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Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....ed agent/dealer the petitioner used to sell the products of the Opposite party Firm on commission basis upon receipt of the paints on credit. The parties carried on the said business transaction for many years since 1960. After that towards the end of 1980 dispute started between them as the due c......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......itioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions ..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ng the detenue to police custody for 5 days. The learned Chief Metropolitan Magistrate allowed the detenue 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 an......neously on the same day. 15. Mr. SC 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...... Vs. Govt. of Bangladesh and others, reported in 30 DLR 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 representat..Category: Criminal Law | Date: | Hits: 78
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ha Rin Suit No.182 of 2005 (Annexure-A to the Writ Petition). 2. Facts leading to this Writ Petition, in short, are as follows: The petitioner, Hubble Corporate Limited is a private limited company incorporated under the Companies Act, 1913. In course of its business, the petitioner imported s......justified in rejecting the application filed by the petitioner holding that- "the cause of action of a suit is a bundle of facts and the plaint contains so. It can not be decided at this interim stage." Thus, we find no merit in this Rule. Accordingly, the Rule is discharged. However, ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....cquisition of the land in question in LA Case No.90 of 1965-66 is a nullity in view of the fact that the same was not acquired for public purpose. The law did not authorize the respondents to acquire any land other than public purpose. He submits that, in fact, after making de requisition of the lan......legality and propriety of the process of requisition and acquisition in LA Case No.90 of 1965-66. So it difficult for us to consider the submission of the learned Advocates in these petitions at this stage. 19. The learned Advocates, appearing for the petitioners in WP No.3210 of 2010, submits th......nd since the day immemorial. There are mosque, Mandir, graveyard etc. in some portions of the plots. Government cannot take over possession of the said land. He finally submits that since the instant proceeding of requisition and acquisition has not been made in accordance with the provision of law...Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....mpeach the impugned proceedings on the two fold arguments. Firstly, the payee of the alleged cheque was M/S. Harun Industries, but petition of complaint has been filed by Mr. Moyejuddin Ahmed without any authority from the payee. The petition of complaint therefore on the face of it, is not maintain...... 12. In respect of the maintainability of this application under section 561A of the Code of Criminal Procedure, the learned Counsel submits that the trial of the case has already begun, so at this stage, the application for quashing is not maintainable, and in support of his contention he refers ......parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....te by order dated 05.09.2004 issued warrant of arrest in the name of the accused petitioner Shamsul Alam Selim alias Sheikh Selim alias Aniket Chowdhury in place of Aniket Chowdhury without assigning any reason, although there is no allegation against this petitioner-Aniket Chowdhury in the petition......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......s after committing an offence including one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the tria..Category: Criminal Law | Date: | Hits: 81
....n passed without lawful authority and is of no legal effect.
2. Facts giving rise to this Rule Nisi, briefly, be put thus:- First party -Respondent Nos. 2-11 while serving under the petitioner company jointly filed I.R.O. Case No.1 of 1997 in the Second Labour Court, Chittagong (Respondent No.1) ...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......
4. Mr. Md. Khalilur Rahman, assisted by Mrs. Rubaiyat Hossain, the learned Advocate appearing for the petitioner submits that the learned Labour Court below failed to appreciate that in an ex parte proceeding the Court has a greater responsibility and the Court has to be more careful in considerin..
Category: Labour and Industrial Law | Date: | Hits: 190
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....980 and a Division Bench of this Court set aside the Judgment of the Appellate Tribunal by passing the following order on 12.1280: "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 Trib......o be 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 init...... Barua 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 but of and in connection with writ petitions under Article 102 of the suspended ..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....2 though the accused was himself absent the learned Magistrate passed the acquittal order holding the accused to be not guilty merely because the P.Ws. were absent after expunging the evidence of as many as 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of the Managing Com......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ...... complainant under section 417(2) of the Cr.P.C. which provision was not available in this case being a case of which trial had started on 4-12-78 and appeal being a continuation of the said original proceeding it shall have to be under the provision of the Cr.P.C. as existed before the Law Reform O..Category: Criminal Law | Date: | Hits: 104
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 Article 31 of the Bangladesh Constitution, which is dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has already b......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......Court or any Executive. Since the compensation assessed earlier was not deposited within the stipulated period the LA proceeding stood abated automatically……………………..(27) Further proceeding of new LA Case can be started when the proceeding in LA Case has been abated. If it is ne..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petition to be filed as a precondition to exercise the power to order further investigat......y submits that, the learned Magistrate having not taken any cognizance as yet in this case there exists no proceedings in the eye or law and, as such, the question of quashment does not arise at this stage. He further submits that, once cognizance is taken upon a police report(charge sheet) finding ......riminal Miscellaneous No.11902 of 2008. Judgment Md. Rezaul Hasan J.- This rule has been issued at the instance of the accused petitioner calling upon opposite Party to show cause as to why the proceedings of Gulshan Police Station Case No.14 dated 16-4-2006 corresponding to GR Case No.143 of ..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 rejecting the Procedure should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, ......blished tender notice in two daily newspapers namely, 'the Daily Janakantha' and the 'the Daily Amar Desh' on 22-06-2006 for selling the mortgaged property which could not be sold on auction. At this stage, the bank filed Artha Rin Case No.32 of 2008 before the Artha Rin Adalat, Dhaka. In that suit ...... suit within one year which means that there is no scope to condone the delay in filing the suit applying section 5 of the Act 1908 and, as such, the Adalat has committed an error of law allowing the proceeding to continue which should be declared to have been passed without lawful authority. It has..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....te Mr. Moqbul Ahmed appearing on behalf of the second parties-opposite party Nos.2-4, drawing our attention to the police report dated 28-8-2003, submits that, the learned Magistrate having not taken any cognizance as yet in this case there exists no proceedings in the eye of law and, as such, the q......n he shall, at first, pass an order of attachment as per section 146(2) of the Code. Next he can pass an order to appoint a receiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the parties to ascertai......d all these reports about the matter of dispute it appeared to him that there was a clear case of apprehension of breach of peace between the parties in respect of the disputed land and that unless a proceeding under section 145 of the Code is drawn it would not be possible to prevent the breach of ..Category: Criminal Law | Date: | Hits: 105
....udgment
March 13, 2007.
Result:
The Rule is discharged.
The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between t......, suit or the suit in which such issue has been subsequently raised and has been heard finally decided by such court.
18. It is established principle of law that court can reject the plaint at any stage of the suit if any of the requirements of Rule 11 above is satisfied.
19. We have gone thro...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
.... as to why they should not be directed to take immediate steps to remove the vessel MT Enterprise out of the territorial waters of the country; why they should not be directed to prevent the entry of any of the remaining hazardous vessels as listed by Greenpeace (Annexure-C) into the territorial wat......r 25-30 years. Unless they can be used for some other purpose, they are sold for dismantling and the bodies as well as other fixtures and fittings are recycled. It is an undeniable fact that at the stage of disposal of the vessels, they contain many hazardous materials and some other toxic wastes ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....es, the convict-appellants including the two other accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 7. The defence case as could be gathered from the trend of cross examination is tot...... stated in examination in chief that he knew nothing about the occurrence and also did not know the informant and the accused persons as well, bur the police disclosed the incident to them. At this stage P.W.6 was declared hostile and cross examined by the prosecution. P.W.6 declared the prosecu......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ent No.8 Md. Habibur Rahman. 2. Earlier a Rule was issued by this Court calling upon the respondents to show cause as to why the decision dated 21.5.2007 given by respondent No.5 without following any procedure (Annexure-C) should not be declared to have been passed without lawful authority and i......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ...... x 42 feet vacant land claimed by the petitioner in fact belongs to respondent No.8 and it has been used as passage for the two neighbours. But since there arose various disputes including a criminal proceeding as stated by the petitioner the parties agreed to settle the dispute by holding a local s..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
.... provision of a statute according to the ordinary and natural meaning of the language used by the legislature as the language so applied best declares the intention of the legislature and recourse to any other principle of interpretation is unnecessary…………………………(21) Admitte....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......by way of injunction restraining the respondents No.3-4 from transferring/selling or disposing of their properties mentioned in the schedule of the application pending disposal of the Arbitration proceeding now pending before the competent Arbitrator in Singapore. 2. After preliminary hearing..Category: Alternative Dispute Resolution | Date: | Hits: 506
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....for lodgment of a written complaint with the Executive Magistrate and detaining an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding trial thereof on different dates as were done in the instant case ......e High Court Division should interfere under section 561A of the Code of Criminal Procedure. In that decision, the Appellate Division observed as follows:- (a) Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts, no cas......n, the Sub-Inspector of Police submitted a prosecution report against the petitioner and the petitioner was admittedly kept in police custody on the night between 7-2-2011 and 8-2-2011 and the entire proceedings of the case from their very initiation to the passing of the impugned conviction were ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....itness and non examination of all the witnesses to the report is not fatal. The statements of witnesses will be of grant use to test the value of the evidence in Court. A copy of the FIR should accompany the dead body and should find reference in the inquest report in order to lend support to the pr......g the gunshot injury, deceased Abul Kashem fell down on the ground, whereupon accused Shahjahan, Belial, Jamal assaulted him indiscriminately with kirich and after leaving the deceased in unconscious stage the aforesaid accused by opening blank fires leave towards West of the 1st place of occurrence......d thereafter the confessing accused handed over the arms to the law enforcing agency. We have also seen that Ismail Chairman and Abu Taher, the local chairman has behind the informant to initiate the proceedings against the accused Abul Kalam Chowdhury with others. We have also seen that no bloodsta..Category: Criminal Law | Date: | Hits: 89
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