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Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....stead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3) appellants who were depicted as authors of crime gave rise to this c......). Accused Zamal by opposite side of the ed‑ed portion of Ramdao knocked on back side of the body of Monwara Begum (PW9). Accused Dalu Kha kicked Parul Begum (PW3). Thereafter, accused Selim Sikder called Babul Sikder to shoot on Ismail Kha and accused Babul Sikder with firearm black in colour, tr......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....'Bailable Offence' and 'Non Bailable Offence" has been defined in section 4(1)(b). 6. The word 'Bail' is derived from the old French verb 'baillier' which means 'to give or deliver'. The word is also related to Latin word "bajulare" meaning to bear a burden. 7. 'Bail' in English Common Law is ......On the subject some Authorities of Apex Courts of the sub‑continent may profitably be taken into stock. 25. In Muhammad Ayub Vs. Md. Yakub, 19DLR (SC) 38 it has been held‑ Section 498 would be called in aid before the Court of Sessions and the High Court even where the Court is not seized dir......isdiction under section 498 of the Code stating that the motive of the petition of complaint is not intended to further ends of justice and the sole object is to injure petitioner causing irreparable loss. The father of the informant is a highly influential customs officer at Chittagong and got conn..Category: Criminal Law | Date: | Hits: 79
.... 2 in order to investigate into a complaint lodged by Bureau of Anti-Corruption. The petitioner requested the respondent No. 1, namely, the Deputy Director, Bureau of Anti-Corruption, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satisfactory reaso......e, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. Accordingly, respondent No. 1, Deputy Director, Bureau of Anti Corruption, Dhaka......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
....Court Division
(Special Original Jurisdiction)
Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and other......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......Service Rules 1982. It appears from record that though the petitioner had prepared the bills but the same were not, in fact, paid. Therefore, the Bangladesh Water Development Board did not suffer any loss out of the alleged transaction. Further, the assertion made by the petitioner that he had to pr..
Category: Employment/Service Law | Date: | Hits: 72
....e legally of tender notice for lease of hats and Bazars issued under the signature of Upazila Nirbahi Officer, Biswambarpur Sunamganj by Memo No. Sunam/Bpur/11(1)789(92) dated 31.01.2004 (Annexure-E) so far as it relates to Biswambarpur Bazar, Chandakandi Bazar, Polas Bazar, Janata Bazar, Dhanpur Ba......h tender notice were issued by the Government in accordance with law; that each year Government has been issuing tender notices and leasing out the aforesaid hats and Bazars and the Jalmahal; that so called Azam Khan Chowdhury Waqf Estate never leased out those properties at any time; that the notic......ices so far it relates to the Annexures-E, E1 and G to the writ petition were issued without any lawful authority most wrongly discharged the Rule on the ground of infructuous occasioning irreparable loss and injury to the petitioner; that the High Court Division having not taken into consideration ..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....5 before the Review Board constituted under the Martial Law Order. 4. Mr. Nawab All contends that for the same offence the petitioner has been penalised twice which is not permissible in law. He also contends that the impugned order ex facie was malafide as the petitioner was deprived of the oppo......e learned Assistant Attorney-General contends that as the action has been taken under Martial Law Order No.9 of 1982 it is protected under the Constitution (Seventh Amendment) Act, 1986 and cannot be called in question in any Court including this Court. We are also of the opinion that jurisdiction o...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...Category: Employment/Service Law | Date: | Hits: 78
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....t and Member, Customs Excise and VAT Tribunal in CEVT/Case (Kas) No.148/97. 2. In these two applications the judgment and order dated 9-8-98 passed in Writ Petition Nos. 2328 and 2329 of 1998 have sought to be reviewed on the ground stated in the applications. In these petitions it is stated that......dated 14-12-97 passed by the President and Member, Customs Excise and VAT Tribunal in CEVT/Case (Kas) No.148/97 affirming the order dated 14-5-97 passed by the Commissioner, Customs House, Dhaka were called in question. 4. The review petitioner is Md. Omar Faruk (Review Petition No.15/98) filed W......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....is a share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal guarantor against the said loans. Due to financial strain the company defaulted in pay......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......defaulting borrower’, as per the definition of section 5 GaGa of the Act, in the CIB report in reference is illegal and arbitrary and an act of negligence and non-application of mind and has caused loss and injury to the petitioner” 12. In view of the above discussion and long line of decisi..Category: Civil Law | Date: | Hits: 167
....ladesh under the Companies Act, 1913. The petitioner No.2 is the Managing Director and petitioner Nos. 3 and 4 are the Directors of the said Company. The added respondent No.4 Al-Haj Md. Faroque is also a full brother of the petitioners and was one of the Directors of the Company. The added responde......Writ Petition No. 1491 of 1996.
Judgment
AK Badrul Huq J. - By this application under Article 102 of the Constitution an order contained in Memo No. 485/DAB (Dhaka) dated 8 April, 1996 has been called in question whereupon a Rule Nisi was issued calling upon the respondents to show cause as to......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ess rates realised in contravention of the Schedule of Charges to the petitioner. 2. The Rule arises out of the following facts. The petitioner No. 1 QC Shipping Limited, a limited company, is the sole agent of QC Containers Lines Ltd. The petitioner 1 carries on business of carrying goods by sea......gment AM Mahmudur Rahman J. - By this Rule the respondents were directed to show cause as to why the order dated 4-11-97 of the respondent No. 1 the Chittagong Port Authority, hereinafter shall be called the ‘Port Authority’, directing the petitioner company to pay charge rates as per Tariff ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....r did not get the final payment of compensation. The petitioner claims that the possession of the land was not handed over in favour of the Government. The petitioner, thereafter, along with other persons whose land were requisitioned in the aforesaid LA Case comprising the same plot made an applica......General—For the Respondents. Writ Petition Nos. 337, 338, 339, 340 & 341 of 1999. Judgment Md. Awlad Ali J.- In all these 5 Rules obtained by different petitioners the respondents were called upon to show cause as to why the order of requisition of their respective land comprising CS ...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....aged in the business, inter alia, of import of Sodium Saccharin. The petitioner opened a letter of credit No.AIB/MVI/97 149 dated 7-5-97 with the Al Arafah Islami Bank Ltd. Moulvi Bazar for import of sodium saccharin as specified under HS Code No. 2925.11.00. It is stated that pursuant to 25A of the......tion and the very consideration of an invalid document is an error of law and the Tribunal has not exercised its jurisdiction in accordance with law and failed to exercise its jurisdiction not having called for the genuine and relevant CRF from the custody of Bank and thus arrived at a wrong conclus......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)
....tution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the petitioner as per Annexure K. 2. The facts so far as it is necessary to determine the point of law are that the petitioner is a Government Serv......the petitioner in the same manner. The petitioner informed the respondent verbally and then in writing about the unpleasant incident which had taken place on 9-11-94. 4. On 10-11-94 the respondent called the petitioner to the office of the respondent No.1 and gave him stern warning scolded him an......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...Category: Employment/Service Law | Date: | Hits: 71
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporation All England Law Reports Vol. 2 pag......terms of the tender document participated in the tender and pursuant to that entered into the contract with the respondent laying down the terms and conditions of repayment of the said loan, which is called long term loan he cannot now plead that he is not liable to repay the loan on long term basis......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....y Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and others. Case of the pre-emptor, in short, is that the opposite party 2 to 4 sold the case land on 6-11-86 to the opposite party 1 without giving notice to the petitioner who is...... because he is a prior purchaser. Now the only question remains to be settled whether only because the Khatian Number and Plot Number are not there of the land in the deed under pre-emption it can be called part of the holding. Sub-section (1) of Section 96 of the State Acquisition and Tenancy Act r......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....ssed the suit land by construction of huts in a portion thereof and the remaining portion of the said land by way of cultivation. While being in rightful possession of the suit property, Najir Shaikh sold the entire suit land to one Chunu Sheikh and Tapun Bibi by a registered kabala dated 25-4-1953.......ther Class Suit No. 153 of 1977 after setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....are 8 brothers and 2 sisters. None of the complainant’s brother came to depose before the Court and they were the competent witnesses to give evidence regarding the fact and withholding of those persons went against prosecution. (v) There is no corroborating evidence that accused Abdul Khaleque......ecause for administering and dispensing real and substantial justice the Courts alone exist and there is no species of injustice which the High Court Division cannot correct where its interference is called for. The Revisional Jurisdiction of the High Court Division is in reality not a mere power bu......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)
....took it up for investigation. In the said incident 19 leaders and activists of Awami League succumbed to injuries and huge number of activists of the said political party sustained grievous injuries, some of them maimed. The police eventually submitted a charge sheet against 22 accused persons on 9t......High Court Division has exercised its discretionary power in the matter of granting bail, this Court normally does not interfere with such power except in exceptional cases where such interference is called for in the interest of justice. Learned Additional Attorney General has failed to make out su...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..Category: Criminal Law | Date: | Hits: 50
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....tioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hossain and another, 56 DLR (AD) 24, M A Hai vs. Trading Corporation of......perly maintaining the same, and for determining standard of an article, the Government used to send the particulars of the article for fixing its standard and since there is no article in the country called "non-alcoholic malt beverage" so, they also did not fix any standard for such an item from be...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ove Civil Petition Nos.1498 of 2007 and 1333 of 2008 are directed against the judgment and order dated 9.11.2006 of the High Court Division passed in Civil Revision No.3257 of 2003 making the Rules absolute and the above Civil Petition No. 1499 of 2007 is directed against the judgment and order date...... accordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mohamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos. 6-7 Shorforaz Uddin ......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..Category: Property Law | Date: | Hits: 62
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