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Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....it of the prosecution case, that the said report of postmortem examination was made exhibit upon allowing the application of the prosecution by the order dated 1.3.88 when the defence did not raise any objection and that the plea of right of private defence cannot be raised now as it was not put f......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431....... noticing the conditions of section 509A of the Code of Criminal Procedure accepted the postmortem report as Ext. 10. Section 509A runs as follows: "509A. Where in any inquiry, trial or other proceeding under this Code the report of a post‑mortem examination is required to be used as evide..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....ted 5.8.79 was illegal, null and void and not binding upon the plaintiff. Section 14 of the Arbitration Act provides that when the arbitrators have made their award, the arbitrators at the request of any party to the agreement or any person claiming under such Party or if so directed by the Court ca......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......a wage‑earner in the United Kingdom influenced the defendant No.1 who was the Chairman, that the said defendant No.1 turned down the prayer of the plaintiff for adducing evidence in the arbitration proceedings and that the award was in fact prepared by one Mr. Saiful Alam Khan, Advocate at the ins..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
.... impugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......by him is now followed in India and in some of the cases in this sub‑continent. Lord Denning observed: "At one time it was said that the principles of natural justice applied only to judicial proceedings and not to administrative proceeding but that hereby was scotched." Wade in his Ad..Category: Property Law | Date: | Hits: 133
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....roduced before the Police Station on arrest, were loitering around the J.R.B. camp when complainant Aftabuddin called them and asked them as to why they were so loitering to which they could not give any satisfactory reply. Assistant Leader Aftabuddin made a search of their body and found two dagg......ose accused were at that time mere children. This has not been considered by the court below. This age factor and the possession and control factor has not been considered by the court below at any stage of the proceeding. 11. There is substance in the contention of the learned Advocate and it ...... were at that time mere children. This has not been considered by the court below. This age factor and the possession and control factor has not been considered by the court below at any stage of the proceeding. 11. There is substance in the contention of the learned Advocate and it need be consi..Category: Criminal Law | Date: | Hits: 97
....eafter, filed I.R.O. Case No.267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being a Trade Union Leader was not liable to be transferred to any station outside Dhaka in view of section 47B of the Industrial Relations Ordinance, 1969, and ......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......se or statutory public authority;
(c) any law to which clause (3) of Article 102 applies.
(2) Where any administrative tribunal is established under this article, no Court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tri..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....er matters raised by the respondents under r.90, were left open, and their consideration is therefore not competent in this appeal. Their Lordships would reiterate what has been said by the Board on many previous occasions, that fragmentary decisions of this character are most inconvenient, and te......ppeals are not maintainable, the Memorandums of Appeal should be treated, for the ends of justice as applications for revision which the learned Counsels for the appellants have prayed for. At this stage they were asked to pay the deficit Court-fees required to be put in for revisional application....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
....Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in ......ert to the above findings of fact by the Additional Deputy Commissioner (Revenue), Kishoregonj and simply directed that fresh proceedings be initiated by the Deputy Commissioner, Kishoregonj from the stage of Section 4 (3)(b) of the said Ordinance.
5. Thereafter the Deputy Commissioner, Kishorego......no jurisdiction to deal with L.A. Case No.32/81-82. He however did not advert to the above findings of fact by the Additional Deputy Commissioner (Revenue), Kishoregonj and simply directed that fresh proceedings be initiated by the Deputy Commissioner, Kishoregonj from the stage of Section 4 (3)(b) ..
Category: Property Law | Date: | Hits: 116
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....l No.583 of 1964. After receipt of the records by the executing Court from the High Court Division it ought to have proceeded with the execution case and directed the decree holders to take steps, if any, and in the event of failure of the decree holders to take any step in the execution proceeding,...... Civil Procedure was passed in favour of the mortgagees on the 9th August, 1928. The decree holders applied for execution of their decree on the 19th December, 1930. The matter passed through several stages and the decree holders applied for execution of the mortgage decree against the judgment debt......Cox’s Bazar. Defendant-appellants 1-3 preferred Second Appeal No.583 of 1964/Civil Rule No.213(S) of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Execution Case No.70 of 1964 passed in Civil Rule No.213(S) of 1964 on 4-12-196..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....t was found absent from the very initiation of the case. The trial Court also appointed a State defense lawyer to defend the accused in trial. In order to prove its case, the prosecution examined as many as twelve witnesses. After closing the prosecution, the appellant could not be examined under se...... hearing hue and cry, he went to the house of occurrence and saw many people there. On inquiry he came to know that the victim Saifullah was killed, but he could not say as to who killed him. At this stage he was declared hostile by the prosecution and the defense declined to cross-examine him. P.W.......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
....; AIR 1953 (SC) 244; (1881) 17 Ch.D. 746 (758) (A) and (1952) A.C.100(B); 41 DLR 395 (paras 58, 59 and 95); AIR 7930 (Bombay) and AIR 1953 (SC); 41 DLR (AD) 30; AIR 1951 (SC) 41; Southern Railway Company Vs. Greane, (1909) 216 U.S. 400; AIR 1952 (SC) 75; AIR 1951 (SC) 41;41 DLR (AD) 25.
Lawyers I.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......ance. It was urged that the Acting Chairmen, having had the authority to do all functions of the Chairman, under section 14(2) of the Union Parishad Ordinance, they are entitled to participate in the proceeding of the Upazila Parishad as its representative members. The Appellate Division, upholding ..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....pugned order dated 22.4.89 the decree-holder-petitioner moved this Court and obtained the present Rule. Section 44A (1) of the Code reads as follows:— "Where a certified copy of a decree of any of the superior Courts of the United Kingdom or any reciprocating territory has been filed in a ......of the parties and after notice to the parties and after hearing Such of them as desire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage, (a) transfer any suit, appeal or other proceeding pending before it for trial or disposa...... to that Court." "21. (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie- (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed (seventy thousand taka) ..Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....d upgrade issued by Ministry of Finance. 20. From the above discussions it is apparent that the petitioners have been serving as an Auditor and a Superintendent under the Ministry of Education and any claim of upgradation of pay scale involves terms and conditions of service, we therefore conside......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......cts he can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statue. The matter arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division rig..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....hat right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interference by this Division at an initial ......is writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interference by this Division at an initial stage of investigation cannot be supported under law. In this regard the decision of Abdul Hoque Vs.......nsel for the respondent also submits that right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interf..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
....strict Judge, Section Court, Narail in title Appeal No.44 of 2000 reversing those dated 3-4-2000 passed by the Senior Assistant Judge, Narail in Title Suit No.6 of 1992 should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order d......fassal area because the long-standing practice throughout the country is that in a title suit relating to land, the derivation of title of the plaintiff-defendant is narrated in the pleading from the stage of CS record as it forms the basis of title. 11. In view of the aforesaid discussion, for p...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ndamental rights of the petitioner guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed a......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......ent, in short, is that sub-section (2) of section 31 of the Act, 2009 provides that notwithstanding repeal of Money Laundering Prevention Ordinance, 2008 (in short, the Ordinance of 2008) any case or proceeding pending before any Court under the Ordinance shall be disposed of in such a way as if it ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....aid papers and proper remedy the petitioner submitted an application to the respondent No.2 on 9-2-2005 praying for returning back his original BA Pass certificate and mark sheet. But he did not give any reply to the petitioner. Thereafter the petitioner applied to the Chittagong University authorit...... Quashem. However, the name found, in the application made by the petitioner and the so-called original certificate supplied by him is Md. Abul Kashem it is not conceivable that the University at any stage can issue certificate in the name as "Kashem" when the records show that the name is "Queshem.......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....he affidavit in opposition filed in writ petition No.4206 of 2009 in has been categorically stated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass any order in their aid. This view finds support in the decisio......is writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interference by this Division at an initial stage of investigation cannot be supported under law. In this regard the decision of Abdul Hoque Vs.......rit petition No.4202 of 2009 submits that right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable under law since no proceeding as such was pending before any competent Court of jurisdiction and for this reason interf..Category: Criminal Law | Date: | Hits: 107
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....nd proceeded with trial in absentia, as the appellant in the meantime was released on bail and thereafter did not turn up to face the trial. 3. In support of its case, the prosecution examined as many as eleven witnesses out of sixteen, who were cited as such in the charge sheet. The learned Addi......s neighbor Mohammad Ali, father of the appellant, on 22.9.1993 and asked him about the reason of not connecting Gas line to their house, following which an altercation took place between them. At one stage his (victim’s) wife Shonabhan returned home. In course of the altercation, the appellant Raf......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
....dated 5-7-1994; that the plaintiff thereafter filed an appeal before the authority and also submitted an application to the Managing Director of the bank on 11-7-1994 requesting him not to initiate any further action against him but the authority dismissed his appeal on 19-10-1994; that the plaint......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......excess of his power and for allowing clean drawings in different SOD accounts exceeding the face value of the securities etc. to some of the clients without any authority. Thereafter a departmental proceeding was started against him and the inquiry officer on inquiry found that the plaintiff is gu..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ive orders passed in the execution case. 2. The petitioner's case, in short, areas follows: The petitioner is a director of Messrs Romana Industries Limited (thereinafter referred to as the Company). Respondent No.3 Md. Altaf Uddin is the full brother of the petitioner and Managing Director of......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......ure-D and E to the writ petition respectively) passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Rin Suit No.371 of 2003. The petitioner also challenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up final decree as well as Order No.4 d..Category: Civil Law | Date: | Hits: 269
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