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Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......litan Special Tribunal No.10, Dhaka in Metropolitan Special Tribunal Case No.82 of 2002 convicting him under section 19A and 19(f) of the Arms Act, 1878 and sentencing to suffer rigorous imprisonment for 10 years and 7 years respectively and to run concurrently. 2. Prosecution Case, in short, is ......, they all had some common interest in the case. Informant, P.W.7, Mahabubur Rahman and the Investigating Officer P.W.8, Md. Abdur Rouf were the member of the self same team. Like such situation, for fair and impartial investigation it is not desirable to investigate the case by a person, who is a m......d having found prima facie case against him had submitted the charge sheet being charge sheet No.236 dated 31-10-2001 under section 19A and 19(f) of the Arms Act, 1878. 4. The case being ready for trial the record of the same was sent to the Court of Senior Metropolitan Special Tribunal and Sessi..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......he State. Syed Mizanur Rahman, Advocate - For the Anti-Corruption Commission. Criminal Miscellaneous Case No.13163 of 2003. Judgment 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 t......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......tioned in the tender documents. It was purchased despite not being qualified to consider as Frigate for lack of equipments and other facilities and the Frigate was brought to Bangladesh without any trial before the due date. The then Prime Minister signed the purchase proposal received on 1-7-1996..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....thus appears that the finding of the trial Court that the suit is hit by the proviso of section 42 of the Specific Relief Act is not sustainable. In that view of the matter, the appellate Court below rightly reversed the finding of the trial Court on that point. 9. Now only question which has to ......tuted the instant suit being other class suit No.133 of 1986 in the Court of the learned Senior Assistant Judge, Sadar Upazila, District Rajshahi impleading the present petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vid......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......pplication for temporary injunction under Order 39 rules 1 and 2 mad with section 151 of the Code of Civil Procedure and a show cause notice was issued to the defendant petitioners and ultimately the trial Court after hearing the injunction matter rejected the prayer for temporary injunction. 4. ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ing themselves for three monthly periods. And it is not lawful for them to hide what Allah has created in their wombs, if they have faith in Allah and the last day. And their husbands have the better right to take them back in that period, if they wish for reconciliation and women shall have rights ......d not be set aside. 2. Plaintiff case, in short, is that the opposite party as plaintiff instituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legall......He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do? So Allah revealed concerning his affair what is mentioned in the Holy Quran about the affair of those involved in a case of Lian. The P......e plaintiff filed this suit after the decision of the conciliation council. And the plaintiff is not entitled to get any relief as prayed for and the suit is liable to be discharged. 4. During the trial plaintiff produced two witnesses on the contrary defendant examined three D.Ws. to prove their..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......ladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared......Appeal No.1664 of 1993. Judgment Md. Mozammel Hoque J.- This suo motu Rule was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central......n of Eliadah McCord was issued by this Court and since the instant appeal, namely, Criminal Appeal No.1664 of 1993 relates to the same person with regard to her conviction and sentence awarded by the trial Court, we have heard the two cases together and are disposing of the same by one Judgment. ..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
.... whatsoever. 8. Md. Kamal-ul-Alam, on the other hand, contended that the pre-emptees did not raise the point of defect of parties at the earliest opportunity, for which the High Court Division had rightly interfered with the judgment of the Court of appeal below holding that since this point ha...... being a Government Servant, she used to stay with her husband at different places and so she could not visit her paternal home regularly. On her request her brother, the vendor, arranged a meeting for amicable partition of the joint property and in the said meeting, the vendor disclosed that he......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ...... land by purchase. They have got their names mutated upon separation of the jama and have been paying rent. The case is hopelessly barred by limitation and also bad for defect of parties. 5. The trial Court allowed the pre-emption and on appeal from the said judgment, the Court of appeal below ..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......, Barisal in Title Appeal No. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petiti......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......rred Title Appeal No.59 of 1985 which was heard and disposed by the learned Subordinate Judge, 1st Court. Barisal. On 30.09.1985 the appeal was dismissed on contest and the judgment and decree of the trial Court was affirmed. It was the concurrent findings of both the Courts below that the order of ..Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......iminal Appeal No.1437 of 1991. Judgment Md. Badruzzaman J.- The Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Brahmanbaria, for confirmation of the sentence of death imposed upon accused Tajul Islam, Abdul Hossain, Feroz Mia...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......rge on 4‑12‑89 for the offences punishable under sections 364/302/201/34 of the Penal Code against 40 persons including the 36 accused‑convicts. All the charge‑sheeted accused persons were on trial in the Court of the Additional Sessions Judge, Brahmanbaria who formed charges against them fo..Category: Criminal Law | Date: | Hits: 139
....xpenses of the petitioner and the respondent No.4 having accepted the benefit of that change of name on the condition, they are estopped from claiming so in law and also bound by that waiver of right made by them with knowledge.
5. The Secretary, Ministry of Works. Government of Banglades......rected against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust.
2. On that appli......ely. Mr.M.A Siddique as Trustee in the Board of Trust and in appointing so no vested right of representation of the petitioner to the exclusion of anybody else has ever been violated and it is only fair that the petitioner having represented in the last terms, the respondent No.4 be given chance t......tment existed. This is the position of the Ruse as is evident from record.
4. The petitioner's case is that the petitioner is one of the oldest and most representative bodies of traders and industrialists of Bangladesh operating throughout the district of Dhaka having been incorporated under ..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....ment of the learned Labour Court. It appears from the Judgment of the learned Labour Court that the learned Labour Court agreed with the findings of the domestic tribunal that the respondent No.2 was rightly found guilty of misconduct for absence from duty on 1‑7‑86 and also absent from duty fro......his writ petition named Nurul Haque 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 ......t 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 punishment in the form of dismissal from......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. ..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
.... matter, the instant revisional application is incompetent. Mr. NH Khondker submitted that the lower Appellate Court, being the final Court of facts on proper consideration of the evidence on record, rightly passed the impugned Judgment and order declaring the applicant as elected Chairman and it ca......o.1 being applicant filed Election Tribunal Case No.8 of 1992 in the Court of the Assistant Judge and Election Tribunal, Chandpur impleading the present petitioner as opposite party along with others for a declaration that the election of the returned candidate namely; present petitioner of No.10 Ta...... those two centres and managed to cast false votes in his favour of absentee voters and of persons who were already dead in spite of protest of the agents of the applicant. Consequently there were no fair and peaceful election in those two centres and that the agents of the applicants were also driv......im and shown cast in favour of the opposite party‑petitioner and in fact 131 votes were, invalid there and not 31 votes as alleged by the applicant. 4. The learned Election Tribunal who held the trial considering the evidence, facts and circumstances dismissed the case by his Judgment and Order..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....3) then gives a finality to the decision of the Tribunal upon the election petition save as provided in subjection (4) which confers upon any person aggrieved by a decision of the Election Tribunal a right to prefer an appeal to the District Judge. Obviously the reference is to the decision rendered......rder dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferred against an order of the Election Tribunal for re-counting of ballots. 2. The petitioner and opposite parties Nos.1-3 contested the election......y meaning, but it has been poured out in various judicial decisions that the simple device of adopting the ordinary dictionary meaning of the word used in a statute does not always meet the ends of affair and reasonable conjunction. To find out the exact color and shape of the meaning of the word on......igh School Centre and managed to secure hundreds of votes by false personation. The petition was opposed by the petitioner by filling a written objection denying the allegations. 3. During the trial while the D.Ws. were being examined, opposite party No.1 filed an application for re-counting ..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....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. ......ate. Amjad Hossain, 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 ......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. ......t X of 1872, express provision was made in the last clause of section 144, to the effect that where the complaint has been made by petition and the Magistrate neglects to examine the complainant, the trial, of the person accused, shall not be set aside on this ground. This provision was omitted from..Category: Criminal Law | Date: | Hits: 168
....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521....... Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limi......
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
Abul Hussain Md. alias Abul.....................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents
......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521...
Category: Criminal Law | Date: | Hits: 105
Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)
....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......ed 18.3.89 passed by the Subotdiuate Judge, Natore in Other Class Suit No.45 of 1988 should not be set aside. 2. It appears that the plaintiff appellant petitioner instituted other suit No.45 of 1988 for declaration of title in the suit land against the defendants. Admittedly the plaintiff appellant......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......ossession of the suit land though the said company is admittedly in possession of the suit land. In the circumstances both the courts below found that the plaint is liable to be rejected. Further the trial Court also held that the suit is barred under section 3 of the Companies Act. In the instant c..Category: Procedural Law | Date: | Hits: 130
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....46 on 31.3.54. 2. The present appellants were defendants in the trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and 4 to the land mentioned in the sche......t, Sylhet in Title Suit No.567 of 1946 on 31.3.54. 2. The present appellants were defendants in the trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pathway over Plot No.1 and 2 and drain in plot No.3 and......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. ......rt, Sylhet in Title Appeal No.158 of 1950 setting aside those passed by the Munsif, First Court, Sylhet in Title Suit No.567 of 1946 on 31.3.54. 2. The present appellants were defendants in the trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a ..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2.......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......stion the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2. Facts giving ris..Category: Property Law | Date: | Hits: 112
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......r. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judg......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......e framed charge against the petitioner under sections 313 and 493 of the Penal Code and discharged the other accused. Thereafter the case is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the ca..Category: Criminal Law | Date: | Hits: 112
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
.... and Highways of Bandarban after his transfer elsewhere in his residential telephone No.366 at 21-00 hours to 23-45 hours for the last 15/20 days and threatened them as such the family members got frightened and pursuant thereto the accused petitioners on 5-10-1993 were caught red handed and the......t once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......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. ......riminal Procedure States:— "No police officer shall investigate a non cognizable case without the order of a Magistrate of the 1st or 2nd class having power to try such case or send the same for trial." 11. The police having not done so, the subsequent taking of cognizance by the Magistrat..Category: Criminal Law | Date: | Hits: 90
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......r. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.788 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Session Case No.2 of 1991 pending before the Assistant Sessions Judg......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......e framed charge against the petitioner under sections 313 and 493 of the Penal Code and discharged the other accused. Thereafter the case is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the ca..Category: Procedural Law | Date: | Hits: 153
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