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M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....P.W.1, P.W.2 M. Shamsuddin Molla prepared the detention Memo of the seized goods. P.W.1 Saifuddin Ahmed lodged typed F.I.R. Ext.3 on 30.5.86 at 21.45 hours at Cantonment P.S. Appellant could not show any valid paper authorising him to possess the seized gold bars. The seized goods were deposited i......ted in his examination-in-chief that at about 2 P.M. he was called by the Customs Officer and asked to be a witness. As already staled, this witness was not declared hostile by the prosecution at any stage and his evidence is uniform and consistent. The prosecution fully relied on his evidence. The ......h section 25B of the Special Powers Act and those two provisions are not triable together under Special Powers Act by the Special Tribunal constituted under that Act and this has vitiated the whole proceedings. He argued that the offences punishable under section 156 of the Customs Act which is ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....er tendered nor they refused to accept the same and as such there was no service of notice determining the tenancy. The plea of bona fide requirement of the premises was false as the plaintiff had many other residential houses in the town. 4. The learned Munsif decreed the suit in part holding ......l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......le 4 of the President’s Order no.12 of 1972 reads as: “Notwithstanding anything contained in any other law for time being in force, in computing the period of limitation describe for any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of Mar..Category: Property Law | Date: | Hits: 66
....quiry Committee and found one N.H. Chowdhury who asked him some questions. The respondent No.2 complains that no witness was examined by the Inquiry Committee in his presence and he was not given any chance to defend himself. He was only cross-examined by the inquiry committee and his signature ......do on the part of the petitioner-corporation in so far as the disciplinary proceedings are concerned. The petitioner-corporation is not authorised by law to take action against respondent No.2 at stages in pursuance of the report of the Inquiry Committee. It has to take a decision against the de......he respondent No.2 to refund Tk. 12,032/- because it was not the order under challenge. The respondent No.2 challenged the order of suspension dated 19.8.82 which was being continued even after the proceedings came to a close. The Labour Court held that as a measure of punishment the petitioner-co..
Category: Labour and Industrial Law | Date: | Hits: 166
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....t Nos. 12-17, jointly fuel a written statement in order to contest the suit but during the pendency of the suit he died in 1984 and his heirs were not brought on record by the plaintiff petitioner at any point of time and subsequently the preliminary decree was passed on 24-4-95 and the opposite par......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......ed man had, which death had prevented him from pursuing.” Besides, section 146, CPC is as follows: “Save as otherwise provided by this Code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be tak..Category: Procedural Law | Date: | Hits: 67
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....ed, the learned Advocate appearing for the petitioner, submits that under section 476 of the Code of Criminal Procedure the learned Magistrate is required to make a preliminary enquiry before lodging any complaint against the delinquent who is alleged to have used a forged document in relation to a ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......tha Rin Adalat, on hearing the contending parties and on careful perusal of the materials before him, passed the impugned order dated 10‑1‑2001 lodging a complaint to the Magistrate concerned for proceeding against the defendant-petitioner in accordance with law. Being aggrieved by the afores..Category: Criminal Law | Date: | Hits: 82
....n of maintainability of the suit as per provisions of section 14A of the (Emergency) Requisition of Property Act, 1948 was not raised by the contesting defendant-petitioner before the Courts below at any point of time.
14. In view of the above, as to the first submission of the learned Deputy Att......ulfilled. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consider......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....he subordinate officers of the trust and cannot avoid decision of the superior authority. Therefore, they are not at all involved for the allegation as made therein does not attract the petitioner in any way. 5. Mr. ABM Waliur Rahman Khan, the learned Assistant Attorney-General appearing on behal......ing to the Trust is a misuse of official power thus, committed the offence which is triable and they will be given opportunity to defend themselves in the court below, as such, the proceeding at this stage cannot be quashed. 6. We have gone through the first information report, charge sheet and t......gir Husain J.- Two Rules were heard analogously as they arise out of the same FIR and involved common question of facts and are disposed of by one judgment. 2. These Rules are directed against the proceeding in Metro Special Case No. 95 of 2002 under sections 409/402/109 of the Penal Code read wi..Category: Criminal Law | Date: | Hits: 93
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....managed to have heard the matter before that vacation on 15.08.2006 beyond the knowledge of the opposite party No.2 and got ex parte order of discharge of the rule with vacating order of stay without any finding as to merit of the case and as such deserves no consideration by this Hon'ble Court. ......ion and that too in the rarest of rare cases. It is further held in the case of Sukumaran Nair Vs. State of Kerala 1961 Ker LT 110 that ordinarily the High Court do not interfere at the interlocutory stage of criminal proceedings in a subordinate Court. This High Court Division would not be justifie......r. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of the Penal Code now ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
.... sale proceeding on the ground of fraud committed by the decree-holder and in deciding the question of fraud or material irregularity in the sale proceeding, the petitioner is not required to furnish any security at the rate of 25% of the decretal amount as contemplated under section 32(2) of the Ar......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......ure filed by the petitioner and, as such, the order passed by the Artha Rin Adalat is without lawful authority. He has further argued that the petitioner and his brother have challenged the said sale proceeding on the ground of fraud committed by the decree-holder and in deciding the question of fra..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... tried by the competent Court of justice or a Tribunal under the law of the land. But the commission has been established under the impugned Ordinance is neither a Court nor a Tribunal established by any law and it has been created only to frustrate the Rule of law and to undermine the Court of just......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......aw and as such the “স্বপ্রনোদিত তথ্য প্রকাশ অধ্যাদেশ, ২০০৮” (Voluntary Disclosure of Information) Ordinance and the acts done and proceeding taken by the impugned Ordinance are liable to be declared to have been made without lawfu..Category: Constitutional Law | Date: | Hits: 264
....s plaintiffs on 20‑6-91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21.
2. Plaint case, in short, is that plaintiff No. 1 was a limited company of which the plaintiff No. 2 the managing director and plaintiff Nos. 3 to 6 shareholders direct......defendant was invalid inasmuch as it was not authorised by the husband of the 1st defendant. No other relief was sought for even alternatively. The issue confined to genuineness of the will. At later stage of the trial, construction and operation of the document were allowed to be raised. The Distri......annot be disputed, therefore, that the essential ingredient of res judicata that the matter on which the plea of res judicata is founded must have been finally adjudicated and decided in the previous proceedings, in order to furnish the ground for such plea to succeed. A matter which though is in is..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
.... setting aside the said Sole decree. 3. The case of the plaintiff‑ petitioners, in short, is that the petitioners had no knowledge about Title Suit No. 134 of 1958 as they were never served with any summons of the said suit nor they have filed any vokalatnama in the said suit to contest the sam......er was not challenged in any higher forum. Further contention of the opposite parties are that, the disputed solenama and decree being more than 30 years cannot be put under challenge at this belated stage and accordingly, the trial Court rightly rejected the same. It is further contended that Abdur......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
....petitioner’s contention that he is not liable to pay value added tax in pursuance of the provisions of the VAT Act as he is not a registered taxable person under the VAT Act and he is not providing any service to anyone.
7. Mr. Mahmudul Islam, the learned Advocate, appearing on behalf of the ad......from the consumer by adding the tax to the price and then pay the tax thus collected to the Government. It is a tax where the burden falls on the consumer, but it levied in such a manner through each stage of production and distribution that it does ultimately fall directly or otherwise on any trade...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
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Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....e plaintiff society was owner in possession of the suit land. The suit land was acquired and an award was made in the names of defendant Nos. 1 to 5 and unknown persons. The plaintiff did not receive any notice either under section 3 or 6 of the Ordinance. Plaintiff did not challenge the acquisition......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... was made in the names of defendant Nos. 1 to 5 and unknown persons. The plaintiff did not receive any notice either under section 3 or 6 of the Ordinance. Plaintiff did not challenge the acquisition proceeding or the making of the award. Plaintiff instituted the suit only for declaration of its rig..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....nt-opposite party it would be profitable to quote the section 195(1)(c) which is as follows : "195. (1) No Court shall take cognizance (a) .................. (b) .................. (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of ......bmitted by the said officer upon which the learned Magistrate by order dated 8‑2‑2000 took cognizance of the case and issued summons against the accused including the present petitioners. At this stage, when both the cases were proceeding simultaneously before the same Magistrate, the petitioner...... This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the petitioners was issued calling upon the opposite party to show cause as to why the proceedings of CR Case No. 31 of 2000 under sections 464/465/467/468 /469/471/109 of the Penal Code ..Category: Criminal Law | Date: | Hits: 94
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....etitioner thereupon filed an application under section 241A Cr.P.C. for discharge on the ground that the first information report, police report and the documents submitted therewith did not disclose any offence. The learned Magistrate by order dated 28‑9‑03 rejected the said application and fra...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at the instance of the petitioner Md. Rafiqul Alam is for quashing the proceedings in GR Case No.399 of 2003 arising out of Gulshan Police Station Case No.26 dated 10‑3-..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....sharers, in the case holding by purchase and what one Md. Anisul Hoque, another co-sharer transferred the case land in favour of Moulavi Md. Safiqur Rahman and Mst. Mohsena Khatoon without service of any notice on the pre‑emptors by a Kabala dated 16‑2‑1998 and the pre‑emptors learnt about t...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......e petitioner, raised only one point. According to the learned Advocate, the Miscellaneous Case No.39 of 2001 under Order IX, rule 9 of the Code of Civil Procedure for restoration of the pre‑emption proceeding was not maintainable in view of section 96(13) of the State Acquisition and Tenancy Act w..Category: Property Law | Date: | Hits: 52
.... (ii) Memo dated 21‑11‑2002 issued by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 2......d was developing as a means to legitimise their own activities. Even, the idea of God at that time was vague and blurred. It used to vary from country to country and depended on the character and the stage of refinement of their civilisation. As such, the history records the presence of gods as a so......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
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Category: Employment/Service Law | Date: | Hits: 99
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....ce of defendant No.30 and by accepting the additional written statement filed by the defendant No.30 long after about 24 years and 15½ years after close of the plaintiffs' evidence without assigning any reason therefor has resulted in an error in the impugned judgment and order occasioning failure ......lie has to file a petition stating reason why he failed to say these things in the original written statement and what excuse there is for allowing him to file an additional written statement at that stage. Then, the other side has to be given an opportunity to oppose the petition and to contend why......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
....be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short, is that the petitioner is a private limited company conducting its business all over the country as a manufacturer of different sizes of SPC Poles i......nt No.5, Director (Accounts) Rural Electrification Board issued letter dated 3-9-2008 directing the petitioner to make payment of Taka 31,36,776 to the government treasury (Annexure-I). It is at this stage the petitioner-company moved this Division under Article 102 of the Constitution and obtained ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
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Category: Fiscal/Taxation Law | Date: | Hits: 140
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