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Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
.... Judgment December 10, 2009. Result: The Rule is discharged. Cases Referred to- Zahid Hossain Vs. State, 61 DLR 386; Stalion Shox (Pvt.) Vs. Auto Teisions (Pvt.) Ltd. (1994) 79, Company Cases 809 (Delhi). Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate - For the Petitio......Court, Dhaka for trial. 5. The said transferee Court has framed a charge against the accused-petitioner under sections 138 and 141, Negotiable Instruments Act fixing 11-8-2008 for hearing. At this stage the accused-petitioner has moved the above mentioned petition under section 561A of the Code o......Criminal Miscellaneous Case No.12635 of 2008. Judgment Md. Rezaul Hasan J.- This application under section 561A of the Code of Criminal Procedure (CrPC), has been filed seeking quashment of the proceedings of Metropolitan Sessions Case No.793 of 2008 under section 138 of the Negotiable Instrum..Category: Criminal Law | Date: | Hits: 86
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....nce of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited company under Companies Act vide memo dated 30-7-1985, of whom, Kazi Golam Hussain was the Chairman and ...... immoral character to which defendant No.2 while came to know about the demoralization of Kazi Golam Hossain, protested to Mr. Mansur Rahman and there was a family quarrel over this matter and at one stage, the younger brothÂer of defendant No.2 shot the wife of defendant No.2 and killed her on the......rders. It is true that time there was some difÂficulties in enjoyment day to day life. But we find from the lower Court records that all the applicaÂtions filed by defendants for adjournment of the proceedings of the suit were made either for illness of the witnesses or illness of the learned Advo..Category: Property Law | Date: | Hits: 78
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....‘3‑2001 (Annexure‑B to the petition) passed by the Additional District Judge, Court No. 2, Jessore in Miscellaneous Judicial Case No. 23 of 1990 should not be declared to have been passed without any lawful authority. 2. The petitioner's case, in short, is that one Mosammat Nurjahan Begum mot......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....seized alamats but before investigation in the case was completed he left for training on 8‑2Â-2003, Subsequently, Mr. Salim, Officer-in-Charge of Muladi PS held the investigation and examined as many as 14 witnesses and recorded their statements under section 161 CrPC and on completion of the in......knives, hand bombs, trespassed into their north bithi dwelling house by breaking the door and beat the informant and witness Nos. 2‑3, Nasima Nasrin and Sultana Razia and also confined them. At one stage accused No. 1 forcibly snatched away one tola golden chain valued at Taka 7,000 from the neck ......able in the eye of law. 13. On going through the first information report, charge-sheet, statements of witnesses under section 161 of CrPC, we are of opinion that there is no sufficient ground for proceeding against the accused in this case. The Tribunal without considering the facts and circumst..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....hed and Bangladeshi Taka 31,30,000 was recovered under the back bonnet of the car covered by a bag and an air ticket was recovered from the pocket of accused No. 1. The accused persons failed to give any satisfactory explanation or showed any valid papers in support of the Bangladeshi Taka. On inter......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......aneous Case No. 11666 of 2003. Judgment SM Dastagir Husain J. - This application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioners for quashing the proceeding wherein Rule was issued calling upon the opposite party to show cause as to why the proce..Category: Criminal Law | Date: | Hits: 70
....ide his order dated 16‑4‑1997 dismissed the respondent No. 2 from service. Thereafter, the respondent No. 2 submitted a grievance petition on 26-4-1997 by registered post and having failed to get any favourable response filed the Complaint Case No. 4/97 in the Labour Court, Rajshahi praying for ......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......ing jurisdiction and therefore, when a Labour Court exercises jurisdiction which is beyond its territorial limits, that exercise of jurisdiction is void and without jurisdiction and consequently, the proceedings are also void".
His further contention is that the respondent No. 2 being a Senior Su..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....also Reported in: 56 DLR (2004) 624.......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624....... Taka 1000 per day since 1988 for violation of section 48BB of the Insurance Act, 1938 and for not complying with the direction of the respondent. It is found that the respondent did not initiate any proceeding nor prosecute the petitioner in the Court of Magistrate, First Class as required under se..Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....his Court may seem fit and proper. Heard both sides at length and perused the record so placed before us. 3. Mr. Abdul Baset Majumder, the learned Advocate for the petitioners, submits that as many as four first information reports were lodged over self‑same occurrence stating different issu...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622.......rge-sheet against Mirza Abbas and others which has been challenged under section 561A of the Code of Criminal Procedure and the High Court Division has been pleased to issue Rule and stay all further proceedings of the case and, in continuation of his submission, he submits that since all the afores..Category: Criminal Law | Date: | Hits: 71
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....g aside the earlier order of conviction and sent the case record for retrial with direction to amend the charge by adding section 109 PC with section 467 PC and for further or additional evidence, if any. 3. Learned Advocate shows that after receipt of the case record the trial Court directed the......th observation that complainant was keen in prosecuting the case. When evidence was closed, Statement under section 342 CrPC was recorded after due examination of the accused and the case reached the stage of argument, acquittal of the accused under section 247 CrPC by the Court was not proper judic...... given case. Whether the presence of the complainant was essential on that date to proceed with the case or it would be dispensed with on scrutiny, it transpired that the complainant was different in proceeding with the case right from date of filing of the case. Court must consider whether the pers..Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....nt Act, 2006 and the Public Procurement Rules. 2008 and (d) the failure of the Respondents to refund/adjust the excess VAT deducted from the petitioners, invoices should not be declared to be without any lawful authority and are of no legal effect and to declare such action as unconstitutional and b......bmitted till date. Though the petitioners by its letters dated 1-2-09 and 23-4-2009 requested the respondent to deduct VAT at the rate of 4.5% to which the respondent paid no heed thereto and in that stage the petitioners moved this Division and obtained the present Rule. 11. At the very outset w......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
....schedule of the execution case, failing which, it cannot be said that section 34(9) of the Artha Rin Adalat Ain, 2003 was complied with. It is the cardinal principle of interpretation of statute that any provision of law, which takes away the man’s freedom, should be construed strictly.
9. In v......xecution by filing Artha Decree Execution Case No.44 of 1995. The executing Court after observing the necessary formalities fixed 15.3.1998 for holding auction sale of the mortgaged property. At this stage one Abdul Latif and some others filed Miscellaneous Case No.3 of 1998 under Order XXI rule 58 ......filed Miscellaneous Case No.3 of 1998 under Order XXI rule 58 of the Code of Civil Procedure for releasing the attached property before the executing Court and obtained an order staying the execution proceedings till disposal of the Miscellaneous Case. The decree-holder bank contested the said Misce..
Category: Civil Law | Date: | Hits: 80
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....laimed to be tried. Subsequently the case was transferred to the Special Judge, Sylhet and was renumbered as Special Case No.123 of 2001. 5. The prosecution in order to prove its case examined as many as thirteen witnesses. After the prosecution was closed, the learned Judge examined the appellan......d received a secret information on 2.4.1991 that on death of the Officer-in-charge of Naoapara food godown, shortage of huge quantity of food grains were detected. He had initiated inquiry and at one stage handed it over to his successor Zakir Hossain (P.W.1). In cross-examination he stated that the......is innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point of time and ..Category: Criminal Law | Date: | Hits: 61
Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)
....ong with him (informant) went to Bowdanga cattle market to purchase a cow on 3.1.1984. The said Budhai was carrying Taka 1635/- in cash with him. In spite of their best efforts, they could not choose any cow to purchase. At 4.00 o’clock in the afternoon they were still in search of a cow, when the......e any cow to purchase. At 4.00 o’clock in the afternoon they were still in search of a cow, when the appellant voluntarily joined them and started assisting them in searching a suitable cow. At one stage, the said Budhai disclosed that he would go to the house of his father-in-law at village Madha......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 74
Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
...., the Upazila Magistrate found the petitioner in possession over the case land and directed for restoration of possession of entire land in his favoure and give him the produce with sale proceeds, if any by his judgment and order dated 20.12.1986. Against the said judgment and order, opposite party ......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......llah Al Mamun, Deputy Attorney General-For opposite party No.2. Criminal Revision No. 879 of 1993. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the first party-petitioner in a proceeding under section 145 of the Code of Criminal Procedure was issued to examine the legality of..Category: Property Law | Date: | Hits: 53
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....ods already supplied and further prayed that their Bank Guarantee should not be encashed. Thereupon a dispute arose between the parties. Clause 7 of the Contract for supply of the goods provides that any dispute between the parties in connection with the performance of the contract shall be referred...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... Shahabuddin Ahmed J. - The question involved in this appeal by special leave is whether the learned Single Judge of the High Court Division was well founded in law in refusing to stay the further proceedings of a suit under section 34 of the Arbitration Act, 1940. The suit itself was instituted ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....nterest created by the pattas authorizing the settlement holder to engage tenants, and settlement of mokarari right at fixed rate, was of the view that the incidents of the settlement indicate beyond any shadow of doubt that it was a tenure and not an occupancy right granted to the defendant by the ......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... in revenue sale held on 27.9.50 which was confirmed on 27.11.50 and delivery of possession given on 7.4.51. Thereafter all the under tenures appertaining to the said Touzi were annulled in a regular proceeding; and the plaintiff got possession of all lands excepting the suit land. According to the ..Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
.... acquitted both the accused. The Supreme Court cited with approval the case of Babu, cited above, where it was held that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. ......e Code of Criminal Procedure] the case is not one which is dealt with in fact by a single Judge, but one which is dealt with by three Judges, even though the third Judge is dealing with it at a later stage than the two disagreeing Judges and it is not a case which would be decided by a single Judge ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
....he same to the local Police Station for inquiry and the police submitted a report and that subsequently the learned Magistrate dismissed the petition of complaint on 18-1-2005 and that without taking any step against the said dismissal order, the informant has filed the present case and that the Hig......endered before the High Court Division on 20-5-2007 and were enlarged on bail. Accused-petitioner No.12 was arrested and granted bail by the Court of Sessions, Chittagong on 20-05-2007.
4. At this stage, the accused-petitioners, 12 in number, moved a petition under section 561A of the Code of Cri......on for leave to appeal is directed against the judgment and order dated 16-05-2O10 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 8044 of 2007 out of arising proceeding of Lohagara Police Station Case No.19 (4)2007 corresponding to GR No.93 of 2007 under Sec..
Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....e authority concerned, but to no avail. Thereafter, he made representations to the District Education Officer and the Director General, Education Department, Dhaka seeking redress, but he did not get any fruitful result. The Director General in turn directed District Education Officer to take necess......t Thana Education Officer played an unholy game to demolish the career of the respondent-herein out of sheer jealousy of his success and they entered into a conspiracy to remove him from service arid staged the entire drama in violation of the Government Servants (Discipline and Appeal) Rules, 1985 ......w on the question of limitation and eventually fell in error in disallowing the respondent's case On limitation, although in the body of 'the judgment he noticed legal infirmities in the departmental proceeding, vitiating the order of penalty. The Administrative Appellate Tribunal further held, that..Category: Administrative Law | Date: | Hits: 240
....that the demand notice was not tenable. The matter was adjudicated upon by respondent No.3 without considering all the evidence and docuÂments produced by the petitioner. The respondent did not hold any Enquiry and took into account only three bill of entries and passed the Order bearing Nothi No. ......sed to be under the control of Customs authorities or to any penalty levied under this Act shall, at the time of filing of this Appeal or if he is so permitted by the appellate authority at any later stage before the consideration of the Appeal, deposit with the appropriate officer the duty demanded...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
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