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Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
...., made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......y sanction order is allowed for ends of justice. The prosecution will have to examine the witnesses afresh after obtaining the said sanction order from the authority. The case is taken off from the trial list at this stage. To 16.9.82 for further orders awaiting receipt of the sanction order. Accu...... made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed……………..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....dur Rouf J Kazi Nurul Haque…………………………Petitioner Vs. The State…………………………Opposite-Party Judgment August 7, 1983. Result: The Rule is made absolute. Lawyers Involved: Formanullah Khan - For the Petitioner. A.P.M. Sahid, Assistant ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ...... maunds and 20 seers only, and thus the accused person allegedly misappropriated 442 maunds of wheat. After investigation the police submitted a charge-sheet against the accused persons. 3. In the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the lea......cial Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried under section 409 B.P.C. and section 5(2) of Act 11 of 1947 upon allegations that the accused petitioner while working as o..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....haikh Obaidul Haq………………………Petitioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 3......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......itioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR 327; A.I.R. 1938 (Madras) 129;AIR 1956 Ma..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....………Petitioner Vs. Secretary, Ministry of Home Affairs & others……………………………………Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Liver Siege Vs. Anderson, 1942 A.C. 206; Nakhudali Vs. M.F. Jayarat......erwise valid order of detention cannot continue an illegal detention. On this ground also the detention of the detenu in the present case has been rendered illegal. In this case of course even the so-called independent order of detention dated 9.5.85 was illegal on the same ground of non-communica......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1..Category: Criminal Law | Date: | Hits: 78
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting the accused appellant Md. Hasan Malik @ Titu under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment fo......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......eport, Araihazar Police Station Case No. 3 dated 5-10-2005 was started. Police after investigation submitted charge sheet against the accused under section 302 of the Penal Code. 4. At the time of trial, the learned Sessions Judge framed charge against the accused under section 302 of the Penal C......asmin, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 c..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
....egum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the ......rocedure for restoration of the said Miscellaneous case for pre-emption to its file and number stating that since 8-7-2001 he was in ailment and, as such, he could not take any step when the case was called on for hearing on 24-7-2001 and the Court passed an order of dismissed for default for non ap......ded the merit of the pre-emption case which is not permissible under law. Secondly, the Court below failed to appreciate that the petitioner was prevented by sufficient cause not to appear before the trial Court while the case was called on for hearing and, as such, the order cannot be sustained in ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Amena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rul..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....tion, in short, are as follows: The petitioner, Hubble Corporate Limited is a private limited company incorporated under the Companies Act, 1913. In course of its business, the petitioner imported some water pumps from Italy through Letter of Credit (L/C) No.IMD./46/SEMR/ 162 dated 2-5-1996. The ......akhawat Hossain, Advocate - For the Petitioner. Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petitioner called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of th......ses are completely distinguishable and those decisions have no manner of application in the instant case. 19. The questions raised by the learned Advocate for the petitioner must be decided by trial Court on merit after taking evidence at the final hearing of the suit. 20. In view of the d......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....Bala & another…………………………..Accused-Petitioners Vs. State………………………………Opposite Party Judgment March 10, 2011. Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in approp......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ......tention merely on the allegations that he has committed an offence punishable with death or imprisonment for life. If he is granted bail the ultimate conviction of accused after conclusion of his trial can repair the wrong done by grant of interim bail to him but no satisfactory reparation can b...... Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in appropriate cases depending upon the circumstances of each case. No hard and fast rule can even been laid down nor can there be any rule of practice upon basis of which such..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....een established by the Parliament through Administrative Tribunal Act 1980 to exercise its jurisdiction in respect of matters relating to or arising out of the terms and conditions of service of a person in the service of the Republic, including the matters provided for in Part IX and the award of p....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......rs to meet the petitioner's grievances, High Court Division should not be over burdened with such cases. An aggrieved person out of desperation or just taking a sportive chance may invoke the summary trial under writ jurisdiction alleging infringement of fundamental right which ultimately may turn o......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the petitioners situated at District Dhaka, Mouza Chakuli, JL No.214, Police Station Pallabi. 6. The facts of all the writ petitions, in short, are that the petitioners were the owners and possessors of the lands as described in the writ petitions. They got those lands by way of inheritance or ......k it will be 5(1a) had not been served in accordance with law. From the order dated 28-11-1988 it appears that some papers relating requisition and acquisition of land in LA Case No.5 of 1972-73 were called for by the Anti-Corruption Officer and those papers were found to be untraced. 29. In the ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....………Opposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature a......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......e, the proceeding is not liable to be quashed." 12. In respect of the maintainability of this application under section 561A of the Code of Criminal Procedure, the learned Counsel submits that the trial of the case has already begun, so at this stage, the application for quashing is not maintaina......pposite parry Judgment May 6, 2008. Result: The Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there i..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....and sisters are highly educated and have been working in higher post in Bangladesh and out of Bangladesh. The complainant is a founder of Chuadanga District Chatra League and freedom fighter. He is also Secretary of Bangladesh Awami League, Chuadanga District Committee as well as social worker in th......led that on the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial. No interference is therefore called for with the impugned proceeding. 13. In the result, the Rule is discharged. The order of ......one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial..................................(12) ......ivision (Criminal) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury……………Accused-petitioner Vs. The State and another……………Opposite parties Judgment December 12, 2006. Result: The Rule..Category: Criminal Law | Date: | Hits: 81
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Kazi Md. Wahidunnabi......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ubmitted a report and the Sub-Divisional Magistrate sent the case to the Special Tribunal No.1, sChittagong who receive the same on 16-5-78 and took cognizance of the offence on the same day. After trial Mr. Md. Mahbubur Rahman, Special Tribunal No.III, Chittagong acquitted all the accused persons......isdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others…………………………………………Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. ..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....madullah…………………………….Appellant Vs. The State……………………………………………Respondent Judgment February 6, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Mokim Vs. Mozammel Huq (1959) II DLR 86=PLD 1959 (Dhaka) 411. ......This Rule is accordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......took cognizance of the offence under section 406 of the Penal Code against the accused-respondents and transferred the cafe to the Court of Mr. Shafiqur Rahman, Magistrate First Class, Shariatpur for trial. The learned Magistrate examined 7 (seven) P.Ws. and framed charge under section 406 of the Pe......ember of the Managing Committee of Giriberchar High School of Goshairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only fr..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until it is established by the prosecution beyond rea......ustified in convicting and sentencing the accused appellants under section 302/34 of the Penal Code. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in t......annot, on failure to do so, take advantage of the weakness of defense case. He must succeed by the strength of his own evidence and the clearness of his own proof……………(19) In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on t......ase is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....Pvt.) Limited and another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5, 2010. Result: The Rules are made absolute with observation and direction. The Constitution of Bangladesh, 1972; Articles 31 and 102 ......vant for the purpose of disposal of the Rules, in brief, are that on 19-3-1997 a notice was issued under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 hereinafter called the Ordinance, for acquiring lands to establish Korean Export Processing Zones (KEPZ) in LA C......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
....nging an office order of the Ministry of Liberation War Affairs as contained in Memo No.Mu:Bi:Ma:/Pro-1/Bivid-34/2002-371 (wrongly typed as Mu:Bi:Magistrate:/Pro-1/Bivid-34/2002-371) dated 28.10.2003 so far it relates to payment of state honorarium with other benefits for 5% disabled freedom fighter......accrued the vested right to receive “Rastrio Sammani Bhata” which cannot be taken away”. (paragraph 9)
11.The Appellate Division in dismissing the civil petitions also observed:
“ We called upon the learned Counsel representing the leave petitioners to address the Court as regard t...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
.......
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....rt, nor submission of the FRT creates any vested right in the accused…………………(19) In the case of an allegation of committing an offence that requires guilty mind, it is the natural person responsible for such act who is called upon to answer the charge and is liable to be brought to ......s any vested right in the accused…………………(19) In the case of an allegation of committing an offence that requires guilty mind, it is the natural person responsible for such act who is called upon to answer the charge and is liable to be brought to the book by lifting the corporate ve......unsel for the petitioner that, the concerned company has not adopted any resolution to file the complaint petition, so the Court below should not have ordered to proceed with further investigation or trial of the case upon the complaint petition dated 16-4-2006, treated as FIR. We have noted that th......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....30 days. The bank then published tender notice in two daily newspapers namely, 'the Daily Janakantha' and the 'the Daily Amar Desh' on 22-06-2006 for selling the mortgaged property which could not be sold on auction. At this stage, the bank filed Artha Rin Case No.32 of 2008 before the Artha Rin Ada...... as stated above. (All the underlinings are mine) 14. In the result, the Rule is discharged, however, without any order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Before parting we would like to observe that there was absolute lacking and negl......enders a consequence which is not mandatory but merely directory. The learned counsel further argued that a question of limitation is a mixed of question of fact and law which can be decided at trial. Further he submits that this is not a fit case where interference under Order VII Rule 11 of ......s also Reported in: 64 DLR (HCD) (2012) 487. ..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....Chowdhury J Md. Rezaul Hasan J Enamul Haque……………………Petitioner Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order ......ot No.10843, under BS Khatian No.3823 of Mouza Padua, Police Station-Lohagara, District-Chittagong. The police having forwarded the complaint to the Magistrate 1st Class, Lohagara, the Magistrate has called for a report from the police as regards the matters of the aforesaid allegation filed under s......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......r Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Mag..Category: Criminal Law | Date: | Hits: 105
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