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Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......e of the statutory period of 90 days for disposal of the appeal. 11. In the case of Dr. Mohiuddin Khan Alamgir Vs. State in Criminal Appeal No.4393 of 2007 (unreported) this Court relying on the principle enunciated in Criminal Appeal No.2888 of 2008 granted bail to the convict-appellant in a......ssain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57.......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......o be struck down. Furthermore it is stated that section 9(2) of the Public Servants (Retirement) Act, 1974 (hereinafter referred to as the Act) has no guidelines for its appreciation and violates the principles of Natural Justice; the authority has issued the impugned order compulsorily retiring the...... 57th year of age and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner was appointed in Biman Bangladesh Airlines Limited (formerly Bangladesh Biman Airlines) on 20-8-1984 as Manager (Motor Transport) and was confirmed on 3......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..Category: Employment/Service Law | Date: | Hits: 157
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ...... Cases Referred to- Tukaram Ganpat Pandare Vs. State of Maharashtra, AIR 1974 SC 514; Barendra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In both the appeals and in opposition to the reference). Moazzem Hossain, ......in the district of Lakshmipur. 3. The facts of the case have been detailed in the judgment of the trial Court and the Division Bench and it is not necessary to repeat the same. However, for the determination of the question a few facts may be stated. At about 8/8‑30 in the morning of Decembe..Category: Criminal Law | Date: | Hits: 116
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......t a private person under sections 4 and 5 of the Anti-Corruption Act, 1957. On perusal of the record of this criminal revision we have found that at the time of issuing the Rule with reference to the principle laid down in the case of Abul Basher vs. State reported in 47 DLR 521, the Bench issuing t......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..Category: Criminal Law | Date: | Hits: 109
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242........ Further belated discloser of the names of the assailants by P.W. 5, possibility of embellishment and concoction of the prosecution case by the said witness cannot be ruled out. It is by now settled principle of law that delay in disclosing the names of assailants cast a serious doubt as to the tru......learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) mon...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......he earlier suit and the issues for determination in the subsequent suit are same. The earlier suit was adjudicated on by a competent Court. In the circumstances the subsequent suit is barred by the principle of res judicata as enunciated in section 11 of the Code of Civil Procedure. It is true tha......e order dated 27-7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rul...... above. We have also examined the judgment of the trial Court and the appellate Court in earlier Title Suit No.177 of 1994. It appears, in the earlier suit one of the important questions raised for determination was what quantum of land the CS Plot No.371 actually contained. It appears that to r..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......age resulting from civil action cannot be compensated by an order of costs. Essential requirements of an action for abuse of civil process are malice and absence of reasonable and probable cause. The principles which govern such actions are the same as are applicable to actions for malicious prosecu......cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an......feguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those cases. 8. The question that falls for determination is whether the cases complained of and in relation to which the plaintiff-appellant fi..Category: Property Law | Date: | Hits: 144
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......he case of Md. Ali Haider Vs. State, 40 DLR 97 that probability however strong, and suspicion however grave, can never take place of proof as because in a criminal trial presumption of innocence is a principle of cardinal importance and so guilt of the accused must be proved beyond reasonable doubt ......ing to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year ......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......resh case because no Court will be able to take cognizance as the same case will be beyond time as provided in clause (b) of section 141 of the Act. In such circumstances, we are of the view that the principle laid down in the case of Abdur Rahman Vs. Muklis Ali as reported in 31 DLR (AD) 118, may b...... other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed the pet......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385...Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......the complaint against non-payment of money has to be filed within one month of the date on which the cause of action arises. The High Court Division wrongly rejected the application for quashing. The principle of the above decision is quite applicable in our case." 22. Now the question arises whe......f 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Ba......our can a prosecution under section 138 be instituted as per section 138(c) read with section 141(b) envisages only one cause of action in respect of one and the same cheque. 13. Now the point for determination is (i) whether the petitioner filed the case satisfying the provisions of law and (ii)..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......e Tribunal shall decide the case ex parte. Lastly, for viewing the whole problem from the angle of finding the true intentions of the legislature, the learned Counsel urges us to apply the well known principle of harmonious interpretation. 19. Mr. AR Yousuf, the learned Counsel, agrees with Mr. R......polling took place on 12-6-96. The petitioner as well as some more candidates contested the election, but the principal contestants were the petitioner and late Dr. Ehtesamul Hoq Nasim Biswas, son of former President, Abdur Rahman Biswas. It is stated by the petitioner that Dr. Nasim Biswas was decl......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......oner. It is as if the Corporation has not taken any notice of the letter of resignation. The Corporation has treated the letter of resignation as a dead letter. 11. The question arises whether the principle of estoppel will come into play in view of the fact that the respondent allowed the petiti......nd to be of no legal effect. 2. The petitioner's case is that he was a Manager, Operational Control of the Biman Bangladesh Air Lines Corporation and he had been in the services of the Corporation for over 29 years. On 30.3.87 the Director of Flight Operation, passed an order directing the petiti...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......ntre, Chittagong. Thereafter, he held several posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as Deputy Director of the said department on 4-10-88. Therefore, as a Deputy Director the petitioner claims to be senior to respondent No.4 by about five and h......rity as per gradation list. If they had done so they would have been out of the writ jurisdiction, because by a constitutional mandate the Administrative Tribunal would have been the proper forum for determination of the question of suppression and seniority.” In para 95 of the same judgment the A..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......gation which is more appropriate for a tribunal rather than for a Court exercising the prerogative power. The fact, therefore, that alternative remedy is provided by law would not only upon the above principles but upon general principles to disincline a Court to invoke its extraordinary jurisdictio......irman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for conducting the said election and he notified the dates of filing nomination papers, scrutiny of ......s intervention will hinder the process of election which is the basis for running a democratic institution. It was also observed that section 26 of the Union Parishad Ordinance has put a clear bar to determination of an election dispute by any Court except the Election Tribunal. Moreover, the whole ..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....ual husband of Rokeya Begum, before any evidence were led to establish that the informant is the actual husband, is unwarranted". It shows his lack of knowledge about the practice and procedure guiding a Court. Hence, we are of the view that the impugned order dated 20-11-2001 has been passed ......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......r police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/497/109 of the Penal Code, alleging inter alia that, one Rokeya Begum, accused No.2, is the wife of Ekramul Kabir, the informant; that the accused No.2 without the consent of the informant got herself married with one Mr....... referred before us a case between the State Vs. Aynuzzaman, reported in 1987 BLD (AD) 100. 8. None appears to oppose the Rule at the time when the Rule was taken for hearing. 9. The points for determination in this case is whether taking of cognizance except upon a complaint in respect of o..Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... connote? fairness, impartiality, and evenhanded dealing, the statute in hand having categorically provided its application in respect of all suits/cases of similar nature, it cannot be said that the principle of equity has been violated in the instant case buy the Artha Rin Adalat in passing the im...... None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.516 of 2008) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......annot be given effect to retrospectively. It is further submitted that the Government cannot take steps and ask for duties on the basis of subsequent notifications and the Government is barred by the principle of promissory estoppel. It is further submitted that the impugned demand for additional du......on question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard together and these Rules will now be, disposed of by this common judgment. 2. Facts for the disposal of WP No. 2644/1990 are as follows: The petitioner under L/C dated 28.4.88 impor...... SRO 193 dated 15.6.89 and SRO 188 dated 16.6.89 inasmuch as the petitioner submitted the bills of entry on 29.1.90 and 1.2.90. It is further submitted that section 30 of the Customs Act provides for determination of the duty and sales tax at the rate prevailing on the date of submission of the bill..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......ther Taka 17,52,58,538 for price of the boat. 19. Before discussing the merits of the case, we like to refer the case of Associated Engineering Vs. Government of Andhra Pradesh wherein following principles have been enunciated. It has held by the Supreme Court of India in the case of Associa...... to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ...... him essential for the just decision of the case. The purpose of section 540 of the code is not to help any part to fill up the lacuna by recalling a witness. 11. It is well accepted and settled principle that a Court must discharge its statutory functions whether discretionary or obligatory ac......section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....mself or by any other person appointed by him in that behalf. Mr. Khan next submits that the learned Assistant Judge also erred in law in pointing to the market‑value of the suit property to be the guiding factor in determining the valuation of the suit ignoring the frame and scope of the suit and...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant ...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
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