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Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......scheduled to be held there. 3. It has been further stated that while the petitioner was about to avail the flight for going abroad to join the said conference in USA on 243.92 he was arrested from the lounge of Zia International Airport and was taken to the Cantonment Police Station and th......eing illegal and improper is of no legal effect. The learned Counsel submits that the satisfaction of the detaining authority has not been derived from the materials on record and exercise of the independent application of mind and might have been influenced by the biased report submitted by the......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......made a call to the employees of the Banks to go on strike for realisation of their demands. In response thereto the said opposite parties along with other employees of the banks went on strike on and from 10th September, 1981, but the Assistant General Manager of the Pubali Bank, Regional Office, My......for redress of grievances against dismissal, discharge, retrenchment or otherwise removal from service including termination before the Labour Court. 11. After the emergence of Bangladesh as an independent country Bangladesh Banks (Nationalisation) Order, 1972 (Presidents Order No.26 of 1972) ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......i with a reksin bag in hand. At that time Jannatul Ferdousi, Imran, Moushin, Latifa Khanum and Tofazzal Hossain were in the said house. Accused having entered into the room took out a knife and a dao from his bag and started giving blows on the person of the mother of the informant. Thereafter he st......a Medical College Hospital and they were in hospital from 6.12.89 to 20.1.90. He denied the suggestion that Abul Kalam came to the house on a visit. He denied that he did not record the statements of independent witnesses under section 161 CrPC. He denied the suggestion that a dacoity was committed ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......ion. The matter does not end here. On reference to the Gazette Notification dated November 17, 1992 and Regulation 2(1) of the Regulation we do not find that the impugned Gazette Notification suffers from any want of authority. It is perfectly within the authority vested under Regulation No.2(1) of ......es that for dropping the name "Bakergonj" and incorporating the name "Barisal" in the notification the petitioner is aggrieved. The petitioner wants a direction that the Gazette Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..Category: Constitutional Law | Date: | Hits: 247
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......e No.14/78 under section 145 of the Code of Criminal Procedure. 3. Both the petitioner and the opposite party No.2 filed separate cases against each other complaining about cutting away of paddy from the proceeding land. Consequent upon the police report the Magistrate, 1st Class, Hatiya atta......se Court he exercises jurisdiction. The Sessions Judge will distribute business among the Assistant Sessions Judges. In order words, the Additional and Assistant Sessions Judges do not have any independent jurisdiction of their own. 37. Sub-section (3) of section 9, it should be next rememb......ring security for keeping the peace or for good behaviour. Under section 408 any person convicted on a trial held by an Assistant Sessions Judge, etc. may appeal to the Court of Session. 69. The source and foundation of the appellate jurisdiction of the Court of Session are not contained in sec..Category: Criminal Law | Date: | Hits: 158
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......number of plots of the size of 20' x 10' and those were allotted to different persons as temporary evitable allottees. Some of them, however, claim to have obtained leasehold right on the land itself from the Municipality. In 1971 during the War of Liberation the whole area containing shops stood ...... But owing to the institution of Writ Petition Nos.160 and 161 of 1971 and pendency of an order of injunction the allottees could not be given the allotted plots. In the meantime the country became independent and some persons disregarding the allotment made by the Dhaka Municipality occupied pl......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....cused persons. He found P.W.8 to be an independent witness although he had litigations with accused Ajufa Bibi but he has relied upon the evidence of P.W.8 on the ground that his evidence found ample corroboration from the evidence of P.Ws.3, 4, 5 and 6 and thus relying on his statement he found the......pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola of Bahadur where he was drying his under the sun and thereafter in his (Sikim A......ations with the accused party. Therefore, the learned Judge found that P.Ws.3, 5-7 are inter‑related and they had criminal cases and civil cases against the accused persons. He found P.W.8 to be an independent witness although he had litigations with accused Ajufa Bibi but he has relied upon the e......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Janata Bank and......n comes the story of the generator. Theft plaintiff has stated that, he put the standby generator into operation immediately on power failure. But there is absolutely, no evidence not to speak of any independent witness that the generator was put into operation on 28-11-88 immediately after the publ......ring of the appeals, we were very careful least we are being swept away by the rhythm of the forceful logic and reasons of their submissions and we gave our best patience and consideration to their resourceful submissions and to the laws and decisions referred to by them with our best possible atten..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....ntended that the learned Sessions Judge has committed an error of law in admitting the statement of Sona Baru recorded under section 164 Cr.P.C. into evidence and for relying upon the same as a corroboration of the statements of the condemned prisoner in his confession. 10. Mr. M. Shamsul A......h passed by him on the condemned prisoner Manik Bala under section 302 of the Penal Code in Sessions Case No.4 of 1987 by his judgment dated 23.4.87. The condemned prisoner has also filed an appeal from the jail against the order of conviction and sentence passed against him by the learned Sessi......it will be unsafe to base a conviction for murder on such a confessional statement. A retracted confession is always open to suspicion and cannot be acted upon unless it is corroborated by credible independent evidence. We are, therefore, constrained to hold that the prosecution has not been abl......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......er, 21 DLR(SC) 357. Lawyers Involved: T.H. Khan with M.I. Farooqui and M. Salimullah, Advocates - For the Appellants. Moinul Hoque with M.A. Gafur, Advocates - For the Respondents. Appeal from Original Decree No. 3 of 1985. Judgment Nurul Huque Bhuiyan J.- This appeal at the instan......tiffs, the alleged advance of Tk.45,000/- in pursuance of the alleged contract, the alleged tender of the balance consideration money, etc. and we have no reason to disbelieve them. D.W.4 who is an independent witness has consistently proved that M/s. Azad Store was looted before and after the lib......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......30,00,001.00. Subsequently, the consideration money was increased to Taka 34,50,001.00. The principal defendant Nos. 1 and 2 (who are petitioners before this Court) received a sum of Taka 1,00,001.00 from the plaintiff as earnest money out of the total consideration money on signing the written deed......of the defendant-petitioners. Further, Md. Sultan Ahmed has placed reliance on a decision reported in 43 DLR (AD) 107 wherein it has been held that the application for addition of party setting up an independent title to the land disentitle them to be included as parties within the framework work of......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....s that the prosecution has faded to prove the place of occurrence as mated in the First Information Report. 14. In the instant case where bitter enmity between the parties is admitted some sort of corroboration of the evidence of interested between witness is required as a rule of prudence and, t......ppeals as they arise out of the same Judgment. 2. Briefly stated, the prosecution case is, that on 9.1.1989 at about 2‑00 or 3‑00 PM husband of the informant, deceased Waliullah, was returning from Dhalua Bazar by a motor cycle which he was driving, with P.W.3 Abu Taher sitting behind him. Wh......rther submits that the prosecution has failed to prove the manner and the place of occurrence as stated in the First Information report. He also submits that the prosecution has failed to examine any independent or reliable witness through the place of occurrence is a market place called Ragunathpur......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
...... 31st December, 1979, but the defendant having suffered a stroke on 2-11-79 was taken to Mitford Hospital for treatment and was subsequently shifted to PG Hospital, Dhaka, where he received treatment from 30-11-79 to 11-12-1979 and was under treatment of Professor Rashiduddin Ahmed, Neuro Surgeon. T......has to move with the help of his wife, Nasrin Sultana, and his business partner, Syed Masud Ali, who look after his business, because he is not physically or mentally capable of managing his business independently, without help from others and has been advised by his doctor to curtail his business a...... husband was a petty contractor and since they needed money for the purpose of the marriage, the house was given as security for the loan and that they had no other house or shelter. She has no other source of income. Their Lordships held that in this case item No.2 of section 22 of the Specific Rel..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ...... passed the impugned order dated 19.5.87 under section 24 of the Code of Civil Procedure transferring the instant suit to the Court of the Assistant Judge, Kahaloo along with some other pending suits from the Court of the learned Subordinate Judge, Bogra, to the Courts of the different Assistant Jud...... Taka 50.000/-. 9. In this peculiar situation, the subject matter of the Rules being of great public importance, the learned Deputy Attorney-General was invited to assist this Court and make his independent submissions on the points involved in these Rules. Accordingly, the learned Deputy A......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......tiff No.2. But the learned Munsif has not considered the application for addition of party as filed by the heirs of the deceased under Order 1, rule 10 of the Code of Civil Procedure which is quite independent and distinct than the application for substitution. I have gone through the order of the......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......ile any grievance notice as required under section 33 of Bangladesh Labour Law. According to section 33 the respondent No.2 ought to have served grievance petition to the petitioners within 30 days from the date of cause of action but the respondent did not do so. 13. The extract of section is ......nt No.2 submits that the petitioners being fugitive cannot file this writ petition which is not tenable in the eye of law. He further submits that section 307 of the Bangladesh Labour law, 2006 is an independent provision of law for initiating a criminal proceeding against the employer. He further......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ..Category: Labour and Industrial Law | Date: | Hits: 145
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......hese expressions are used in between two “commas” which are so clear, unambiguous and independent to the expression against that the dominant object and spirit of the legislature can be spelt out from the language. If we accept the construction intended to be given by the learned advocate that w......d the intention of the legislature. The word "against" has no nexus with the words "or by any other device". These expressions are used in between two “commas” which are so clear, unambiguous and independent to the expression against that the dominant object and spirit of the legislature can be ......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......f Taka 2,000 in default to suffer rigorous imprisonment for 1 (one) year more. 2. Prosecution case, in brief, was that victim Shefaii Begum, the daughter of the informant Merajuddin, after divorce from her husband used to live with her father. She had a daughter by previous husband namely, Sheuly......formant inasmuch as P.Ws.1, 2, 4, 5 and 7 were father, daughter, brother-in-law, uncle, nephew of victim, P.Ws.3 and 8 were neighbours of informant P.W.1. According to him, not a single impartial and independent witness could be examined by the prosecution to prove the case. 13. The learned Couns......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......together and they are now being disposed of by this Judgment. 2. The prosecution case as made out in the FIR is, that the informant came to learn at about 11-00 PM on the night following 17.4.1986 from an unknown passerby that to the north of 19th mile post of the C & B Road situated to the s......arent from the fact that defence declined to cross-examine the said witness. He further submitted that recovery of the rickshaw van in question from the possession of the accused has been proved by independent and disinterested witnesses P.W.22, 23 and 24 before whom the accused also made extra-......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......e for the applicant pressed only question No.11(b) which reads as under: "(b) Whether on the facts and circumstances of the case the tribunal is justified in maintaining addition of Taka 12,50,000 from undisclosed source arising out of loan as the income of the assessee" 2. The assessee is an ......e facts discharges the onus upon him. But that does not prevent the authority concerned to probe further into the matter and investigate the case on materials available to the authority to come to an independent and unbiased finding as to the genuineness of the transaction. It is true that the tax a......nt pressed only question No.11(b) which reads as under: "(b) Whether on the facts and circumstances of the case the tribunal is justified in maintaining addition of Taka 12,50,000 from undisclosed source arising out of loan as the income of the assessee" 2. The assessee is an individual and an..Category: Fiscal/Taxation Law | Date: | Hits: 200
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