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Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
.... Code speaks of cognizance of offences by Magistrate including offences exclusively triable by a Court of sessions. Section 193 of the Code speaks that the sessions Court shall not take cognizance of any offence as a Court of original jurisdiction unless the accused has been sent to it by a Magi......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ...... Criminal Revision No.143 of 1989. Judgment Latifur Rahman J.- In this application under section 561A of the Code of Criminal Procedure, the accused petitioners have prayed for quashing of the proceedings of Special Tribunal Case No.89 of 1989 under section 19A of the Arms Act read with secti..Category: Criminal Law | Date: | Hits: 84
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....nce Purchase as per its purchase policy floated International Tender for such purchase. CSTC, China bid for supply of F22B Frigate was the lowest in the tender floated in 1995-96, but without showing any justification a decision to purchase frigate from Daewoo Corporation of South Korea was taken on......ng against the accused. 21. He further referred a decision of Abdul Quader Chowdhury Vs. State, reported in 28 DLR (AD) 38, wherein the Appellate Division held- "Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case c......Md. Shamsul Huda J.- Supplementary affidavits filed before us do form part of the main application. 2. This rule was issued on 6-12-2003 calling upon the opposite party to show cause as to why the proceeding of Special Case No.56 of 2003 (formerly Metro. Special Case No.72 of 2003) bearing BAC GR..Category: Criminal Law | Date: | Hits: 106
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ed the same for which on 10-5-1992 plaintiff kept her in the house of her father with a son. Plaintiff to go back to the defendant and wanted to continue their conjugal life but defendant did not pay any heed to it. Thus the plaintiff claimed her dower money and her maintenance and also the maintena......erve any interference of the decision of the appellate Court though the plaintiff is entitled to get the maintenance of her child from 10-5-1992 to 6-10-1995 and plaintiff can claimed the same at any stage. 40. Considering the facts and circumstances of the case and discussion above it is my vi......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....s of the view that the trial Court on consideration of the materials on record came to the finding that the case was not bad for defect of parties and that the Court of appeal below without assigning any reason abruptly came to the finding on the point of defect of parties. This finding of the High ......y served on him. Therefore, in our view he was debarred from making such cross-examination regarding defect of parties and he was also debarred from raising the questions of defect of parties at that stage of the proceeding after replying to the interrogatory served on him earlier". 16. In Abdur ......sor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: Elahi Box and Abdul Malek Mollah are owners of the case holding in equ..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....inance as it stood originally included a non-obstante clause as spelt out in section 3 of the said Ordinance which provided that the provision of the said Ordinance shall have effect not withstanding any law, custom or usage. But the said clause was omitted by Act 52 of 1974 for obvious reasons as i......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......State. Criminal Revision No.54 of 1985. Judgment Anwarul Hoque Chowdhury J. - This Rule arises out of an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding in C.R. Case No.156 of 1985 pending in the Court of the Upazila Magistrate Chhatak, Distr..Category: Family Law | Date: | Hits: 193
.... an order for holding judicial inquiry by himself and fixed date for the purpose. The learned Magistrate did not ask the police to hold re‑investigation in the case and the police also did not make any re‑investigation or further investigation in the case. Judicial inquiry is an independent inqu......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......95.
Judgment
Md. Hamidul Hoque J.- This Rule at the instance of one of the accused of OR case No.35 of 1992 pending in the Court of Magistrate, 1st Class, Court No.1 Barisal is for quashing the proceeding of 1992 pending in the Court of Magistrate, 1st class, Court No.1 Barisal is for quashing..
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....ly in dismissing the case on erroneous view that Labour Court cannot grant the relief of declaration. 3. It appears that the petitioner was appointed as a clerk in 1967 by the respondent No.2, Company and he worked in that capacity till 1973 when he was promoted to the post of Assistant Superviso......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......sed from service on 25‑11‑78. Thereafter he sent a grievance petition on 12‑12‑78 and having got no reply thereto filed the case before the Labour Court on 12‑2‑79 alleging that the whole proceeding was irregular, illegal and malafide and the inquiry officer did not give the petitioner o..Category: Labour and Industrial Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....davit‑in‑opposition wherein it has been contended that the learned Labour Court had ample jurisdiction in view of section 25 (1)(b) of the Employment of Labour (Standing Orders) Act, 1965 to pass any order which might seem to it fair and just and as the learned Labour Court felt that the punishm......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ...... was a worker designated as Line Sardar under the petitioner, a jute mills named Maqbular Rahman Jute Mills Limited. The respondent No.2 worked under the petitioner for about 20 years and on 3-7-86 a proceeding was taken against him charging him for misconduct for absence from duty for a part of the..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....oad and the Deputy Commissioner and the Superintendent of Police used to visit that centre occasionally during the polling time and there was no disturbance. None of the agents of the applicant put any objection at the time of counting before the Presiding Officer alleging that 100 votes of the ap......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..Category: Election Law | Date: | Hits: 273
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....m the Code of 1898, in view of the provision contained in section 537 of the Code which serve the same purpose in more general terms. The explanation to the section says that in determining whether any error, omission or irregularity in any proceeding under this Code had occasioned a failure of ......ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......ssain, Advocate -For the Complainant. Criminal Revision Case No. 242 of 1983. Judgment AKM Aminul Islam Chowdhury J.- In this application the accused petitioners have prayed for quashing the proceedings in P. Case No. 1041/82, Case No.92(1)/83 pending in the Court of Thana Magistrate, Mirza..Category: Criminal Law | Date: | Hits: 168
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....ered this legal question of limitation when the case was sent back on remand by this court. Section 15 of the said act reads as follows: ‘‘Where the access and use of light or air to and of any building have been peaceably enjoyed therewith, as an easement, without interruption, and for tw......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ...... who brought a criminal case against the defendants and during the pendency of the criminal case, the defendants erected a shed, planted certain plants and erected a mud wall in Aswin 1353 BS. Then a proceeding u/s 133 CrPC was started by the plaintiffs when the suit land was thus obstructed, the pl..Category: Civil Law | Date: | Hits: 147
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....leged, inter alia, in the application under rule 4 of Order 37 CPC that the plaintiff is an adopted daughter of one Meherunnessa Begum, wife of Late Nowab Ali Ashgar Khan and that she did not inherit any property and she used to live with her said mother having no means of her own; that the defendan......rms either to furnish security or to deposit the amount claimed in Court." The principles upon which the provisions of Order XXXVII of the Code of Civil Procedure should be applied are that at the stage when leave to defend is sought the judge is not to try the action; he is to see that there is ......arned District Judge, the plaintiff petitioner moved the present application under section 115(1) of the Code of Civil Procedure and obtained the present Rule and also an order of stay of all further proceeding of the Money Suit pending in the Court of the learned District Judge, Dhaka. 5. Mr. M..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....010088 dated 14-5-2003 and Bill of Entry No.152259 dated 28-12-2003 in favour of the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption af......he petitioner served legal notice upon respondent No.1 for immediate release of the goods in question enclosing the relevant judgment but till today no step has yet been taken in this regard. At this stage the petitioner moved this Division under Article 102 of the constitution and obtained the pres......released in favour of the instant writ petitioner. On that count the learned counsel for the petitioner, on the other hand, raised legal proposition of res-judicata that would operate as a bar in the proceeding of Title Suit No.324 of 2009. We are not concerned what will be the legal consequence as ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ার্য্য হইয়াছে।” 11. On a consultation of the entire order sheet we do not find, save and except return of acknowledgment due, whether the original loanee or heirs have any knowledge of the proceeding. Substituting of heirs does not mean that they have knowledge and al......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......r hearing or not, as such the judgments and orders impugned are liable to be set aside. 6. Mr. Shaheed Alam, learned Advocate on the other hand submits that, the petitioner was aware of the entire proceedings related to institution of the suit up to the ex-parte decree. The learned Advocate furth..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......dure the police officer investigated into the said non-cognizable offence and by the impugned order dated 6-11-1993 the Magistrate took cognizance under section 506 of the Penal Code. It is at this stage the petitioners moved this Division under section 561A of the Code of Criminal Procedure and o......, 1st class, Bandarban Hill District in non-GR Case No.137/93 arising out of Non-FIR Case No.64/93 of Bandarban PS dated 2-11 -1993 under section 506 of the Penal Code should not be set aside and the proceedings in the said case quashed. 2. The back ground leading to the issuance of the Rule, in ..Category: Criminal Law | Date: | Hits: 90
....h is a direct appointee in the same grade and wale having been appointed on 4.4.90 is also junior to the petitioner by 9 months. Under the Service Rules of the Trust an employee may be transferred to any post provided that his basic pay is not there‑by actually reduced. The post of Deputy Chief Ac......hich are inter‑transferable and the petitioner was transferred from the post of Manager to the post of Deputy Chief Accountant. If appears that the petitioner is now aged about 38 years and at this stage of life he is going to be thrown out and so before such a drastic action was taken it should h......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
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Category: Employment/Service Law | Date: | Hits: 207
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....naging Director of M/s. Premier Soap Factory Ltd. on 11.7.1987 drew a cheque bearing No. CHA HI D/C, 084647 for Tk. 1,77,200.00 on Sonali Bank, Chowk Bazar Branch, Dhaka payable to the petitioner company, M/s Javed Traders. The cheque was deposited with Islamic Bank Bangladesh Ltd. for clearance and......td. Vs. Ali Mohlaram Naqvi, PLD 1987 Kar. 102. We ourselves find a decision in the case of Santosh Kumar Vs. Bhai Mool Singh, 1958 (SC)wherein the learned Judges of the Supreme Court held that at the stage of granting leave what the Court had to determine was whether the facts alleged by the defenda......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ondent No.4 the Court of Settlement in Case No.34/87 (Ka‑89,‑Block‑F, Mohammadpur, Dhaka, Holding No.11A/8, Block ‘ F’ Mohammadpur, Dhaka) should not be declared to have been passed without any lawful authority and to be of no legal effect and why the respondents should not be directed to ......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......t. (d) requisitioning any public record, or copy thereof from any office; and (e) issuing commissions for the examination of witnesses and documents. 27. Section 10(3) provides that proceeding before a Court of Settlement shall be deemed to be a judicial proceeding within the mean..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
.... The defence is a plea of innocence and from the cross-examination of the witnesses, it appears that they took the plea that they were wrongly identified by the witnesses and that they did not commit any offence on that occasion. 5. The prosecution has examined 5 witnesses to prove the case but......ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......reported in 19 DLR 662, in support of his contention. 12. T. I. Parade are held to find out whether the suspect is the real offender or not. So the Court should insist on proper identification proceedings during investigation and if that identification is satisfactory then only the sworn test..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....an and has been owning and possessing the schedule land by paying rents to the Government regularly. The plaintiff opposite parties have no right, title, possession and interest over the suit land in any manner and the claim of the plaintiff-appellant is false and a fabricated story and no occasion ......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......ights under the provisions of the Bengal Tenancy Act. It appears that both the parties have adduced rent receipts and the petitioner has paid rent upto 1991 and there was mutation though the mutation proceeding is under challenge in the appeal and, according to decision 35 DLR (AD) 216, rent receipt..Category: Property Law | Date: | Hits: 144
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