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Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the second first information report by the investigating officer. It is argued that when the naraji petition was pending before competent court, before disposal of the naraji petition there cannot be any second first information report over the self‑same matter. In support of his contention the ...... Bangladesh Vs. Tan Kheng Hock reported in 31 DLR (AD) 69. In that case it was held that there is no provision in the Code conferring power upon the High Court to interfere in a case at investigation stage. High Court's power of superintendence cannot ordinarily be extended when the case is still at......General—For the State. Criminal Revision No. 738 of 1999. Judgment MM Ruhul Amin J.—This Rule was issued calling upon the Deputy Commissioner, Sylhet to show cause as to why the impugned proceeding of GR Case No.219 of 1999 arising out of Balaganj PS Case No.4 dated 3‑11‑1999, pendi..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....n the Court below are an abuse of the process of the Court. 5. On the other hand, Mr. Sirajuddin Ahmed, learned Advocate appearing on behalf of the complainant-opposite-party No.2, fails to make any dent in the above submissions of Mr. Md. Khurshid Alam Khan; but he submits that in the facts an......Court of the Chief Metropolitan Magistrate, Chittagong on the allegations, inter alia, that the complainant and the husband of the accused-petitioner were very friendly with each other and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lakh from the complainant by way o......howdhury J.- On an application under section 561A of the Code of Criminal Procedure, 1898 filed by the petitioner, this Rule was issued calling upon the opposite-parties to show cause as to why the proceedings of the Sessions Case No.1832 of 2009 arising out of CR Case No.552 of 2008 (Panchlaish Z..Category: Criminal Law | Date: | Hits: 120
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ted 25-4-2006 (Annexure-A) restraining the petitioner from releasing the manufactured goods and the impugned adjustment of Taka 10,90,585 made page at 72 of the VAT Register of the petitioner without any show cause under section 55 of the VAT Act, should not be declared to be without lawful authorit......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ocates appearing on behalf of the petitioner before us in the writ petition, the impugned order and the annexures thereof and submits that the impugned action of the respondent without initiating the proceeding of section 55 of VAT Act, 1991 but took action only on the basis of the report and reques..Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
.... Begum Bazar, Dhaka along with their mother. The mother of the petitioners filed an application before the Secretary, Ministry of Works on 6.8.1974 praying for releasing the said property but without any result. The mother of the petitioners died on 10.3.75 at Dhaka and she was buried in the Mohamma......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......valid or directing the Government or any officer or authority subordinate to it to return, restore, or transfer the building to any other person, or (b) suit, appeal, application or other legal proceeding is pending before any court, immediately before the date of publication of the list in th..Category: Property Law | Date: | Hits: 90
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
.... International Committee of Red Cross, his prayer could not be acceded to and expressed regret in confirming the citizenship to the petitioner. He preferred an appeal on 21.12.83; but did not receive any reply from the said Ministry. While the matter was pending for release, Ordinance No.54 of 1985 ......cess of serving the notice of surrender upon the occupant, to take over possession upon enquiry or investigation, forming opinion whether the property is an abandoned property or not and in the final stage upon such formation of opinion taking over the property and to be continued in such possession......or invalid or directing the Government or any Officer or authority subordinate to it to return, restore or transfer the building to any person, or (b) a suit, appeal, application or other legal proceeding is pending before any court immediately before the date of publication of the list in the..Category: Property Law | Date: | Hits: 90
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....iving at the aforesaid decision. “4. (1) When the Government, on receipt of information and after making such inquiries as it may deem necessary is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property dis......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......an, Assistant Attorney-General - For the State. Criminal Revision No. 439 of 1996. Judgment Md. Hamidul Haque J.- By this Rule, the opposite party was called upon to show cause as to why the proceedings of Mirpur PS Case No.41 dated 15-1-96 pending in the Court of Chief Metropolitan Magistr..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....q. None appeared on behalf of the complainant-opposite-party. 9. In support of the Rule two contentions have been pressed into service which are: (i) The petition of complaint does not disclose any ingredient of offence punishable under sections 406/420 of the Penal Code and the continuation o......f the Code cannot be used to interrupt or divert ordinary course of criminal procedure and the criminal proceeding started against the accused-petitioner cannot be allowed to be buried at the present stage. If the proceeding against the accused-petitioner is interfered with now that would result in ......Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong..Category: Criminal Law | Date: | Hits: 112
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... not guilty and claimed to be tried. 6. In order to prove its case, the prosecution in all examined 19(nineteen) witnesses. The defence Cross-examined the prosecution witnesses but did not examine any defence witness. 7. The defence case of the present appellants in short is that the alleged c......asked her about the occurrence. In the meantime, so many neighbouring people came to their house. When her brother-in-law Ohid Miah was coming towards their house, he heard a sound of gunshot. At one stage she lost her sense; on the following day her ‘চাচা শ্বশুর’ Jharu Miah,...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
....how cause as to why the execution and transfer of the property of the petitioner’s deity by the respondent Nos. 1-3 in favour of the respondent No.4 should not be declared to have been done without any lawful authority and to be of no legal effect or such other or further order or orders passed as......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......nnection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of the Constitution.
(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic of ..
Category: Property Law | Date: | Hits: 85
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....ing from within a belt alike bag, specially made for carrying the same, tied round his waist. They also recovered some drugs and cosmetics from his suitcase and carton. As the petitioner did not make any declaration as per provision laid down in Rule 3(5) of the Passenger (Non-tourist) Baggage (Impo......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......d. Azizul Haque J.- This Rule Nisi, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the Respondents to show cause as to why the proceeding of Special Tribunal Case No.96 of 2003 pending in the Senior Special Tribunal, Sylhet, ar..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....twali Zone) under section 138 of the Negotiable Instruments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated ......ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......f 2008. Judgment Md. Azizul Haque J.- This Rule, on an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceedings of CR Case No.288 of 2007 (Kotwali Zone) under section 138 of the Negotiable Instruments..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....learned Advocate for the accused-petitioner submits that the accused petitioner is innocent and that he has been falsely implicated in this case and that the first information report did not disclose any offence of section 165A of the Penal Code and that no inquiry was held as per provisions of Anti...... 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the said proceeding should not be generally interfered with at an interlocutory stage. 12. The contention of the accused-petitioner is that the First Information Report did not ......ecord. 10. In the instant case the only point to be decided in whether the impugned order of framing of charge against the accused petitioner is liable to be set aside. 11. Ordinarily, criminal proceeding instituted against an accused person must be tried under the provisions of law and the sa..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... liable to be quashed. Now let us see the section 138 of the Negotiable Instrument act which reads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount......inciple of law is that to ring 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......f 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to shy the proceedings in CR Case No.138 of 2007 under section 138 of the Negotiable Instrument Act, 1881 now p..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....ection 87(2) of the Ordinance read with rule 135 of the rules in respect of withdrawal of a dispute. Section 87(2) of the Ordinance runs as follows: “Subject to the rules, registrar may withdraw any reference transferred referred under sub-section (1) and may deal with it himself in the manner ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... deal with it himself in the manner provided in such rules.” Rule 135 of the Rules run as follows: “Withdrawal of reference by the Registrar on an application by any party to an arbitration proceeding pending before an arbitrator, the Registrar may, for reasons to be recorded writing withd..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....d notification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled...... per Article 123(4) of the Constitution. Chapter V of the President’s Order 155 of 1972 starting with Article 49 and ending with Article 72 deals with election dispute and provide law for different stages of Parliamentary Election. Therefore these provisions are required to be read with Article 12......all be held within ninety days following next after the last day of such period.” 24. The General Rule of interpretation is that if a provision contains direction respecting the time or modes of proceeding for exercise of power there is at least a strong presumption that the power must be exerc..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
.... is continuing in his service as his dismissal was not made as per service rules of the corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dism......of appeal or in the revisional application, the petitioner has raised the question of section 42 of the Specific Relief Act and, as such, the petitioner is not entitled to raise this question at this stage in revisional jurisdiction and in support of his contention referred to the case of Sarder Ahm......it and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 got its finality on 16-11-82 and that the corporation without any proceeding has passed the dismissal order. The defendant petitioner contested the suit by filing a w..Category: Employment/Service Law | Date: | Hits: 182
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....jheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17, 1990. Result: The application is dismissed. Cases Referred to- Mahmudur Rahman Vs. Monipur Tea Company Ltd., 28 DLR 133; ACK Krishpaswami Vs. M/s Stressed Concrete Constructions Pvt. Ltd., AIR 1964 (......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......er stated that there is no grievance for alleged inability to pay loan from the loan giving agencies, namely, BSRS and ICB. The lawyers of the aforesaid two loan giving agencies have appeared in this proceeding by filing powers, But they have not filed any application alleging that the company is un..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....ocess' which includes both summons and warrant. Section 247 runs as follows: "247. If the summons has been issued on complaint, and upon the day appointed" for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, t...... for trial of warrant cases. After the amendment, Chapter XX is made applicable for trial of cases by a Magistrate and there is no distinction between the summons cases and warrant cases at the trial stage. A Criminal case may be initiated and taken cognizance of upon Police Report or upon complaint...... word in a legislation which is not there. 8. It may be mentioned that before the said amendment and thereafter Chapter XVII has been applicable in all cases in connection with the commencement of proceedings before Magistrates. Section 204 of that Chapter empowers Magistrate to take cognizance o..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....h calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner's case is that he was a Mana...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......rom service. The petitioner did not comply with the office orders dated 30.3.87 and 6.5.87 and instead submitted his resignation from service on the very same day i.e. on 6.5.87 to avoid departmental proceedings. He also handed over the charge of his office with effect from 6.5.87 and this brought t..Category: Employment/Service Law | Date: | Hits: 225
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....t appears that the appeal was filed on 3-9-92 and the same was disposed of on 6-9-92, i.e. after expiry of stipulated period of two days. It is further submitted that the respondent No.7 obtained as many as 1510 votes and if he was not a candidate those votes would have been cast in favour of other ......ated thereunder. In that case it was further observed that for the purpose of determining an “election dispute” the term “election” includes the whole election process passing through several stages and a dispute in any stage is an election dispute which can be challenged and determined only......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
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