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Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....sideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no premeditation to murder Sohel or anybody else when he first came and entered into an altercation with P.W. 3 but subsequently he brou...... to 25.2.90 at about 3.30 PM Informant's wife P.W. 3 Asia Khatun called herchildren P.W.s 4 to 6 and her husband's sisters P.W.s 7 to 10 who were invited to take their mid‑day meal. At this stage condemn prisoner‑appellant Majibur Rahman Gazi told P.W. 3 that she was not required to ente......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ..Category: Criminal Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....Result: The Rule is made absolute. Acquirement of jurisdiction of Court A court acquires jurisdiction only from the statute or the law which has constituted the court and no parties to any litigation can confer such jurisdiction on the court by consent. It is also well settled that ev......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......cted without jurisdiction. Since the Artha Rin Adalat in question does not have jurisdiction to entertain or to Proceed with the application filed by respondent No. 2 under Article 27, the whole proceeding before the Artha Rin Adalat namely the proceeding in Miscellaneous case and Title Executi..Category: Others | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....sked to deliver the cattle at Daulatpur which he did on 3.1.71. Keramat Ali then came to Jessore town on 5.1.71 and enquired from the District Marketing Officer, P.W. 2 Abdul Mannan if there would be any difficulty if he took the price of his cattle a few days later but he was advised not to make de...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. .......A.C.O. has rendered the entire prosecution case a big hearsay i.e. bereft of legal evidence. It has been argued that even the evidence of the Deputy Commissioner, Jessore, P.W.1who initiate the proceeding cannot be looked into because it contained references to the statements made by late..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....When the accused appears or is brought before the Magistrate, and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accu......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......ence. Heard the prosecution in details Perused. On perusal the offence of trespassing and subsequent offence thereby could not be proved. So, the Court hereby discharges all the accused from the proceeding." 4. Being aggrieved by the said order the complainant filed an application bef..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....n pressing the Rule in view of the amended provisions of the Code of Criminal Procedure providing for time limit in disposing criminal cases. THIS learned Advocate found himself handicapped in making any submission in view of the fact that there is no provision in law for making an application for r......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......ppeared but then the A.P.P. prayed for time which was allowed fixing 12.9.84 for trial. On that date three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C (4) Cr.P.C. The Additional Sessions Judge no..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....me to time, namely, on 7. 3. 77 (Annex. B), on 11.4.77 (Annex C) and on 21.7.77 (Annex.X) In this background the order dated 28.1.77 (Annexure-A) will show the malafide of the respondents who without any application of mind and in utter disregard of the liberty of, the citizen has detained the deten......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... is directed as to show cause why the detention of the detenu Khalequzzaman will not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The detenu Khalequzzaman was arrested on 18-3-74 and on 27-3-74 an o..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....00/-. It was further alleged that the petitioners on 16-6-76 took Tk. 15,000/-and again on 20-6-76 took Tk 3,000/-with the promise that they would deliver the goods shortly bat on 6-11-77 they denied any such payment. 3. On receipt of the complaint, the learned Sub-Divisional Magistrate examine...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ....... Criminal Revision No.327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North)..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
.... before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District Judge. The statute does not provide that the High C......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ......ons. The present amended section 115 reads as follows: "115. Revision.‑ (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding, in which a decree or an order has been passed by a Court of District Judge or Additional..Category: Civil Law | Date: | Hits: 2
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....mination paper on 17.09.2009, the election Board published final candidate list and found only 33 candidates for 33 posts eligible and declared 33 candidates as elected as there was no contestant for any of the posts. The election Board then published 2nd phase of the election schedule for the elect......of 2007 before the Arbitration Tribunal and the said Arbitration case was decided on contest and the election of BMSS executive Committee for the term of 2007-2009 was declared null and void. At this stage the instant writ petitioner filed writ petition No.8906 of 2007 challenging the order dated 29....... 24. Section 9 of the Trade Organization Ordinance 1961 (ordinance No.XLV of 1961) runs as follow:- Section (9) Trade Organizations to be subject to the control of Director:- (1) "All acts and proceedings of a registered trade organization shall be subject to the control of the Director and t..Category: Business or Commercial Law | Date: | Hits: 72
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....an, KM Masud Rumy, Pratikar Chakma, Assistant Attorney-Generals - For the Respondent No.2. Writ Petition No.3071 of 2010. Judgment Md. Ashfaqul Islam J.- Zastat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued ca......hereafter the Respondent No.3 Superintendent Customs Excise and VAT, Circle Zindabazar, Sylhet issued a demand dated 26-10-2009 asking the petitioner to pay VAT of Tk.1,48,683. The petitioner at this stage moved this Division and obtained the present Rule. 8. Mr. AFM Hasan Arif, the learned Senio......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....per law. 6. After the closure of recording of evidence, the accused have been examined under section 342 of the Code of Criminal Procedure during which he pleaded not guilty and declined to adduce any eviÂdence in the defence. 7. Defence case as it appears from the trend of cross-examination ......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......rd. It has already been pointed out that there is no allegation, that the facts alleged did not constitute any criminal offence and that the Tribunal got no jurisdiction to try the case and the whole proceeding before the triÂbunal was without jurisdiction. 38. The scope of exercising jurisdicti..Category: Criminal Law | Date: | Hits: 36
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....f the High Court the Respondent No.5, Mobarak Hossain filed an application for withdrawal of the case without their consent. The Court of Settlement served no notice to the parties whatsoever or upon any of the co-applicants. 10. The petitioners before this Court as applicants filed an applicatio......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......f Civil Procedure 1908 shall not apply to the Court of Settlement and as such the Order XXIII of the Code of Civil Procedure is not applicable, wherein the Court has empowered to withdraw the suit or proceeding. He further submits that our apex Court in their various decisions has decided that after..Category: Procedural Law | Date: | Hits: 24
....w cause as to why they should not be directed in line with the applicable laws and rules as mentioned in the cause title to protect the rivers Piain, Dawki and Dhala flowing through Goainghat and Companygonj Upazilas of Sylhet district from the use of mechanized excavators (Annexure-F) and why furth...... pains to establish that it is not a busybody. Subject to what emerges after the Respondents state their case at the hearing of the writ petition the appellant cannot be denied entry at the threshold stage on the averments made in the writ petition." (Para-52)
25. In this case in hand, protection......on. BELA is a society registered under the Societies Registration Act, 1860 being represented by its Chief Executive Syeda Riwana Hasan authorized by its Executive Committee to represent in all legal proceedings. The petitioner (BELA) has been active since 1992 as one of the organizations with exper..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....ce and inconvenience must be in favour of the applicant. The element of prima-facie case, irreparable loss and balance of convenience and inconvenience must co-exist before granting injunction and if any one of these elements are missing, it disentitles the applicant to get a favourable order. …â€......t an order of temporary injunction and that if, injunction is not granted she will suffer irreparable loss and injury and balance of convenience and inconvenience is in her favour. Therefore, at this stage the plaintiff petitioner cannot have an order of injunction in her favour inasmuch as she is f......n peril. We have noted this submission. On this point, law is very clear. Section 52 of the Transfer of Property Act provides that any transaction made by a party to a suit during the pendency of the proceeding is caught by the mischief of doctrine of Lis Pendens. Therefore, no such observation is n..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....ring of the Rule and sought for adjournment for one day. Accordingly we allowed his prayer and adjourned the matter for one day for delivery of judgment and he has been allowed to make submission, if any, before the delivery of the judgment. Mr. Abdul Baset Majumder, the learned Advocate for the acc...... against the accused-petitioners and the case is liable to be. sent to the appropriate Court for trial after taking cognizance and the said proceeding shall not be interfered with at an interlocutory stage in exercise of inherent jurisdiction of the High Court Division under section 561A of the Code......- For the State. Criminal Miscellaneous Case No.9539 of 2005. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the Deputy Commissioner, Barisal to show cause as to why the proceedings of Kotwali Police Station Case No.69 dated 27.12.2000, corresponding to G.R. No.697 of 2..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....osure of the evidence, the condemned prisoner and others including the appellants were examined on dock under section 342 of the Cr.P.C., to which they repeated their innocence and declined to adduce any evidence. 8. The result of the trial, the Death RefÂerence, Jail Appeals and Criminal Appeal......risoner Moinuddin, accused Hashmat Ali, Harun, Habibur Rahman and Kala Chand entered into the house of Abdul Hoque and then accused Moinuddin started abusing in filthy language Abdul Hoque and at one stage he fired at the right side of the belly of Abdul Hoque and thereafter, the accused persons lef......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....2 years for appointment as Headmaster of the school, that defendant Nos.2-7 and 10-12 were not Members of the Managing Committee of the school, that no show cause notice was issued to him calling for any explanation giving him any opportunity for self-defence, etc. 3. Defendant Nos.1-12 filed joi......smissed the suit by his Judgment and decree dated 31-5-2003 and the Appellate Court below decreed the suit by its Judgment dated 5-9-2002 but instead of producing those papers before the Court at any stage how the learned Advocate like JK Paul submits for making the Rule absolute at this stage on th......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....f Equipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and comÂpleted by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders passed as to this Court may seem fit and pro......he said company on 14-1-2001 in due course through its own Bank account. Thus the petitioner has no locus standi to raise all those issues in the writ petition against the respondents at this belated stage. 5. The petitioner filed two affidavits-in-reply dated 18-2-2010 and 18-3-2010 against the ......ral dates and lastly the respondent No.7 asked the petitioner to appear before the Arbitrator on 8-5-1996. The petitioner duly appeared but the Arbitrator without hearing discontinued the arbitration proceeding and without giving any award as required under law verÂbally told petitioner that their ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....d others…………….Petitioners Vs. 1. The State……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agrabad Com Area, Chittagong, Represented by its Chief Account & Company Secretary Shamsuddin Ahmed……………Petitioner for addition of opposite party Judgment ......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......the added Opposite Party No.2. Criminal Miscellaneous Case No.8550 of 2001. Judgment Sharif Uddin Chaklader J.- This rule at the instance of the petitioners, 3 in number for quashment of the proceeding of Doublemooring P.S Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/12..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....es including gold ornaments along with her daughter aged about 8(eight) years with the active help of the accessed petitioner Nos. 2-4. On that, the informant started for searching but could not find any trace of his wife and daughter. Upon the aforesaid allegation Kotwali Police Station Case No.52 ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......ney General - For the opposite party. Criminal Miscellaneous Case No.8625 of 2003. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03.2002 pending in the Court of Magistrate..Category: Criminal Law | Date: | Hits: 114
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