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Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....Additional Court, Rajshahi Division, Rajshahi for disposal vide order dated 3‑12‑79. The learned Divisional Special Judge framed charge against this appellant on 2‑11‑82 and without examining any witness afresh and placing reliance on the evidence recorded by the Summary Martial Law Court by......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ...... while leaving, the Martial Law does not leave a trail and it is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the land. Here in this case the proceedings was earlier pending before the Summary Martial Law Court and there certain witnesses hav..Category: Criminal Law | Date: | Hits: 98
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
.... is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......he materials on record that respondent No.2 filed the aforesaid complaint case alleging that he was implicated in a false criminal case and was discharged from that case and thereafter a departmental proceedings was started against him. In that departmental proceeding witnesses were not examined in ..Category: Labour and Industrial Law | Date: | Hits: 177
Ahad Miah Vs. State, 1997, 26 CLC (HCD)
....ivision has been passed by the District Magistrate. In our opinion the order not only puts restriction on the liberty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, howeve......etitioner, to file hajira by him and to sign the register. In the result, this application is allowed with the aforesaid observation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 200.......rty of movement of a citizen but as well is unwarranted as that has been done without any sanction of law and partakes the nature of contempt of Court. In this view of the matter, however, we without proceeding further for such unwarranted order of the District Magistrate against him, express our in..Category: Criminal Law | Date: | Hits: 86
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....ecovered licensed fire‑arms and ammunition from the house which they seized on the same day, that, is on 12‑10‑96. It is also the case of the petitioner that the search party failed to find out any unlicensed arms and ammunition from the premises. It is also the definite case of the petitioner......his case and as the case is still under investigation and at least unaccounted ammunition have been recovered and as this petitioner is a very influential lady she may not be enlarged on bail at this stage. She may either abscond or may influence the witnesses or may obstruct the investigation. 5......son is always treated as a serious matter by the law enforcing agencies. But here the same has been treated otherwise. It appears that the prosecuting agencies while lodging the FIR or initiating the proceeding acted very half‑heartedly. 6. Now as regards the objection that has been raised by t..Category: Criminal Law | Date: | Hits: 89
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....nother………………Petitioners Vs. Rahima Khatun and others………….Opposite Parties Judgment November 12, 1998. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Nirode Chandra Banerjee Vs. Profulla Chandra B......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......no right, title, interest and possession in the suit land and the suit would be dismissed on compromise but no copy of the said compromise petition was served upon the petitioner. The suit while thus proceeding the defendant petitioners filed an application on 19-11-95 under Order 1 rule 10 Code of ..Category: Civil Law | Date: | Hits: 154
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
....ite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Reddiar and another Vs. Krishnaswami Reddiar alias Raja......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......ndment reads as: "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 twenty thousand rupees, ..Category: Procedural Law | Date: | Hits: 102
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....rty nor brought the suit property in the hotchpot for adjudication in the said suit. Rather the plaintiff respondent No.1 having relinquished his claim in respect of the suit property now cannot seek any further remedy from the Court against the defendant No.4 knowing fully well that by virtue of a ......btained a Rule in Civil Revision No.1506 of 1998. Rule was discharged on 24.8.1999. Again the said order the Government filed Civil Petition No.1344 of 1999, which was also dismissed in limine. At no stage the Government raised the plea that the suit was barred in the absence of consequential relief......shed in the official gazette, the assent, unless the contrary is expressed in an Act of Parliament or regulation shall constitute as coming into operation immediately on the expiration of the day the proceeding its commencement. 45. Section 6 of the Acting President’s order No.1 of 1972 repeali..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....1996 or such other or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "the BSRS") for esta...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......d Amirul Islam J.—This Rule was issued calling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....pondent objected to this and on 13.2.1991 the learned Judge kept the application for additional evidence on the record for consideration after the end hearing of the appeal. The appeal was heard for many days and both the parties made extensive arguments with regard to the merit of the appeal. After......d rules 28 and 29 mode or manner in which such evidence, once allowed under rule 27, has to be given and taken. At the moment we are not, therefore, concerned with rules 28 and 29 of Order 41, as the stage for consideration of these rules 28 and 29 has not come. 20. The next contention of the ......n, to the appellate Court. 29. Where additional evidence is director allowed to be taken, the appellate Court shall specify the points to which the evidence is to be confined, and record on its proceedings the points so specified." 11. This power to take additional evidence has also been..Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....er they started for searching Belayet Khan and Golam Hossain. It is the prosecution case that the accused kidnapped the victims to some unknown place in order to murder them. The searching party met many people in course of their search and narrated the fact of missing of these two persons. A GD Ent......heir statements appear to be wild and inconsistent with the first recorded version made in the GD entry as to the missing of Golam Hossain and Belayet Khan. But in the FIR which was lodged at a later stage, the names of accused persons are coming to light giving detailed particulars as to the encirc...... of 1988. Judgment Qazi Shafiuddin J.- This Death Reference was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmation of the death ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....ow detained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. The case of the petitioner is that the detenu ......stration was unable to function, wanton corruption at all level became permissible as part of life causing unbearable sufferings to the people, law and order situation was deteriorated to an alarming stage, etc. After assuming power, he created a reign of terror throughout the whole country and duri......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....ure but he also failed to do so and also failed to sign the same. We wonder how he could omit to sign the open Court and recording the order of Judgment in open Court on 25.1.89. 6. We do not find any apparent illegality in the said order dated 17.9.89. But question is whether for such negligence......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......mun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribunal No. II, Bager..Category: Criminal Law | Date: | Hits: 73
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ing to the parties of the making and signing thereof and of the amount of fees and charges payable in respect of the arbitrators and award. (2) The Arbitrators or umpire shall, at the request of any party to the arbitration agreement or any person claiming under such party or if so directed by ......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......he award within 3 years from the date of award. The suit has been filed very much within the period of limitation. 11. Mr. Rahman next submits that the plaintiff being a party to the arbitration proceeding cannot independently file the award in Court within the authority of the arbitrator as ..Category: Procedural Law | Date: | Hits: 93
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....of the same with a view to examining the applicability of sub-rule (4) of rule 5 of Order XXIII. Order XXIII reads as follows:— 1. Withdrawal of suit or abandonment of part of claim. (1) At any time after the institution of the suit, the plaintiff may, as against all or any of defendants, ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......n of withdrawal that the suit land being accreted char lands have been vested in the Government under P.O. 72/72 and P.O. 137/72 and the Government have already leased out the same and all suits, proceedings relating to such accreted lands are barred by the said President Orders, the object and ..Category: Procedural Law | Date: | Hits: 82
....port Division, constituted an Enquiry Committee headed by Mr. Noor Mohammad Akhand, a Joint Secretary of the said Ministry. The committee held enquiry on the back of the petitioner without giving him any opportunity of hearing and prepared a mala fide, false and fabricated report against the petitio......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......and accordingly the Secretary sent a report to the CMLA Secretariat under Memo No. EI/7/84-260 dated 19.5.85 stating that there was no material against the petitioner for drawing up of a departmental proceeding. But in the meantime, on the basis of the enquiry report headed by Joint Secretary, the..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
.... and paper notification and other due courses were taken against him. State defence Lawyer was engaged for him in the Tribunal. 6. The prosecution with a view to establish the charge examined as many as 15 witnesses and the defence examined none. 7. Besides the aforesaid 15 witnesses being e......brother Siraj. This P.W. 1 has also stated that only 8/9 days before the alleged occurrence there was some altercations between Monowara Begum, the wife of accused Siraj and deceased Julie and at one stage deceased Akhter Hossain slapped Monowara Begum which angered accused Rajib and Sohel both sons......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
.... Sessions Judge respondent No.5 acted illegally in according permission and, as such, the impugned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangla......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......Director, Bureau of Anti-Corruption, Dhaka and others, reported in 1998 BLD 167 it was observed that under section 5 of the Banker’s Books Evidence Act, 1891 no officer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any Banker's Book or to appear as wi..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....reafter the complainant on 12-4-2007 served a legal notice through his learned Advocate which was received by the accused petitioner on 17-4-2007 but the accused petitioner till to date has not taken any step to refund the said money to the complainant and hence the case. 4. On 6-8-2007 the accus......le of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand......d thereafter the same has been transferred to the Court of learned Assistant Sessions Judge 3rd Court, Rajshahi and the case is still pending for trial. 6. Being aggrieved by and dissatisfied with proceeding of Sessions case No.666 of 2007 arising out of CR Case No.274 of 2007 under section 138 o..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the petitioner) to determine his income and to pay tax. The scope of section 93 has been excluded by the sub-section (3) of the section 82BB. 7. It is submitted that unless otherwise the Board or any authority subordinate to the board in this behalf, if so authorized by the Board select petiti......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......nner to be determined by the board and refer the returns to the Deputy Commissioner of Taxes for the purpose of audit under sub-section (3) of section 82BB, no authority has the power to initiate any proceeding under the provision of section 82BB (3) or any other provisions of the Ordinance. On the ..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....hahi on 30‑1‑2000. In that case petitioner was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitio......ded and stated that the suspension order was passed due to the pendency of the criminal case and that the departmental proceeding still subsists as the criminal cast is still pending in the Appellate stage and till the disposal of the appeal there is no ground for the petitioner to withdraw his susp......er was acquitted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the service. Being aggrieved petiti..Category: Employment/Service Law | Date: | Hits: 147
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