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AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ......onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ......onouncement of talak effective. In view of the same, we find no merit in this application. So, the application is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 265. ..Category: Family Law | Date: | Hits: 178
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....cumvention of the normal process of law’." 15. The relief sought for in this writ petition clearly shows that the proceeding of the Special Tribunal Case has been challenged. The proceeding of a criminal case can hardly be challenged in writ jurisdiction. The proper remedy challenging the proce......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... Deputy Commissioner of Customs and on interrogation, he confessed that he had 19 gold bars with him which were seized by the Customs Officials by a seizure list (Annexure-A to the writ petition). Thereafter, one Md. Jahangir Hossain, Customs Inspector attached to the said Airport lodged first infor..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....egarding the existence or non-existence of a fact to prove the guilt of a person, the golden rule of benefit of doubt, to an accused person, which has been a dominant feature of the administration of criminal justice in this country with the consistent approval of the superior Courts, will be reduce......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. ......about 8-00 AM an information was received that a dead body was found floating in the said Haor near the house of Ismail chowkider of village Kazirbad six kilometers off the house of the informant. Thereafter, the informant with her brothers Premananda Das, Nitfya Nanda Das and others went there and ..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.......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.......l Procedure, was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No.288 of 2007 (Kotwali Zone) under section 138 of the Negotiable Instruments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, sh..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....he case record. 10. In the instant case the only point to be decided in whether the impugned order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law a......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......said point raised by the accused-petitioner reference may be made to the relevant provisions of law. 14. Section 241A of the Code of Criminal Procedure relates to discharge of accused person which reads as under: "241A. When accused shall be discharged.- When the accused appears or is brought ..Category: Criminal Law | Date: | Hits: 84
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. ......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. ......d petitioner verbally prayed for time and that though the case was filed before one day before the expiry of one month from the date of receipt of the second notice, the proceedings cannot be quashed readily when from the materials on record it appears a prima facie case of committing offence agains..Category: Civil Law | Date: | Hits: 150
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....Savings.- Nothing in rule 6 or 7 shall apply to a case— a) where the accused is dismissed or removed from service or reduced in rank on the ground of conduct which has led to his conviction in a criminal charge; or b) where the authority competent to dismissed or remove the a used from servi......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... the 4th Court of Munsif, Dhaka praying for decree declaring that he is continuing in his service as his dismissal was not made as per service rules of the corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as ..Category: Employment/Service Law | Date: | Hits: 182
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....mmons has been issued on complaint. The learned Advocate appearing for the accused respondents on the other hand submitted that section 247 of the Code of Criminal Procedure has application in all criminal cases after omission of Chapter XXI and amendment of Chapter XX of the Code of Criminal Pro......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......y subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything herein before contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some Other day: Provided that, wher..Category: Procedural Law | Date: | Hits: 85
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....ated 20-9-2001. 5. Being aggrieved by the aforesaid order dated 16-9-2001, taking cognizance by the Chief Metropolitan Magistrate upon the said Non FIR prosecution, the accused petitioners filed a criminal Revision No.484 of 2001 before the learned Metropolitan Sessions Judge, Dhaka, under sect......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....... filing of complaint in respect of offence under sections 495/497 of the Code. The canon of interpretation is that, where under a specific section or a rule a particular subject has received special treatment such special provision will exclude the applicability of any general provision which migh..Category: Criminal Law | Date: | Hits: 79
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61.......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... out in the FIR lodged with the Mirpur Police Station on 8.6.1990 by one Monirul Islam, ASI Mirpur is, that the informant along with some constables were on patrol party at Mirpur‑ 11 and when they reached Taltola Basti of that Section at about 12 at night on 7.6.90 one of the accused witnessing t..Category: Criminal Law | Date: | Hits: 81
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. ...... 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. ......Shipyard & Slipways Ltd. for construction and delivery of 2(two) Nos. Fast Patrol boats. 1st party Ananda Shipyard & Slipways Ltd. took the work order and submitted the performance bond. Thereafter, on 25-10-2004 1st party took payment of Taka 1,75,25,853.80 as advance being 10% of the con..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. ......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. ......al or other proceeding can summon any person as witness or examine any person as a witness or examine any person in attendance though not summoned as a witness or recall and re-examine any person already examined who are expected to able to throw light in dispute………………………(11) ..Category: Criminal Law | Date: | Hits: 97
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....terials on record submitted that accused and complainant are residents of Brahmanbaria town and close neighbours and they have boundary dispute between them and over the same one civil suit and three criminal, cases are pending in the Court in Brahmanbaria. He further submitted that complainant havi......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....e of death awarded by him to accused Azam Reza convicting him under section 302 of the Penal Code by the Judgment and order dated 17-1-2005 passed in Druta Bichar Tribrural Case No.26 of 2004 and the criminal appeal and jail appeal preferred by condemned-prisoner Azam Reza has been directed against ......examination she stated that at the time of making inquest of the dead body of the deceased her mother was not present. She was in another room of the same house. She (P.W.2) and her husband read in Mymensingh Medical College. The accused, his sister Shampa Reza, Zahidul Kabir, her (P.W.2) husband Dr...... 5. At about 8-25 PM the informant filed a written complaint with Gulshan Police Station against the accused alleging that he caused the death of the deceased, but he police did not record the case treating the written complaint as FIR. They recorded that written complaint as GD Entry No.690 dated ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....dson of the defendant No.1. Later the defendant Nos.1, 4 and 5, by filing an additional written statement, asserted that the defendant No.3 Badsha Molla was missing for last two years and there was a criminal case in between the parties pending and the defendant Nos.4 and 5 upon constructing shop an...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ich was a khas properly recorded in khas khatian No.1, measuring 1.32 acres of land comprised in Plot No.1334 and 1193 within mouza Krishnapur, under Sadarpur Upazlla, Faridpur. The defendant No.1 thereafter mutated his name in the relevant record of right and paid the rent and taxes to the governme..Category: Procedural Law | Date: | Hits: 120
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
....g. 3. It is a GR Case and police investigation has not yet been completed. The decision reported in 28 DLR (AD) 38 settled that proceeding can be quashed at early stage if it does not disclose any criminal offence. It is also settled by the Supreme Court in numerous decisions that no case can be ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ...... Rahman alleging that from January 1994 upto January 1996, the accused petitioner took in all from him Taka 20,25,000 and the accused petitioner on different dates returned Taka 13,25,000 and for the reaming Taka 7,00,000 gave cheque dated 31-7-1998 from his account maintained with IFIC Bank Motijhe..Category: Criminal Law | Date: | Hits: 87
Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)
....sue a Rule in a case like this. Accordingly, this revisional application is allowed and the Judgment and order dated 28.10.93 passed by Mr. Mustafa Inamul Hafiz, Additional Sessions Judge, Jessore in criminal Appeal No. 78 of 1987 is hereby set aside and the appeal is sent back to the Court of appea......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......e started his judgment in English and after writing 16 lines started quoting some portions of the judgment of the trying Magistrate which was delivered in 'Bangla’ which covers 8 typed pages and thereafter the appellate Court came to his own decision in one sentence to the effect, "We found nothin..Category: Criminal Law | Date: | Hits: 85
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....a nature of civil proceeding and, as such, Court should act upon the pleadings of the parties. 29. Writ petition under Article 102 of the Constitution is not necessarily to be treated under civil, criminal or any other jurisdiction. The 'Writ jurisdiction' "in the language of Mr. AK Brohi, Fundam...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......n in projecting the cause of the people. It is stated that the abstention of respondent Nos. 3‑5 to attend the parliament is a clear violation of the right, obligation and privileges but they have created a dead‑lock by taking an obstinate attitude directing to make the Parliament ineffective. T..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....a fide act of the accused appellant otherwise he could not have written any letter to the insurance company. 25. The main ingredients of section 405 of the Penal Code is misappropriation to commit criminal breach of trust in respect of property over which he had dominion as public servant. From t......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......19‑10‑94 passed by the learned Additional Sessions Judge, and Special Judge, 2nd Court, Faridpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for ..Category: Criminal Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......ble, the public interest element is always the criteria for doing so. The Courts all over the world in deciding an issue give importance always to the overall interest of the people at large which commensurate with the sense of social justice in a welfare state. 54. There is no doubt that the Gov......Government of Bangladesh (Annexure-Q to the Writ Petition No.4040 of 2007) that although since 50% of the total number of 9143 work-charged employees till 1986 comes to 4572 but instead, 6,654 were already regularised, apparently, an excess of 2,182 employees were regularized. As such, the committ..Category: Employment/Service Law | Date: | Hits: 208
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