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Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......435 read with section 561A of the Code of Criminal Procedure, the Petitioner obtained this Rule to challenge the order dated 11.6.80 passed by the Sub-Divisional Magistrate (S) Dhaka staying the proceeding of Kotwali P.S. Case No.6(2)79 under section 420/471/109 of the Penal Code till dis&..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....ate Banshkhali for disposal. The Upazila Magistrate, Banshkhali passed the following order on 4.3.84:— "Case record received from the learned Sub-Divisional Magistrate, Patiya without any report from I.O. Perused the papers on record. It appears that the case (was) instituted on 2.3.......n of the defence that they had gone to deliver the salt at the destination but due to shortage of space in the Govt. Godown at the Strand Road, Chittagong the delivery could not be made. At this stage this Court cannot consider anything beyond the F.I.R. In the case of Abdul Quader Chowdhu......ammed Habibur Rahman J.- This Rule under section 561A Cr.P.C. was issued at the instance of accused petitioner Alhaj Mamtaz Meah calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under sectio..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
.... a Division Bench of this Court set aside the judgment of the Appellate Tribunal by passing the following order on 12.12.80: "For the reasons stated above, the Rule is made absolute without any order as to costs. The judgment and order of the Appellate Tribunal, Chittagong passed in T......e noticed that in clause (e) of section 6 of the General Clauses Act each of the expressions, namely investigation, legal proceeding or remedy are disjunctive and the pendency of the case at the stage of investigation cannot be treated to be synonymous with the pendency of the case after i......rua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising out of and in connection with writ petitions under Article 102 of the suspended ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ding the detenu to police custody for 5 days. The learned Chief Metropolitan Magistrate allowed the detenu to be remanded to police custody for 3 days by his order dated 23-10-84. Failing to make out any specific case the District Magistrate Chittagong at the instance of the police arbitrarily ......sly on the same day. 15. Mr. S.C. Das, the learned Advocate for the petitioner submits that detenu was not at all informed of right of making representation against the order of detention at any stage till date and the grounds of his detention were never placed before the Advisory Board as requ...... Bangladesh and others, reported in 30 D.L.R. 423 it has been observed:- "Non-service of the grounds of detention as required under section 8 has been considered as fatal defect in the proceeding for detention itself, because, it deprives the detenu from making necessity represen..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ant Noor Mohammad, Lutfunessa ran away and met with death in unknown circumstances. 6. Prosecution examined nine witnesses and tendered P.W.10 for cross-examination. Defence did not examine any witness. The Additional Sessions Judge acquitted accused Md. Hossain, accused Amin Sharif and ac......doctor (P.W.5) who bandaged the wound of the left knee of the accused appellant in the night of 5.9.83, not a single prosecution witness says that they saw the accused appellant at any stage before, during or after the occurrence or talked to him. Even doctor P.W.5 does not say that h......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....part with an amount of Tk. 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......s that a Magistrate for reasons to be recorded in w ruing may extend the aforesaid period by 30 days more. Sub-section (4) provides that if a trial cannot be concluded in sub-section (3) further proceedings in respect of trial shall stand stopped and the accused persons released. In the in..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....part with an amount of Tk. 35,000/- (Taka thirty five thousand) on 16.8.1981 against which an acknowledgement receipt was issued to the petitioner but the accused neither provided the petitioner with any job nor returned the money and thus cheated the petitioner of the said amount of Tk. 35,000/- ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......vides that a Magistrate for reasons to be recorded in writing may extend the aforesaid period by 30 days more. Sub-section(4) provides that if a trial cannot be concluded in sub-section (3) further proceedings in respect of trial shall stand stopped and the accused persons released. In the insta..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise to any apprehension in the mind of the litigant................(13 & 14) Case Referred to- ......l Court. 8. The argument is attractive, but if the terms of Order 26, rule 10 of the Code are considered then it does not appear that there is reason for the defendant to be apprehensive at this stage as the High Court Division has correctly noticed that report of the Commissioner and the evide......nce taken by him "shall be evidence in the suit and shall form part of the record." 9. Sub-section (3) provides for further enquiry if for any reason the court is dissatisfied with the proceeding of the Commissioner, Mr. Huq, argued that in the facts of this case the court should have..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....hether a particular proceeding pending in a Court below ought to be quashed. Both the learned Judges agreed that the High Court has power to quash a criminal proceeding in its early stage before any evidence has been recorded. But the learned Judges differed as to whether the proceeding in ques......ecause the High Court Division exclusively exercises the power of quashing.- No investigation as to the truth or otherwise of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the ......dent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
.... the ship m.v. CHERRY ORIENT to be arrested or detained or to be proceeded against in an action in rem the said m.v. CHERRY ORIENT itself must be instrumental in giving rise to the cause of action if any, and that the alleged remedy of the plaintiff cannot be enforced against any other ship oth......ns whether both the ships belonged to the defendant No.1 or the same owner or that the defendant No.1 exercises full control and management over m.v. CHERRY ORIENT, these need not be answered at this stage without going into full evidence which may he led by the parties to substantiate their respect......Y ORIENT, these need not be answered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreover, for the reasons lam proceeding to give on a main question, it need not be answered. 6. Now the principal question i..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....with regard to the allegations in Criminal Misc. Case No.24 of 1984 is contained in the first affidavit. 5. The contemner contends that he will place facts & circumstances not by way of any justification for any contempt that he might have unwittingly committed but for submitting the e...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......d and matters like these. 2. That on 26-12-83 the said U.N.O. summoned the said Munsif-Magistrate in his chamber in respect of a pending case in presence of one of the parties to a criminal proceeding and directed the Munsif-Magistrate to dispose of the case according to his instructions a..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....endered in the Sessions Court, it proves itself under section 80 of the Evidence Act without calling the Magistrate who recorded it. The Court shall presume (a) that the document is genuine, (b) that any statements as to the circumstances under which it was taken, purporting to be made by the person......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......ollows:— “Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be statement or confe..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....r of injunction be not granted then he will suffer irreparable loss and injury as he will be ousted from his office. The plaintiff further asserted that in the order the defendant could not show any specific instance of wilful and deliberate negligence on the part of the plaintiff to manag......y for the proposition that a suit cannot be filed to go into the legality and otherwise of an order passed under a statute where there is an ouster clause. 8. I am not deciding at this stage whether the present suit is maintainable or not. The issue of maintainability is kept open to ...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....in pursuance of the provision of Sub-section (5) of section 167 Cr.P.C. made an order stopping further investigation into the offence on the expiry of 29.7.83 and released the accused from custody if any under sub-section 7 of section 167 Cr.P.C. the learned Sessions Judge had no jurisdiction to exe......im from 25.8.83 to 4.12.83 are quite in order and valid as he duly exercised his power under section 167(6) Cr.P.C. The charge sheet has been submitted by the police already on 24.12.83. At this stage the question of quashing the acceptance of the charge sheet dated 24.12.83 does not arise. The......e State. Criminal Revision No. 5 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G. R. Case No.529 of 1983 pending in the Court of the Chief Metropolitan Magistrate, ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the......8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......ge of the aforesaid title suit. As a result, they did not appear in the suit. Also the Government which was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in the execution case was stayed till October 20, 1981. In Writ Petition No. 720 of 1981..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....er of the High Court Division dated 4.9.83 in Civil Revision No. 434 of 53. The respondents filed a suit for special performance of contract. The suit is pending. It would not be adviseable to make any comment. Accordingly in this judgment we refrain from touching the factual aspects of the case...... law". In view of this matter the rule was discharged. Order 18, rule 17 C.P.C. is in the following terms: "17. Court may recall and examine witness: The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence fo...... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....lication under section 526 of the Code of Criminal Procedure praying to transfer the Sessions Case No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition th......the provisions of Sub-Sections (4) to (10) of Section 526 of the Code as the part of Section 526B. In view of Sub-Section (8) of Section 526 an application under Section 526B can be made "at any stage" before the defence closes its case. Thus, we do not find any legal force in the submissi...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....98); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he cannot be said to have absconded or ......pellant in his absence without complying with the provisions of section 339B Cr.P.C. Lest the parties are prejudiced, we refrain from entering into a discussion of the evidence on record at this stage as the trial of the accused appellant in his absence having been held illegal, we consider it ...... fixed by the said court within their knowledge. Therefore the Ex-Officio Sessions Judge acted illegally in trying the accused appellant in his absence and his order dated 23-10-83 and the subsequent proceedings before the trial court are all illegal and must be set aside. 9. Mr. Siddique Abroa..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....r on Special Duty conducted the test identification parade in accordance with the provision of law and prepared a report thereof which forms part of the record of the case. The defence has not raised any of objection with regard to the manner and method of conducting the test identification par......atement in Court which when requires corroboration, is generally given in the form of earlier identification proceeding………(11) Identification parade belongs to investigation stage. Identification of the accused soon after arrest is of vital importance in the interest of jus......ated by his evidence of test identification parade. The substantive evidence is his statement in Court which when requires corroboration, is generally given in the form of earlier identification proceeding………(11) Identification parade belongs to investigation stage. Id..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....onstructed on the part of the suit property before the Court for consideration in support of his claim to be added as party. This application of the petitioner was not opposed by the plaintiffs or by any of the parties to the suit by filing written objection. After consideration of the materials and......ed and registered by the admitted owner of the suit land. He is also supported by the rent receipts and mutation Khatian. 9. Order 1, rule 10 sub-rule (2) has provided: The Court may at any stage of the proceedings, either upon or without the application of either party and on such terms a......ered by the admitted owner of the suit land. He is also supported by the rent receipts and mutation Khatian. 9. Order 1, rule 10 sub-rule (2) has provided: The Court may at any stage of the proceedings, either upon or without the application of either party and on such terms as may appear ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
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