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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ith the Kalihati Police Station alleging, inter alia, that in the night following 25th May, 1984 corresponding to 11th Jaistha 1391 BS his younger brother victim Younus Ali alias Ennas along with his son Md. Aktar Hossain, P.W.2 aged about 11 years and nephew Malek aged about 10 years went to catch ......the impugned judgment and order under appeal and thereafter canvassed the following points for our consideration: i) That the conviction of the accused appellants has been mainly based on the so‑called dying declaration of the victim Younus Ali and the evidence of the alleged eye‑witness P.W.......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....al Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and Kurban … …………………......ersons recorded under section 161 of the Code of Criminal Procedure with their forwardings which is not usually done whereby voluntariness of the accused in making such confessional statements may be called in question. More so, the P.W. 11 Mr. M.A. Kabir Ahmed, the learned Magistrate, during cross-......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... 1998. 2. Informant Mohammad Moktel Shaikh lodged a First Information Report on 27-2-98 with Kalia Police Station alleging that on 26-2-98 his cousin Delwar Hossain was assaulted by the accused persons resulting in serious injuries to him and informant got him admitted in Noapara Hospital and was......ry business which is within the domain of the Courts below." For the reasons stated above we find no merit in this Rule. 12. In the result, the Rule is discharged. Order of ad interim bail is recalled. Petitioner is directed to surrender to his bail bond within 15 (fifteen) days failing which ......police to harass and humiliate the petitioner. So he has been apprehending harassment and arrest by the police seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled ..Category: Criminal Law | Date: | Hits: 93
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....ioners. The respondents have recently taken up a scheme for construction of steel foot path over the bridge for the pedestrians at the important crossing in the city in 9 different places. The scheme so devised adversely affects the premises (shop rooms) at the feet of such bridges. The site selecte......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......ed and the attempted construction has to be stopped as the same is a device to destroy the business of the petitioners and the destruction will result in damage to the petitioners’ business causing loss. Construction of over-bridge in the city to avoid traffic jam and road accident is the need of ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....n Magistrate, in short CMM, Dhaka on 2-4-97 three petitions signed by Mr. MA Rashid Khan, Executive Director, of the Commission as the authorised officer against the respective First Party accused persons quoting extracts from the report dated 27-3-97 submitted by a Enquiry Committee constituted by ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......; (3) that the issuance of warrant of arrest instead of summons against the accused without showing reasonable ground was contrary to law for which accused persons have faced harassment and financial loss and that has occasioned failure of justice and (4) that those irregularities are not curable un..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
..... Result: The appeal is dismissed. Cases Referred to- GE Shipping Vs. Co. P.S.M.S. Saheb, AIR 1959 Mad 367; E.I. Rly. Vs. Piyare Lal, AIR 1928 Lah 774; Barbant Vs. King, 1895 AC 632; Ranson Vs. Platt, 1911 2 KB (CA) 291; Coldman Vs. Hill, 1919 1 KB (CA) 443. Lawyers Involved: Moz......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......bad for want of proper notice, that the suit is barred by limitation; that there had been gross negligence and inordinate delay on the part of the consignees, etc. and the defendant is not liable for loss were raised. 2. The trial Court noticed that the suit was filed on 20.7.65 that was beyond 6..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....n passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vire......ed Judges then came to the conclusion that under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959, though the order of finding by an appointing authority or Screening Committee cannot be called in question but the ruling in Zafrul Ahmed's case, 12 DLR (SC) 9 will be attracted and such f......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....ch he brought the suit. The suit was decreed by trial Court for a sum of Tk. 99,400/- but it was dismissed as against defendants 1 to 3, namely, Pourashava, its Administrator and the Magistrate and also defendants 8 and 9, namely, Officer of the District Council and the District Council. 4. Defe......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......hereafter the defendant No.4 pressed for vacant possession. So far is admitted. 3. The plaintiff alleged that the Pourashava sent Police force on 6.5.73 and he was evicted forcibly. He suffered a loss of Tk. 49,000/- and loss of his reputation for which he brought the suit. The suit was decreed ..Category: Property Law | Date: | Hits: 99
....him Bazar, P.S. Kotwali Chittagong. Their further case is that in the Certificate Sale it was wrongly shown that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving...... of notice on all the parties concerned as per provisions of the State Acquisition and Tenancy Act.
7. At the hearing of the appeal we had the advantage of going through the entire original record called for by the Court. The papers in the record substantially support the contention of Mr. Hamidu......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....Siddiquee J Dr. Kamal Hossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State......e lodged. But in the present case from the face of the record it appears that police wilfully disobeyed the order of the learned Chief Metropolitan Magistrate with an oblique motive and lodged the so-called first information report without holding preliminary enquiry. Further it may be noted here th......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein and Manzur Kader, Advocates - For the Petitioner. N...... and regulatory duty by the relevant customs and excise authorities for the period of 20-7-81 to 30-6-82 in terms of Rule 10 of the Excise and Salt Rules, 1944. Thereafter, the petitioner company was called upon to pay the arrear excise duty for Taka 53,500.16 for the period from 20-7-1981 to 30-6-1......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
....
Vs.
Government of People’s Republic of Bangladesh and others…………………Respondents
Judgment
December 9, 1997.
Result:
The Rule in Writ Petition No.781 of 1994 is made absolute.
The Rule in Writ Petition No.1377 of 1995 is discharged.
The Rule in Writ Petition No.......g their basic differences with others; and if these differences are identified, then the persons or things may be classified into different categories according to those distinctions; this is what is called “permissible criteria” or “intelligible differentia”. The Legislature while proceedin....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....d as Head Assistant and eventually he was promoted as Administrative Officer in the Local Parished Service on 1.6.64. It appears that in 1978 he was transferred to Rangpur Zilla Parished for the reasons he stated that he fell out from the grace of the Deputy Commissioner, Bogra he was transferred ......Magistrate for taking cognizance. The case was numbered as 1229-C/79. The learned Sub-Divisional Magistrate took cognizance on 27.6.79. A week earlier on 22.6.79 the Divisional Commissioner, Rajshahi called for the report but when the case was taken cognizance of by the Sub-Divisional Magistrate the......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....r of Property Act he refused to vacate the premises. Hence the suit for eviction was filed. The defendant contested the suit on various grounds denying that he is a defaulter. It was contended that some of the heirs of Rajani Kanta namely, Monoranjan Singha, Atomba Singha and Maya Debi left for In......dge was set aside. 4. When the District Judge noticed some peculiar features of the case and complicated question of title in view of the settlement in the vested property Case No.6 it precisely called for judicial scrutiny whether such question could be decided in a S.C.C. Suit. 5. Section ...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa V......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......ed a written statement together with a counter‑claim to the extent of Taka 20,22,81,000.00 by way of set‑off against the claim of the petitioner alleging that the respondents suffered damages and loss for the said amount on account of willful refusal of the petitioner to grant further loan by ex..Category: Civil Law | Date: | Hits: 116
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
.... made in the application for injunction and contended that 0.08 acre of land appertaining to plot No.154 described in "Ka" schedule of the plaint was purchased by the defendant Nos. 6 and 7 who are also heirs of the original owner Abdul Majid through their predecessor‑in‑interest Md. Yusuf Ali a......clusive possession and in which he has an inalienable right. Mr. Ruhul Amin finally submits that the petitioner has fundamental right to hold a property which cannot be trampled or sacrificey by so‑called theory of development work at the cost of the petitioner. In support of his submissions he re......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ffs asked the defendant No.1 to deliver possession of the suit shop to them for pucca construction and the defendant No.1 agreed to such proposal, but subsequently refused to deliver possession and also to pay rents to the plaintiffs. It is also alleged that defendant No.1 sub-let part of the suit p......sing jurisdiction under the Small Causes Courts Act, 1887 has jurisdiction to entertain an application for review under section 114 read with rule I of Order 47 of the Civil Procedure Code (for short called “the Code”). 8. Now it is well settled that tie power to review is not an inherent pow......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....rt, AIR 1974 Ori. 1; Joseph Orakew Izura Vs. The Queen, 5 ILR (PC) 540; Parshuram Detaram Shamdasini Vs. The King Emperor, 1945 A.C. 264; Atiqullah Vs. State, 33 DLR 11. Lawyers Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate......eave dated 3 April, 1983 showing the appellant suffering from gastric pain has been supported by a certificate from an M.B.B.S. doctor. If the Court did not rely upon it, the Court should have either called for a certificate from the authorised medical attendant, if any, of the appellant, or could h......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
.... Order) Act, 1965.
2. Appellant No.1 is a Company incorporated in Bangladesh and Appellant No.2 is the Manager of the said Company. One Abul Bashar was an employee under Appellant No.1 and was also General Secretary of Respondent No. 4, a Union formed of the employees of Appellant No.1 and re......ment of Labour (Standing Orders) Act, however, remained in force. A dispute and difference between Employers and Employees or between Employers and Workers or between Workers and Workers which were called a labour dispute in the Labour Dispute Act 1965 has been renamed as an industrial dispute. ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....he was an illiterate, and a purdahnasheen lady. The attesting witnesses are from distant places, and there was no witness from her native mouza. She was in no need to sell the land. The plainiffs also say, that nobody came to Ashrafjan's house. The employees of the Sub-Registrar's Office were gain......g the finding of fact the learned Single Judge has taken pains to consider all relevant witnesses, and other evidence on record. His findings of fact have been set out earlier, and no repetition is called for. Though a grievance was made about the misreading of the evidence at the time he leave wa......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
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