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Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......ntion of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that Md. Shah Jalal, Sub-Inspector of Police attached to Haz......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......nces against those three accused persons. The case was registered as Metropolitan Special Case No.134 of 2007 and was transferred to the Special Judge of Court No.1, at Sher-e-Bangla Nagar Dhaka, for trial. In that Court the case was renumbered as Special Case No.15 of 2007. 5. The petitioner, wh..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......ts first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can punish unde......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......quirements first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can pun..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ......ng party in each and every time. Several comments has been passed by this Court in its various decisions and those were reported in law journal and copies of which were sent to the Ministry of Home Affairs and the concerned department but it is unfortunate till today no improvement has been marked......e offence: (1) When in a case instituted otherwise than on a police-report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence whi..Category: Criminal Law | Date: | Hits: 132
.... the Government may institute suit for recovery of abandoned property if those were not included in the list. He next submits that equals are not being treated equally. So, it offends the fundamental right of equality clause as guaranteed under Article 27 of the Constitution. Mr. Farooqui then cited...... 79 of 1997 and 1472 of 1996.
Judgment
Mahfuzur Rahman J.- All the writ petitions namely, Writ Petition Nos. 781/94, 1377/95, 1855/96, 4893/96, 79 of 1997 and 1472 of 1996 are taken up together for disposal since in all the cases vires of the Ordinance No.54/85 has been challenged.
2. In al......g an abandoned property section 5(2) and the Government has nothing to prove or deny. It is for the aggrieved person to establish his claim by whatever evidence he chooses to produce. The denial of a fair trial will only arise if a proper opportunity is not afforded to the person for producing his e...... in the present case as the Government has power to establish such other Courts like special Courts for disposal of certain cases by proper legislation. He then submits that by section 35 of the Industrial Ordinance the Labour Court has been established, under section 4 of the Family Court Ordinance..
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......80 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the question whether the accused being a public servant prior sanction for his prosecution was mandatory under section 6(5) of the Criminal Law Amendment Act, 1958 and t......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......0 for appearance. Requisites at once." 8. The High Court Division in a cryptic order discharged the rule by observing that sanction can always be taken "at any stage before the commencement of the trial as such". In that view the rule was discharged. 9. Mr. Fazlul Karim, learned Advocate appea..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....r probate which was never filed by the executor who died leaving behind the plaintiff respondent and others as his heirs. As one of the sons of the executor, plaintiff respondent succeeded to all the rights and benefits under the will. Other sons and heirs of the executor had no objection to the g......5). Judgment Fazle Munim CJ.- This appeal arises from First Appeal (Probate) No.20 of 1975. Plaintiff respondent filed Civil Suit No.1 of 1972 in the Court of the District Judge, Chittagong for granting him Letters of Administration in respect of the estate of Pitambar Karmakar with a copy...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... Court Division which, on finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed the District Judge to issue Letters of Administration with ..Category: Property Law | Date: | Hits: 80
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......out of Narayangonj PS Case No.5 dated 3‑12‑95 under sections 3/4 of the Explosive Substances Act, 1908. 2. The prosecution case, in short, is that one SI Md. Awal Hossain along with his police force went to Nimtali area of Narayangonj on 3‑12‑95 and then a few miscreants threw cocktail to......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258......., I the learned Assistant Attorney‑General appearing on half of the State, submits that it is a fact that this accused-petitioner has been suffering in the jail hajat for about 2 years although the trial of the case has not yet been concluded. 6. Considering the facts and circumstances and the ..Category: Criminal Law | Date: | Hits: 90
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....pugned order without considering facts that the alleged development work could not be carried out on the land of the petitioner which is in his exclusive possession and in which he has an inalienable right. Mr. Ruhul Amin finally submits that the petitioner has fundamental right to hold a property w......ar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restraining the construction of the school building till disposal of the suit. 2. The petitioner instituted the above suit for permanent injunction with a prayer for temporary injunction for restraining the defendant opposi......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......iff petitioner never had any exclusive possession of the said "Kha" schedule land at the time of ruling of the suit and only to cause harassment and inconvenience the suit has been filed. The learned trial Court vide his Order No.12 dated 23‑11‑96 passed an order for maintaining status quo in re..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......t No.3 and Subordinate Judge, Dhaka in Money Suit No 109 of 1991 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule are as follows: The opposite party as plaintiff filed Mo......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......aint stating, inter alia, that the plaintiff has no cause of action for the suit and as per statements made in the plaint the plaintiff’s suit was hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impugned order refused to reject the plaint ..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......e aspects of the entire episode requiring deliberation by this Court. 2. Facts of the case as stated in the judgment are quite adequate to understand the issues involved. 3. To commit someone for contempt of Court and punish him for it, if found guilty, is the inherent power of a Court of re......, everywhere, and all the time. They must regulate their behaviour and dealings with those who have to come in contact with them, in such a way that there can, arise no occasion when their free and fair mind and sense of impartiality may become subject of criticism or speculation. They must guard ...... power of constitution he neither possessed nor was conferred upon him by the Chief Justice, the appellant thought it equally fit to give the background of past events which led to this extraordinary trial. It appears that had wisdom and restraint prevailed, this could have been avoided. 6. The n..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
.... she was entering, and that she executed the document understanding its contents and the significance of the transaction, was upon the recipient of the document, the appellant. The learned Munsif was right in discarding the evidence of D.W.7 Akmal Ahmed, whose demeanour was recorded by him, as suspi......laintiffs, on enquiry, had the knowledge of the kabala on 9-7-61. They say that she did not execute the kabala, another thumb impression might have been taken in her unconscious state, as she was ill for four or five months before her death. She was an illiterate, and a purdahnasheen lady. The attes......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ...... Kemaluddin Hossain J. - This appeal on special leave arises from a judgment of a Single Judge of the Dacca High Court, reversing the decision of the first Appellate Court, and restoring that of the trial Court, who dismissed the suit. In this appeal, Defendant is the appellant. 2. Facts are th..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......accused No.1. There is a note of interrogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and finan......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......llant who is said to be the fast friend of the manager and his business partner. These are the matters, now in the form of an allegation, the truth of which can be ascertained only on evidence during trial. In view of these allegations it cannot be said that the facts alleged do not constitute any c..Category: Criminal Law | Date: | Hits: 95
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....he stolen articles were recovered from his house. The said Zafar himself confessed that the appellant and another named Kalu had accompanied him in commission of the occurrence. The trying Judge thus rightly passed the impugned judgment and order. 8. We have examined the evidence on record and go......Appellant Vs. The State ................... Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jai...... the appellant on 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that in the present case there...... 10.1.1993. Police investigated the case and submitted charge sheet on 30.4.1993 under sections 457, 382 and 411 of the Code against the appellant and two others. 4. The case having been ready for trial was sent to the Sessions Judge, Cox’s Bazar and was registered as Session Trial Case No.33 o..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ........................ Appellant Vs. The State ......................... Respondent Judgment May 13, 2012. Result: The jail appeal is dismissed. Lawyers Involved: No one appears - for the appellant. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant At......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......itted a charge sheet on 20.12.2006 against the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 (hereinafter called the Ain). 4. The case having been ready for trial was sent to the Sessions Judge, Kushtia and was registered as Session Case No. 86 of 2007. Lea..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....p explosive substance at his house. Admittedly he is a member of J.M.B, an extremist organization. Under the facts and circumstances of the present case, the judgment and order of conviction has been rightly passed and there is nothing to interfere with by this Court. 15. We have examined the evi......rique Aziz ... .......Appellant Vs. The State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. ......e said judgment an order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that the appellant was arreste......on, submitted charge sheet on 22.1.2006 under sections 4(b) and 6 of the Explosive Substance Act against four persons adding the appellant as an accused therein. 4. The case after being ready for trial was sent to the Special Tribunal No.1, Rajshahi and was numbered as Special Tribunal Case No.5..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....nt documents including the sale deed executed by the Government (Exhibit-2) and accordingly directed RAJUK to mutate the said property in his favour, the petitioner has acquired a legally enforceable right and, as such, he is entitled to the directions in the form of mandamus from this Court under A......er called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After Liberation, since the said property became abandoned under the provisions of the...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......e Suit No.279 of 1999 being transferred to the then Additional Subordinate Judge, Dhaka. The suit was contested by RAJUK (defendant No.3) but not by the Government (defendant No.2). Nevertheless, the trial Court having dismissed the suit, the petitioner preferred First Appeal No.585 of 2001 before t..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......ving TIN: 267-100-1599. For the assessment year 1994-95, the Deputy Commissioner of Taxes assessed total income of the applicant at Taka 60,16,358 including unexplained investment of Taka 23,41,958 for construction of a two-storied house of the applicant as income from other sources. He estimated ......ance. We were shown notice printed under such sub-section (2) of section 83 of the Ordinance is being issued requiring clarification on certain specified points. Purpose of such notice is to ensure fair play in the matter of assessment. As the Deputy Commissioner of Taxes is not bound to accept th...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....n the said plot the plaintiff is in possession of 61/2 decimals of land. The plaintiff is in possession for more than 12 years and thus, acquired title by adverse possession. The defendants have no right, title and interest in the suit land but they have been threatening to dispossess the plaintif......te Parties. Civil Revision No.697 of 1997. Judgment Md. Momtaz Uddin Ahmed J.- The Rule was issued at the instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......থে পূর্বক দখল কায়েমের ডিক্রী দিতে। খ) যাবতীয় আদালত ব্যয়ের ডিক্রি দিতে।” The trial Court after considering the evidence P.Ws. recorded findings that: "৬নং বিবা..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o ingredients of section 5(1) of the aforesaid act being punishable under section 5(2) of the Prevention of Corruption Act, 1947. He has further argued that there are legal infirmities in this case right from lodging of the FIR to that of framing of charge and further steps being taken by the lear......sul Huda J.- This rule was issued on 7-7-2008 on an application under section 561A of the Code of Criminal Procedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proc......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......61 and 165A of the Penal Code read with section 5(2) of the Prevention of Anti-Corruption Act, 1947 and section 109 of the Penal Code and transferred the case to the Court of Special Judge, Dhaka for trial. Thereafter the learned Special Judge, Special Judge Court No.1, Dhaka framed charge on 18-5-2..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... Bangladesh are not only most learned persons but also by virtue of their training and holding of such high office they are normally considered to have attained and acquired the status and image of upright, qualified, impartial and independent persons in the contemporary times. The legislature there......tizen to safeguard and defend the Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh. The petitioner is also the Secretary General of the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the peo...... Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgm......ided. 4. Review powers should be given to the Election Commission for fair conduct of election. 5. Contempt provision which was made earlier should be restored. 6. Activities of the summary trial Courts should be strengthened. 7. The Election Commission must monitor and ensure that the ..Category: Constitutional Law | Date: | Hits: 215
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