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AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....an but he failed for which the complainant sent a legal notice on 3-6-2008 to the accused through his lawyer which was received by the office of the accused on 8-6-2008 but the accused did not take any step to repay the loan; that in reply to the legal notice the accused stated that there was a wr......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......nder section 265C of the Code of Criminal Procedure it is the duty of the Court of Sessions to discharge those accused against whom it appears to the Court from the record that there is no ground for proceeding after recording its reasons upon a consideration of the materials on record and after hea..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ner Vs. Government of Bangladesh & Others………………….Respondents Judgment July 22, 2010. Result: The Rule is made absolute. Case Referred to- GM Jamuna Oil Company Ltd. Vs. Golap Rahman, 34 DLR (AD) 166. Lawyers Involved: Mahmudul Islam with Probir Neogi......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......is not valid in law. 33. As per Regulation 52 (3) a Review Panel has to be constituted with minimum three members, but that does not necessarily mean that if one of the member does not participate proceeding the decision will be invalidated. In the instant case, Review Panel was of three member..Category: Others | Date: | Hits: 127
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....se falsely by the police. The case of Mofazzal Ali Haider who has been convicted under section 120B of the Penal Code for conspiracy is that he did not know either of the two accused persons nor made any conspiracy with them, that he did not own any Motor Cycle nor lent it to the other accused perso......sed do not retract his confession either by application from jail or by directly filing such application in the Court at any time no grievance of torture and inducement can be entertained at the last stage of the trial. In the instant case we have found as stated earlier that before his examination ......in front of the Civil Surgeon office room of the hospital. At that time their peon Saferuddin and stretcher bearer Abdur Rashid and Cashier Aftab returned from Bangladesh Bank with cash money and was proceeding towards their office room. It was then 12‑10 or 12‑15 P.M. At that time many members ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....moted to the post of Lieutenant Colonel wherefrom he retired.). It is contended further that the petitioner wanted to see the search warrant but the personnel of law enforcing agencies failed to show any search warrant but forcibly entered into the house creating an atmosphere of terror and panic. M...... such, the framing of the charge and her prosecution would be an abuse of the process of the Court and continuation of the proceeding against the petitioner in absence of legal evidence would cause wastage of time, energy and harassment to the petitioner. 5. The State represented by the Deputy Co......ted 7‑4‑97 passed by the Sessions Judge, Dhaka in Sessions Case No.319 of 1997 framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose o..Category: Criminal Law | Date: | Hits: 107
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
.... 5. The accused filed this application under section 561A of the Code of Criminal Procedure for quashment of the aforesaid proceedings alleging that the F.I.R. of the instant case does not disclose any offence as alleged and that the accused-petitioner and the informant are partners of a business ......riated the entire amount of money given to him by the informant. Mr. Talukder further submits that when the F.I.R. discloses the offence as alleged, the petitioner can not seek for any relief at this stage before framing of the charge and as such the Rule is liable to be discharged. 8. Mr. Khanda......cellaneous Case No.16495 of 2007. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceedings of G.R. Case No.65 of 2007 arising out of New Market Police Station Case No.32 dated 30...Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ases Referred to- Re. H.R. Harmer Ltd., [1958] 3 All E.R., 689; Exeter City Association Football Club Ltd. Vs. Football Conference Ltd. and Another, [2004] 1 WLR 2910; Re Kare P. LTD. (Delhi), Company Cases, 276; Kader Textiles (Pvt.) Limited Vs. Md. Lehajuddin Miah, 10 MLR (AD) 2005, 70; Faruk (...... Ltd. Vs. Football Conference Ltd. and Another, reported in [2004] 1 WLR 2910 in which the ratio succinctly reads thus: "The statutory rights conferred on shareholders to apply for relief at any stage are, ……inalienable and cannot be diminished or removed by contract or otherwise." The c......tled to have the affairs of a company conducted in the way laid down by the company's constitution. Members are entitled to expect that their board shall perform its functions as a board and that the proceedings of the directors shall be carried out in a normal and orthodox manner. They are entitled..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....icer (P.S.O) on 9.3.1999. Thereafter, the respondent No.1 most illegally and arbitrarily demoted the petitioner to the post of Senior Scientific Officer (SSO) vide dated 27.4.2000 without obtaining any sanction from the Board of Governors and also defying the order of the Ministry of Water Resourc......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......r dated 27.4.2000 passed by the Respondent No.1 most illegally and arbitrarily without obtaining any sanction from the Board of Directors. Thereafter, the respondent No.1 initiated a disciplinary proceeding against the petitioner on 30.5.2000 in which the petitioner submitted his statement of de..Category: Employment/Service Law | Date: | Hits: 166
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....d to be tried. The accused Ibrahim remained absconding and his trial proceeded in accordance with the provisions of Section 339B (1) Cr.P.C. During the trial of the Case, the prosecution produced as many as 15 witnesses, out of which the P.W.1 Md. Shukur Ali is the informant, P.W.2 Abul Kalam Azad i......to enter upon his defence. But it all depends upon the accused to avail or not. The accused person himself could cross-examine the witnesses and put forward his defence Case. No one, at the appellate stage, is entitled to a benefit out of his own laches. From the endorsement of the learned tribunal ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....of 1961) for the entire area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he ......mined and cross‑examined and during cross‑examination of P.W.2, a suggestion was given to him on behalf of the defendant No.1 challenging the status of the plaintiff as Nika Registrar and at that stage, the learned Advocate for the plaintiff‑petitioner thought it wise and necessary for the pro...... Munsif, First Court, Tangail in Other Class Suit No.117 of 1985 or such other or further order or orders as to this Court may seem fit and proper. At the time of the issuance of the Rule all further proceedings of the aforesaid suit were stayed for a certain period and then it was extended till dis..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
.... plaint that the plaintiff specially mentioned therein that the dedication was made in the year 1928 AD. An oral dedication in Hindu Law is also possible for religious and charitable purposes without any document in writing. It can be established by cogent and satisfactory evidence of conduct of the......ng and further there was no prayer for recovery of khas possession as because the auction purchaser defendant Nos.1‑3 took symbolical possession of the suit land. Now, question is whether in such a stage of the suit when issues were not settled and even the written statement from the side of the d......the employees of defendant No.5 the Government of the People’s Republic of Bangladesh in order to make an illegal gain of the said land, which is a Debottar property, managed to start a certificate proceeding being No.201‑A/69‑70 against the dead persons showing them as certificate debtors and..Category: Property Law | Date: | Hits: 113
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....efrain from proceeding with the suit in the said case which Petitioner respondent No.2 is not permitted by law to do. 2. Respondent No.2 Saudi Bangladesh Industrial and Agricultural Investment Company Limited filed on 2‑7‑1994 Money Suit No.6 of 1994 in the aforesaid Artha Rin Adalat for real......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......rit Petition No.3344 of 1996. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Eastern Bank Limited calling upon the respondents to show cause as to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate..Category: Civil Law | Date: | Hits: 119
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
.... and auxiliary equipments, as detailed in the Schedule of the application. 2. The aforesaid directive was passed by this Court upon a application filed by the petitioner, namely Crown Maritime Company (I) Ltd. represented by their local agent Sea Bird Marine Services, Chittagong under section 7 K......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......and will operate to the prejudice of respondent No.6. 10. Mr. Huq submits that the petitioner has already referred the matter to arbitration and in the event of his success in the said arbitration proceeding, he will be entitled to damages and compensation. Mr. Huq contends that it is a settled p..Category: Alternative Dispute Resolution | Date: | Hits: 632
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....iyad Saudi Arabia. Primarily, the accused made an offer to the complainant to start manpower business. Accordingly he gave offer to the complainant that if he can procure Visas from different company of Saudi Arabia and export manpower in the name of Aroma International, a firm of the accused's ......lainant to visit to his office Binimoy International on 24.01.2010. On that date at about 6 p.m. the complainant with other person went to the office of the accused and in course of discussion at one stage the accused became furious and refused to pay the dues of the complainant and threatened him f...... the Metropolitan Magistrate Court, Dhaka on 15.03.2010 and obtained bail and enjoying the same. Thereafter the case was fixed on 21.09.2010 for framing charge. 5. Being aggrieved by the aforesaid proceeding of the case, the accused petitioner has come before this court and obtained the present..Category: Criminal Law | Date: | Hits: 104
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....er No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper......anner- "The provisions of section 47 are applicable at the time of institution of a suit under the Ain, 2003. Section 60 cannot be interpreted in such a way that section 47 can be applied from the stage of institution of a suit which was filed long before the Ain, 2003 came into force." 10. Th......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....ll Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Navigation Company and another Vs. Bangladesh, 27 DLR (1975) 170; Anwar Hossain Chowdhury Vs. Government of the Peo...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......ry, to show that the owner did not intent to dispose of the beneficial interest therein or that the transferee or legatee holds the property for the benefit of the owner, shall be admissible in any proceedings before any Court or authority. (3) Where any immovable property is transferred to a p..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
.... was taken on remand for five days by the police and she was produced before the learned Chief Metropolitan, Magistrate, Dhaka on 9‑11‑96 after the period of remand. But police failed to find out anything from her during the period of remand and there is also no confessions by her. On 9‑11‑1......g on behalf of the accused-petitioner, submits that in this case the FIR was lodged on 2‑10‑96 though the occurrence took place on 15‑8‑1975 and in this FIR which was lodged at a very belated stage the accused‑petitioner has not been named as an accused. It is for the first time at the tim......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..Category: Criminal Law | Date: | Hits: 82
Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
....a Mayana Kena Roona Meyappa Chetty Vs. Soon Navena Supramanian Chetty). It is quoted: "It is quite clear that an executor derives his title and authority from the will of his testator and not from any grant of probate." 5. A reference has further been made in the aforesaid decision in the case......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......9‑3‑96 bequeathing all his immoveable and moveable properties to Shubhra Nandi Majumder, daughter of Sudhir Kumar Nandi Majumder who filed an application for probate of the said will and the said proceeding is still pending being Probate Case No.186/86. The aforesaid Shubhra Nandi Majumder havin..Category: Civil Law | Date: | Hits: 117
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....Assistant Accountant in the District Board was not a lower post than the post of Accountant, Works Programme. He held that the post of Accountant, Works Programme is merely a temporary post without any cadre. It is neither a Government service nor a local council service. In the absence of statuto......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 03.06.1974 under the Local Council Servants (Effi..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....igation of the offence; under the Ain and also the offences under other laws specified in the schedule of the Ain are to be done by the Durniti Daman Commission (hereinafter called the Commission) or any officer of the Commission authorized by the commission to hold investigation. Section 32 of th...... taking cognizance as required under section 32 of the Ain does not arise. The provisions of those two sections of the Ain have no manner of application in the instant case as it was at the later stage of investigation when the Ain came into operation. The learned Advocate for the opposite party...... in the Court of Senior Special Judge, consisting of the Sessions Judge, Sylhet. For quashing the proceeding of that special case, so far as it relates to the petitioner him on the grounds, (1) the proceeding of the case is abuse of process of the court as cognizance of the offences against those ..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....n that the death of his daughter was homicidal in nature the informant lodged the First Information Report (hereinafter referred to as FIR) stating that on 25.08.2001 in between 4.00 and 9.00 p.m. at any time the accused Golam Sarwar Hossain Mollah, the father-in-law Shakhawat Hossain Mollah, the mo...... Sarwar Hossain Mollah of Pirojpur village under Sonargaon Police Station on 12.01.2001. After the marriage the husband of the victim Anika Shikder Lucky used to assault her demanding dowry. At one stage on 5.8.2001 demanding dowry the accused Sarwar Hossain Mollah beat up Anika Shikder Lucky and ......e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ..Category: Criminal Law | Date: | Hits: 97
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