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Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....rit, there is no scope for withdrawal of the Suit and, as such, the learned District Judge was perfectly justified in allowing the withdrawal of the appeal and the impugned order does not suffer from any illegality. The learned Advocate further submits that having regard to the fact that there was n......rehension of facts and non-application of a judicial mind on the part of the learned District Judge and the same occasioned failure of justice. The plaintiff is at liberty to withdraw his suit at any stage without any permission from the Court and he needs permission for withdrawal only when he want......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....h the judgment and the evidence on record. He has argued that except the uncorroborated testimony of the informant and the Investigating Officer, there is no other evidence in this case to prove that any arms and ammunitions were recovered from the control and possession of the appellant Nos.1 and 2......rmant asked him to take him to the other side of the river and then he took them to the other side of the river and thereafter the officer-in-charge asked him to put his signature on a paper. At this stage, this witness was declared hostile and was cross-examined on behalf of the prosecution. He den......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Ismail Vs. State, 1999, 18 CLC (HCD)
....ed in the manner was done in the case before us and if he conducts a case in a manner as we have noticed. We are of the view that the purpose of appointment will be totally frustrated. We do not find any reason why a State defence has not been appointed well ahead of the date fixed for framing charg...... only on the date fixed for prosecution witnesses and one witness was actually examined on the date on which he was appointed. It is obvious that the learned Advocate who was appointed at such a late stage to defend the absconding accused, had no opportunity to go through the relevant papers such as......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....the writ issued to him under Order 21 rule 13 of the Code of Civil Procedure duly executed the writ and delivered possession to the decree-holder and, as such, the petitioners are not entitled to get any relief under section 151 of the Code of Civil Procedure. It was also contended that if any illeg......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......submits that the learned Subordinate Judge also erred in law in not properly appreciating the scope of section 151 of the Code of Civil Procedure and in asking the petitioners to initiate independent proceedings for redress of their grievance on an erroneous view of law and the same has occasioned a..Category: Civil Law | Date: | Hits: 66
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....ugned order exempting the plaintiff from impleading 36 persons as defendants in the suit was passed on the prayer of the plaintiff and that too at his risk. In that view of the matter, we do not find any illegality committed by the learned Subordinate Judge in passing the impugned order occasioning ......it, he must do so at his own risk and peril but none can compel him to implead parties against his will. Of course, under Order 1 rule 10 of the Code of Civil Procedure the Court has the power at any stage of the proceedings to make any person, either on its own motion or on the application of an in......o so at his own risk and peril but none can compel him to implead parties against his will. Of course, under Order 1 rule 10 of the Code of Civil Procedure the Court has the power at any stage of the proceedings to make any person, either on its own motion or on the application of an interested part..Category: Procedural Law | Date: | Hits: 67
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....e parties the Magistrate acted without jurisdiction in initiating the proceeding under section 145 Cr.P.C. Following the above principle we hold that the criminal court has no jurisdiction to draw up any proceeding under section 145 Cr.P.C. and the Magistrate’s jurisdiction is completely ousted. M......ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......the officer in charge of the said police station submitted a report recommending for appointment of a receiver under section 145 Cr.P.C. stating that there was apprehension of breach of peace and the proceeding under section 145 Cr.P.C. was drawn by the learned Magistrate on 24-11-96 on the basis of..Category: Criminal Law | Date: | Hits: 237
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....o that the jurisdiction of the Court would itself be barred when an unauthorised police officer conducts the investigation, then the position might be different. But I find no words in the proviso or anywhere in the Prevention of Corruption Act, 1947, which would lead to such a conclusion.” 9. ......riating 1,342.6 gallons diesel oil and 11.4 gallons mobil oil valued Taka 48,405.00. 5. Prosecution has examined 10 witnesses and that the case while was fixed for examination of witnesses at that stage petitioner moved this court seeking relief as mentioned herein before. 6. Learned Advocate ...... Md. Ruhul Amin J. - In this Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure opposite party (The State) has been called upon to show cause as to why the proceedings of Special Case No.16 of 1994, arising out of Bhaluka PS Case No.5(10) 91 corresponding ..Category: Criminal Law | Date: | Hits: 75
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... quashed. 7. To appreciate the contention of the petitioner provision of section 3 of the Act may be reproduced. 8. Provision of section 3 of the Act reads as follows: 3. (1) Notwithstanding anything contained in the Police Act, 1861, the Government may constitute a Bureau to be called the ...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......2) and 5(1) of the Act by the order dated 31-1-1990. 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect..Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....n Report Case regarding place of occurrence is different from the place of occurrence mentioned by the witnesses in their evidence at the trial. He further submitted that though defence failed to get any support of its case from the cross-examination of the prosecution witnesses, court below illegal......ion as well as trial giving him chance to get the benefit of reasonable doubt about the veracity of the prosecution case is being abused now by the accused in collusion with the police at the initial stage of investigation of the case. We have come across many cases in which due to faulty investigat......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
.... bail in a case of this nature.” (ii) “It means that the learned Advocate, Mr. MA Wahab, has obtained the ad-interim bail by underhand means through the backdoor, so to say, without preferring any appeal against the orders, rejecting the prayers for bail of his clients by this Court on 12-2-8......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......former Presidents of Supreme Court Bar Association, appearing on behalf of the opposite party, submitted that the matter should be dealt with leniently and with compassion and prayed for dropping the proceedings against the opposite party in view of his reply denying the two main allegations and con..Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....ppellant contended that lodging of FIR with the Palong PS and conducting of investigation by an officer of said PS in respect of an offence committed within the Naria PS was illegal he could not show any law in support of his contention except the provision of section 177 of the Code of Criminal Pro...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... such lodging of FIR with Palong PS and investigation and submission of charge sheet against the appellant by an officer of Palong PS and producing before the Magistrate Palong PS vitiated the entire proceeding and, as such, his conviction was illegal. He further submitted that seizure list witnesse..Category: Criminal Law | Date: | Hits: 73
.... and Manpower with effect from 2-6-84 and ever since he had been discharging his duties and responsibilities honestly and sincerely to the satisfaction of his superiors. His service record is without any spot and any adverse remark. While 4 the petitioner was serving as Controller of Vagrancy he was......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......rvice record is without any spot and any adverse remark. While 4 the petitioner was serving as Controller of Vagrancy he was placed under suspension with effect from 2-6-82 followed by a departmental proceeding on some false and frivolous charges. The petitioner was charge sheeted under Rule 2(8) of..
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....m Reza on being injured came running to the police station and gave statement which he recorded in GD Entry No.322 dated 14-3-88. It was suggested to him by the defence that Selim Reza could not give any statement and that the GD Entry was subsequently fabricated and inserted to which P.W.23 denied....... rickshaw, that Selim told him that Reju Chairman passed order whereupon Farhad and Chand caught hold of his hands and Aziz stabbed him and that Selim told these four names as his assailants. At this stage P.W.3 was declared hostile and was cross-examined by the prosecution. 13. The mere fact tha......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....e court. Mr. Samad was told that as soon as record is received from Dhaka that matter would be re-examined and he would be intimated. They did not utter the alleged offensive words and did not commit any contempt of court. They made certain allegations against Mr. Abdus Salam that he had threatened ......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242....... it was incumbent on the learned District Judge to hold an enquiry by recording evidence of the parties to find out whether there is any prima facie case to send the matter to this court to draw up a proceeding for contempt of court. He could also do so if no denial was made or from the record it ap..Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
.....6.86 he went home on leave to celebrate Eid and on 14.6.86 he returned to Tangail and resumed his duties. 3. Thereafter the Enquiry Officer without giving the petitioner an opportunity to examine any witness submitted a report against the petitioner. On the basis of the said report, the responde......porarily (for a specified period); c) stoppage temporarily (for a specified period), at an efficiency bar in the time‑scale of pay; (II) Major penalties include: d) reduction to a lower stage in a time‑scale of pay, or to a lower‑post; e) recovery of pay for the whole or part of......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....when those persons came near the north side of the mosque they came across Ranjit who informed them that some persons had taken away Motaleb. A search for Motaleb was carried out but he was not found anywhere. Next day on 18.1.1986 being informed that a dead body had been found in the field of the v...... not on imaginary possibilities. We are of the opinion that while coming to his conclusion the learned Sessions Judge sustained the conviction of the accused without applying his mind. 37. At this stage Mr. Abu Sayeed Ahammed, the learned Advocate moved to another aspect of the case. According to......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......gh Hazari and others, 36 DLR 272 set aside the judgment and order of the Trial Court. He also cites the case of Yakub Khan and others Vs. Amjad Ali and others, 27 DLR 164 to contend that in a summary proceeding under section 96 of the SAT Act Court cannot look into the question of benami. He contend..Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
.... have also referred to in Civil Revision No.407 of 1985 decided on 12.5.91) wherein it has been held that a civil Court has no jurisdiction to stay, by means of a permanent injunction, proceedings in any criminal matter and it is settled law that where the legislature has indicated a mode of procedu......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......e Courts committed an error of law in their decision occasioning failure of justice. The learned Advocate submits that the effect of the granting of injunction amounts to nullifying the result of the proceedings under section 145 Cr.P.C. and this is not allowed under section 56(e) of the Specific Re..Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....e Ministry is very much necessary inasmuch as decision of the Government is final. Though the parties are fighting in the Courts of the Assistant Judge and District Judge, they have not yet collected any material to show as to whether the Government has given necessary sanction or not. 7. The lea......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......he provisions of the circular, and the maker can deviate from the provisions of the circular if it does not create any vested right in the meantime. The Government circular in question in the present proceeding is absolutely of a different nature which does not create any vested legal right for the ..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....d in the interest of justice Artha Rin Adalat ought to have considered the review application. He has further argued that since ad interim order passed by the Artha Rin Adalat cannot be challenged in any other forum and the petitioner having no other efficacious and adequate relief available to it w......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......(AD) 196=46 DLR (AD) 174 it has been held that Revisional jurisdiction of the High Court Division is provided for in section 115 of the Code of Civil Procedure and in making order under section 6 the proceeding, order, judgment and decree of an Artha Rin Adalat not amenable to interference by any co..Category: Administrative Law | Date: | Hits: 200
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