is, by having statutory power to fine and imprison, are Courts of Record at Common Law. The proceedings of a Court of Record preserved in its archives are called records, and conclusive eviden..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... 5. In reply, the assessee-applicant explained that he did not show the income of Taka 5,40,00,000 (Taka five crore forty lac) in his return because he was/is not the owner of the same nor he earned any income out of the same and the purchase vouchers having already been sent to the remitters along......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......he Commissioner's letter dated 20‑11-2001; the case has been re‑opened on 29‑12‑2001 without ere filed subsequent to re‑opening of the case and, as such, the entire re‑assessment proceeding under Section 93 of the Income Tax Ordinance is unwarranted, illegal, arbitrary and witho..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....(appellant) is a Bank loan defaulter but concealing the fact, he participated in the said election in violation of section 10(2) (g) of the Pourashava Ordinance, 1977, shortly the Ordinance; many cases against writ-respondent No.7 initiated by different banks are pending before differe......thout jurisdiction. The appellant denied the aforesaid assertion of the respondent No.1 in his affidavit-in-opposition and the matter is said to be pending in the Court of law. Whether at this stage he may be declared as bank loan defaulter is a question to be decided after recording the evi......er directing the writ respondent Nos. 1 to 6 to hold a fresh election excluding the appellant as he was a bank defaulter and giving a further direction to the writ respondent No. 4 to initiate proceeding under Sections 199 and 200 of the Penal Code against the appellant along with other pers..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....of Gujarat reported in 1980 CriLJ 29. 5. On going through the application filed by the investigation officer Annexure-E, it appears that it is filed through the public prosecutor without quoting any law and it starts with certain words in Bengali (এই মর্মে প্রতিবেদ......he State praying for calling said two witnesses namely, Md. Kamrul Hassan and Md. Hafizur Rahman Habib treating them as prosecution witnesses. Section 540 CrPC reads: "Any Court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness or e......t-in-opposition denying material allegations contending, inter alia, that instant criminal revision has been filed on vague, incorrect, fabricated and concocted statements and grounds only to prolong proceeding of the trial, in view of the allegation that the Central Jubo League Leader Nurul Islam S..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.... It may be mentioned after the institution of the suit the plaintiffs filed an application seeking injunction for restraining the defendant Nos. 52 and 53 and the other "defendants from making any construction or to change the nature and character of the land in suit and thereupon, on 8-9-1......ove his structure at his own cost. 8. Leave was granted to consider the contention of the plaintiffs that in view of the fact that the suit being already in the peremptory hearing stage and five witnesses have already been examined there is no justifiable cause to allow the defe......mptory hearing stage and 5 witnesses have been examined and, as such, High Court Division was in serious error in allowing the defendant No. 52 to make construction when the hearing of the suit is proceeding and is likely to be terminated without delay. 19. The learned Counsel for th..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....ter No. 94 of 2000 directing the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the responde......see that a fair settlement of the affairs of the company is reached but, since the relationship between respondent No. 1 on one the hand and appellant Nos. 2 and 3 on the other hand reached to such a stage that it would be impossible for them to work together for the interest of the company which re......ed of by the petitioner or to do an act which the petitioner has complained of by the petitioner or to do an act which the petitioner has complained it has omitted to do,
(c) authorise civil proceedings to be brought in the name and on behalf of the company by such person or persons and on ..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....upreme Court in taking disciplinary action against a Magistrate is whether necessary. In view of Article 116 of the Constitution, in order to take disciplinary actions against any Magistrate, exercising judicial function, consultation with the Supreme Court is a must…...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......t on 02.09.1989 with the recommendation to transfer the respondent elsewhere and accordingly, the respondent was transferred from Muladi. 3. On 28.05.1992, almost after three years, a proceeding was drawn up against the respondent under the provisions of the Government Servants (Dis..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....st Court, Kushtia to answer a charge under sections 302/149 of the Penal Code, while the accused‑appellants pleaded not guilty and claimed to be tried. 7. At the trial prosecution examined as many as 12 (twelve) witnesses including the investigating officer and exhibited a series of documents...... Joarder, Mannaf, Nizam, Abul, Azizul, Babul, Hakim, Mokter, Aziz, Tota Miah,Yunus Ali armed with dangerous weapons like lathi, fala, sarki, chhora, etc. started chasing the said Asmat Ali and at one stage he fell down on the courtyard of Anwar's house, then accused Monohar Joarder dealt a fala ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
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