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M. Saleemullah Vs. State, 2002, 31 CLC (AD)
....tly found the petitioner guilty of contempt and there was no reason to interfere with its judgment and dismissed the appeal. It was, inter alia, found that the petitioner had not expressed remorse at any stage and insisted on his right to publish the report in the newspaper. The petitioner has now f......found the petitioner guilty of contempt and there was no reason to interfere with its judgment and dismissed the appeal. It was, inter alia, found that the petitioner had not expressed remorse at any stage and insisted on his right to publish the report in the newspaper. The petitioner has now filed...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ..Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....agents of the party in power. Violence of some individuals cannot be countered by Police violence and atrocity. Conduct of the Police towards the citizens of the land must be Courteous. Policemen on many occasions transgress the limits of law, sometimes with the support of the politicians in power a......ttered that the accused could not oust anybody form Police Station and as a citizen of the country she got the right to know the reason of the arrest of Reporter Aminur Rahman Taj. The accused at the stage shouted and called Sentry and ordered him to oust the Complainant-petitioner from Police stati......e citizens of the land. 2. The transgression of limits of law and causing violence and atrocity and performing acts of misconduct sometimes make the Polices personnel’s accused in Criminal proceeding at the instance of victims of violence, atrocity and act of misconduct. 3. The ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....n examined. The learned Advocate submits that the trial started before the learned Sessions Judge in November, 1999 and it is still continuing. It is also submitted that the prosecution is not taking any effective step for producing and examining their witnesses and this petitioner is languishing in......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......tion, on the other hand, submits that this delay in disposal of the case is for no fault of the prosecution. This appellant along with other accused on several occasions took adjournments and got the proceeding stayed from the higher Court on various pleas and when they were instrumental in delaying..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
.... of the petitioner, and that petitioner had to engage another lawyer who prayed for time for preparation of the case but the learned Subordinate Judge most illegally dismissed the case without giving any opportunity to the appellant. Learned Advocate next submits that High Court Division wrongly dis......matter of adjournment of the case and admittedly no case have been made out in the application for adjournment. Order XVII rule 1 CPC provides that the Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them and may from time to time adjourn the ......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)
.... 67(1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of the Parliament or to sit or attend in any proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Ran......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 1. ......1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of the Parliament or to sit or attend in any proceeding of the same. It is the case of the writ petitioner No. 1 that he is a voter of 21 Rangpur..Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....Metropolitan Magistrate, initiated upon the FIR lodged by the appellant Islami Bank Ltd., Khatunganj Branch, Chittagong. 2. Respondent No: 2 is the proprietor of General Distribution Company. He was given credit facilities of Taka 12,61,00,000 by the appellant Bank and with the said loa......ivery of the stock to the importer. In so many cases it has been finally decided that to constitute an offence under section 420 of the Penal Code there must be allegation of deception at the initial stage of the transaction. The present FIR does not disclose any such deception on the part of the pr...... short time. It was alleged in the FIR that the accused persons thus committed offences under section 406/420 of the Penal Code. 4. Both the respondents then sought quashment of the said proceedings against them invoking the jurisdiction of the High Court Division under section 561A of ..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....00 of 1996 which was summarily rejected by the High Court division on 18-11-1996. Thereafter several representations were made by the contempt petitioner for restoration of his possession but without any effect. Finding no other alternative Writ petition No. 3964 of 1998 was filed seeking a mandate ......r passed by the Government i.e. by appellant, and after getting this information w the High Court Division did is nothing but mockery of justice. This order of releasing property, though at a belated stage but delivery of judgment, clearly indicates intention of the appellant which was not taken mi ......sp; July 30, 2001. The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).
....d. In our view the petition been given reasonable opportunity of defence and there has been no violation service regulations or the principle of justice............The authority it seems has not done anything unjust to the petitioner. There is scope for adverse interpretation of irrespon......on of principle natural justice has no merit. In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......ural Justice Sending of letters to the address of the petitioner by registered post and the envelop having not returned to the sender, legal presumption is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of n..Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111
MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)
....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ......e. Criminal Miscellaneous Case No. 2860 of 1999. Judgment Namun Ara Sultana J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure for quashing the proceeding of Case No. 207C of 1997 (Kotwali) under section 138 of Negotiable Instruments Act now pe..Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....ion 164 of The Code of Criminal Procedure. None implicated accused petitioner in commission of murder of deceased Md. Golam Rabbani. 5. Bail was sought before learned Magistrate but without any result. Bail was then moved before learned Sessions Judge, Rajshahi in Criminal Miscellaneous Ca...... been interested, their testimonies do not inspire confidence. Informant failed to show preponderance of probabilities that accuse petitioner attempted or tampered with witnesses at the investigation stage. 18. The case set up by informant side that on getting bail on 3‑5‑2000 accused petit......s “which otherwise comes to its knowledge” means which comes to the know ledge of High Court Division in any other way. When any matter is bought before High Court Division in any case or proceeding which is incompetent, the case or proceeding comes to the knowledge of High Court divisio..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... of the structure on the basis of 1989 PWD schedule mentioned in the allotment letter No. 150/93/6296 dated 28-8-93 is (sic) issued by the office defendant No. 4 is illegal, malafide and made without any lawful basis and has no legal effect and not binding upon the plaintiffs. (ii) To pass nece......the rule even during the pendency of the suit. In this suit, no leave under rule 8 of Order 1 was obtained by the plaintiff to sue on behalf of the 562 allottees; Even no application was filed at any stage of the proceeding seeking permission of the Court sue on their behalf. 14. The object wit...... during the pendency of the suit. In this suit, no leave under rule 8 of Order 1 was obtained by the plaintiff to sue on behalf of the 562 allottees; Even no application was filed at any stage of the proceeding seeking permission of the Court sue on their behalf. 14. The object with which this ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....Division Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is whethe......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......learned Judges of the High Court Division erred in law in holding the same to be malafide one. 5. It appears that the Corporation initially wanted to remove the respondent through a proceeding and that having failed, they wanted to take action for compulsory retirement under Regula..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
.... Result: The Rule is made absolute. When claims of the parties are to be settled on the basis of accounting, the liability shall be a civil liability. When both the parties to any dispute submit their claim before the Arbitration Board, decision of the Arbitration Board is ......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......ami - For the opposite party. Criminal Miscellaneous Case No.5909 of 1999. Judgment Md. Hamidul Hague J.- By this Rule the opposite party was called upon to show cause as to why the proceedings in C.R. case No.3643 of 1998 (T.R. No.92/88) now pending in the Court of Metropolitan ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
.... no sufficient money with them, the informant and his companions took Taslima in front of the Upazila (presumably Upazila Parishad); that at that time as the Home Minister was in Shaharasti, as such many people including News men as well as Officer-in-Charge of Shaharasti Police Station were at the ...... to buy cloth for her; that after telling that the women could not talk any more. 15. As seen from the evidence that after stating that the witness stated that the woman further stated that at one stage of quarrel her husband started beating her and that thereafter they (accused Babul and Sufia) ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..ReÂspondent Judgment December 8, 1999. Result: The Applications is disposed of. Cases Referred to- AIR 1964 (SC) 381; Zia Fertilizer Company Ltd.; 57 ITR (SC) 306; 80 ITR (SC) 21; VII B.T.D. (AD) 30. Lawyers Involved: M. A. Ab......we answer the questions raised in the applications in the affirmative and against the assessee applicant and in faÂvour of the revenue. 20. There will be no order as to cost. 21. At this stage, Mr. A.M.A. Sattar, the learned advocate for the applicant, prays for certificate under secti......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....tendance of the person complained against, and either inquire into the c himself, or if he is a Magistrate other than a Magistrate of the third class, direct an inquiry or investigation to be made by any Magistrate subordinate to him or by a police officer or by such other person as he thinks fit, f......ice report is also without jurisdiction. The argument of the learned Advocate though attractive but is fallacious. When a petition of complaint is filed before a Magistrate, it cannot be said at that stage as to whether cognizance of the offence can at all be taken and if so under what provision of ......M Khairul Haque J.- This Rule, under section 561A of the Code of Criminal Procedure, was issued at the instance of the accused-petitioner calling upon the opposite parties to show cause as to why the proceeding of the Special Tribunal Case No.22 of 1994 arising out of Miscellaneous Case No. 345 of 1..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....ode is applicable in a proceeding under the Criminal Law Amendment Act, 1958.
10. For the of withdrawal of a case, Sub section 10 of this Act provides that no prosecution under this Act against any person either generally or in respect of any one or more of the offence for which he is being tr...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ......there was non-application of mind while disposing of the matter and that in view of the amendment of section 6(1) of the Act making Chapter XXXVIII of the Code of Criminal Procedure applicable to the proceedings, the decision relied upon by the Divisional Special Judge was no longer applicable and t..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
....se of safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there ......t the case continued for such a long time for reason beyond anyone’s control we are not inclined to award any damages. It may also be mentioned here that Mr. Rashid appeared in this case at a later stage, and he never appeared before the previous Bench.
21. In view of the above, the Rule is dis......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 234. ..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
...., remain physically present in Court before his application for bail can be entertained. The Court, if it grants anticipatory bail, must expressly make it a condition that if the petitioner commits any breach of the terms of bail, the Court concerned will be at liberty to cancel his bail and tak......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......rcumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or has been launched against him is being or has been taken with an ulter..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....t the instance of the petitioner Mr. Fazlur Rahman and Co (Pvt.) Limited calling upon the respondents to show cause as to why respondent No.1, Agrani Bank should not be directed to allow the said company to pay the balance of interest amounting to Taka 77,43,184.25 in pursuance of bank’s decision ......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350....... notice under the provisions of Bankruptcy Act to the petitioner. Faced with such difficulty petitioner obtained this Rule on 21-6-98 and restrained the respondent No.1 from instituting any suit/case/proceeding against the petitioner company or its directors in any form on any ground. Thus it is cle..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
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