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Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....n J Satya Ranjan Sarda………………..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27, 1989. Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu ......n due process by the competent Court so as to enable him to deal with the same. 8. Mr. Kaiser Uddin Ahmed, the learned Deputy Attorney-General for the State, submits that though the record was called for by the Session; Judge under section 435 of the Code of Criminal Procedure, the order taki......ing contained in the Code or in any other law for the time being in force, a Special Tribunal may lake cognizance of the offence triable under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a pol...... Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Islam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs...

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ving taken exchange risk commission cannot put into effect the devaluation in the Foreign Currency Loan Account and prayed for injunction from realising Tk.1,10,45, 529/00 from the petitioner and also prayed that the calculation of the Shilpa Bank of the said loan amount be reduced accordingly and......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ...... under Article 33 cannot be tagged with any other proceeding under the ordinary law of the land. Additionally, it was found that the subject matter of both the proceedings were the same. So the trial Court rightly stayed further proceedings of the subsequent Title Suit till the disposal of the......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Commercial Court No.II a..

Category: Civil Law | Date: | Hits: 119

Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

.... 2. It appears that the Officer-in-Charge of Gopalpur Police Station lodged a First Information Report on 4.10.84 in the present case alleging about the death of one Dr. Mir Abdur Rajjaque by poisoning in conspiracy with the accused petitioners. The police after investigation submitted charge....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......the case records were received by the Sessions Judge, Tangail on 9.12.86 and the case remained pending till 5.12.87. Subsequently proceeding was stopped under section 339C of the Code as the time for trial expired. Ultimately, on an application by the Public Prosecutor under section 339D of the Co......d in: 42 DLR (HCD) (1990) 138. ..

Category: Procedural Law | Date: | Hits: 143

Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)

.... report lodged by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P.S. Case No.32 of 1988, the Police Officer received a secret information that some stolen property of the said case is hidden in house No.87/88, Siddique Bazar, Dhaka. The inform......ate that the instant proceeding is wholly without jurisdiction as the investigation was not completed within the specified time as contemplated under section 167 sub-section (5) of the Code, we are called upon to decide as to whether the same provision of the Code is applicable in an investigation......o investigate and report to the Special Tribunal who alone is empowered to take cognizance of such an offence. Thus sections 26 and 27 of the Act provide for special machinery for investigation and trial by Special Tribunal. The learned Advocate on a reference to section 5(2) of the Code argued th......d in: 42 DLR (HD) (1990) 136. ..

Category: Criminal Law | Date: | Hits: 84

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

.... Metropolitan 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 sh......sed-persons and he also identified the sketch map prepared by the previous investigating officer. 22. In his cross-examination he stated that he did not apprehend the accused and the informant had called the witnesses after the accused being arrested and they did not make search in presence of th......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......ssistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan S..

Category: Criminal Law | Date: | Hits: 128

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

.... Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; State Vs.......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...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

.... Rajshahi Girls' High School, Rajshahi and others..................Petitioners Vs. Md. Abdul Mannan...............Opposite Party Judgment July 16, 1995. Result: The Rule is made absolute. Cases Referred to- 14 DLR (SC) 17, 20 DLR (SC) 79; 31 DLR (AD) 298; State of UP Vs. A......er dated 18‑7‑1985 Exhibit Kha requested the Headmistress to confirm his service and to allow him to take the benefit of provident fund and on receipt of that letter the defendant petitioner No.1 called for a report from the Headmistress of the school and the said report was placed before the ma......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. ......Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

Category: Employment/Service Law | Date: | Hits: 166

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....riah. The marriage was registered by kabinnama dated 12-4-1988 and dower was fixed at Taka 80,000 from where defendant paid Taka 21,000 by ornaments at the time of marriage ceremony and they have two sons out of their wedlock. Further case of the plaintiff is that, defendant took a loan of Taka 5,00...... he claims that character of the plaintiff is questionable one and she has illicit connection with his servant Zahidul. According to the defence case husband charged the plaintiff with adultery which called "Lian" and such a case the effectness of divorce is separate from the normal way. It will be ......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......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one..

Category: Family Law | Date: | Hits: 202

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....e 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 Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in ......section 19(1) of the Narcotics Control Act, 1990. 9. Mr. Mostafa submits, the facts and circumstances of the case go to show that even if she carried the four packets of white powder, she might be called or treated as best as an abettor or helper under section 25 of the Act and not the actual car......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. ......s Case No. 2085 of 1995] Judgment August 9, 1995. Result: The appeal is allowed in part. Lawyers Involved: Obaidur Rahman Mostafa with Farid Ahmed, Syed Khalequzzaman, Bahreen Khan and Rezeen Taheer, Advocates ‑ For the Appellant. M. Shamsul Alam, Deputy Attorney General ‑ ..

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

..... Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of pa......pposite party who had been enjoying and possessing the case land along with other land left by her parents to partition the same but he was no giving her due share and eventually a salish baithak was called for the purpose at the house of the seller on 20th March, 1998 wherein he, for the first time...... 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 ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………�..

Category: Property Law | Date: | Hits: 138

Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)

....��………………………………Petitioner Vs. Manwara Begum & others…………………………Opposite-parties Judgment January 15, 1987. Result: The Rule is made absolute. Lawyers Involved: No one appears -For the Petitioner. Moazzem Hossain, Deputy Atto......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......omplainant filed a petition of complaint in the Court of Upazila Magistrate, Chhatak, District Sunamganj alleging that she is the married wife of Mokbul Ali. The marriage was solemnised on 16.04.1974 and out of that wedlock a son, now aged about 10 year and a daughters now aged about 7 years were bo..

Category: Family Law | Date: | Hits: 193

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....uit for a declaration that the order of termination of their services passed on 17.09.1981 by the petitioner is illegal, void, without jurisdiction, mala fide and not binding upon them. There was also a prayer or mandatory injunction directing the petitioner to allow the plaintiff-opposite parties...... their services were terminated under the instruction of the higher authority. The termination order being termination simplicities and not a punitive one, the impugned order of termination cannot be called in question in the Civil Court. It was his farther contention that as the plaintiffs did not ......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 ......s. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is discharged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangladesh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Fighters Welfar..

Category: Labour and Industrial Law | Date: | Hits: 186

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... Present: Md. Badruzzaman J Md. Ruhul Amin J State…………………………Appellant Vs. Tajul Islam and 8 others……………………………Condemned Prisoners Tajul Islam and others……………………………Accused‑Appellants Vs. ......nsideration of the above, we find that the victims Biraja Rani Debriath and her 5 children namely, Niyatibala, Pranatibala, Subhash, Suman, and Sujan were murdered. 22. The material issue which called for determination in this case is whether the accused‑convicts, in furtherance of their com......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

Dhaka Chamber of Commerce and Industry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....f Bangladesh and others………………………………………………Respondent Judgment March 2, 1986. Result: The rule is discharged. Lawyers Involved: K. S. Nabi with Masood R. Subhan, Advocates - For the Petitioner. Rafique-ul Huq with Md. Fazlul Haque, Advocates -...... the Town Improvement Act, it appears that the said provided for the constitution of the Board of Trustees for the purpose of carrying out the provision of this Act which is to be vested in a Board called Dhaka Improvement Trust and the Board shall consist of a Chairman and is to be headed by the ......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 ...... in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

....n Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rule is made absolute. Lawyers Involved: Shaikh Abul Hossain with Syeda Afsar Jahan, Advocates ‑ For the Pe......t Naimuddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of 1986 has been called in question. 2. The respondent No.2 of this writ petition named Nurul Haque was a worker d......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. ......vision (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Maqbular Rahman Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rul..

Category: Labour and Industrial Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

....J Humayun Kabir (Md.).....................Petitioner Vs. Md. Mozaffar Hossain and others........................Respondents Judgment November 14, 1994. Result: The Rule is made absolute. Cases Referred to- Nadar Ali Khan Vs. AKM Ahmedullah Chowdhury and others, 39 DLR 193;......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......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......96) 560. ..

Category: Election Law | Date: | Hits: 273

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....nd the polling agents of the different candidates from two Polling Centers namely, Sasit Ashwathakathi Centre and Dargakaihi High 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 alle......e Local Government (Union Parishads) Ordinance, 1983 and the Rules framed thereunder. Section 26 of the Ordinance provides that an election of Chairman or an elected member of Union Parishad can be called in question only by filing an election petition under subsection (2). Section 29 provides f......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 ......J.- This rule at the instance of the petitioner calls in question an order 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. ..

Category: Election Law | Date: | Hits: 309

Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)

....trate, Mirzapur. 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleging therein that on 07.10.1982 the accused persons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of......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......ourt High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J SF Ahmed J Elahi Baksh..................................Petitioner Vs. State and others...........................Opposite Party Judgment July 24, 1986. Result: The..

Category: Criminal Law | Date: | Hits: 168

Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....hereinafter called the promises). The respondent Nos.6‑14 are the present owners of the premises. The promises were constructed with pucca floor, walls with tin roof and were lot out to the predecessor‑in‑interest of the petitioner by the predecessor‑in‑interest of the respondent Nos .6‑...... 2. The case of the petitioner is that the petitioner, Proprietor of New Lucky Hardware Store has been carrying on business at Municipal Holding No.2, English Road, Roy Shah Bazar Dhaka (hereinafter called the promises). The respondent Nos.6‑14 are the present owners of the premises. The promises......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......ow cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of..

Category: Property Law | Date: | Hits: 92

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....itting the possession of Uttara Super Market (Pvt.) Ltd. Company, but the plaintiff appellant‑petitioner did not make the said company as defendant in the suit. The plaintiff appellant petitioner also did not pray for any relief against the said company for recovery of possession of the suit land ......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......is Case is also Reported in: 44 DLR (HCD) (1992) 514. ..

Category: Procedural Law | Date: | Hits: 130

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