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Lukus Miah Vs. State, 1991, 20 CLC (HCD)
....is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230.......sul Alam, Deputy Attorney General with Hafizul Bari, Advocate ‑ For the State. Criminal Appeal No. 340 of 1989. Judgment Abdul Bari Sarker J. - This appeal is directed against the judgment and order of conviction and sentence passed by Mr. Md. Golam, Maola, Special Tribunal Judge, Moulvib......ruelty to Women Ordinance in view of the above facts and circumstances of the case. He however submits that the case should be sent back on remand for retrial of the appellant after framing charge on proper Section of the Penal Code and presumably Section 493 BPC. As the accused allegedly had sexual......is set aside and the accused acquitted of the charge levelled against him. He should be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 230...Category: Criminal Law | Date: | Hits: 68
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......r the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Revision No 397 of 1986. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 3.12.85 and 9.12.85 respectively passed by Additional......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......on right track so that he acts judicially. It enables the High Court to Judge whether Court of 1st appeal had independently considered the case with a consciousness of relevant points which arose for adjudication. It also affords opportunity to the parties to know the grounds of decision to enable t..Category: Property Law | Date: | Hits: 60
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....ccused petitioner and that the orders dated 30.4.91, 4.5.91 and 7.5.91 and the remarks passed in those days as quoted in the grounds of the petition are sufficient proofs that the Tribunal has become completely inclined towards the prosecution and it has lost all its ability to do impartial justice.......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ......Sena Bhaban till 12.12.90, when on 12.12.90 he was transferred to the Gulshan House at Road No. 84 at 10’ clock in the afternoon. It has been stated that a Committee was constituted on 12.12.90 for proper sealing of the rooms of Sena Bhaban for making correct inventory of the items found in the ro......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... 23.10.86 his son told him in the night that accused Abdul Bari with some constables took away Arun from his house. He has stated in his deposition that he found Arun in the evening on that date in a complete sound health. This is the first ring of the circumstantial evidence that the prosecution ha......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr......which though not directly intended by all was taken by all of them commonly intended and thirdly, the act any of the confederates commits in order to avoid or remove any obstruction or resistance for proper execution of the common intention." Once the Criminal act becomes individual of the common......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....ent of private rights or redress of wrongs. It is only to ensure that public interest is protected, that rival claims are considered, not for their own sake, nor in their own right." 29. We are in complete agreement with the view of the Kerala High Court which is in complete accord with the view ......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ...... constructed building. It is the further contention of the respondents that the respondents had never acted unjustly, unfairly or arbitrarily. What they have done, they have done with reasons and for proper management of the internal affairs of the construction of a building which belongs to the Ban......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....restriction cannot be considered to be reasonable where such restriction prevents the discloser of unconstitutional practices and abuses of the Constitution. Article 39 of the Constitution guarantees complete freedom of speech and expression but it also makes an exception in respect of contempt of C...... in: 8 LG (AD) (2011) 122. ......mpt by pleading truth and offering to prove it. 9. Anything which lowers the dignity of court is an obstruction to the normal course of Justice. The Judges will not be able to perform their duty property if they are exposed to libelous attacks. An assertion about a Judge that he has dealt with ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ase is also Reported in: 16 BLC (AD) (2011) 62. ......as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiffs of their lawful properties and, as such, the defendant Nos. 1-4 be directed to evict from the suit property. Plain......is leave petition by the petitioner. 6. Mr AB Roy Chowdhury, the learned Advocate appearing for the petitioner, submits, that the appellate Court considered independently the relevant points for adjudication and discussed the evidence led by the parties as well as the point of law and the judgm..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....same were placed before it for verification of the signature of the transferor. The petitioner by his letter dated 1.4.84 (vide Annexure D) requested the respondent Bank to make necessary formalities complete in the register book to enable him to further purchase the shares. It was further stated th......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......……………………. (2) ......................................... "(3) it shall not be lawful for the company to register a transfer of shares in or debentures of the company unless the proper instrument of transfer duly stamped and executed by the transferor and the transferee has bee......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhaka and others…………………..Respondents. Judg......ted and intricate question of title of the parties to the suit pending before the Civil Court is involved and this question of title can only be judicially resolved by a competent Court after due and proper consideration of the facts and law involved in the dispute. By the impugned order dated 5.6.8......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V......iew finds support in decisions reported in 27 DLR 413 and in 38 DLR 39. In 27 DLR 413 it was held: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is no longer a mere technicality that material facts should be specifically ple......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193....... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 ......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......he suit is barred under section 25(1) (b) of the Employment of Labour (Standing Orders) Act. This point was not urged before the Courts below. Moreover, there is a specific issue on the point pending adjudication. In the circumstances I am not inclined to allow the petitioner to argue it at this sta..Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......he accused No.1 (opposite party No.2 herein) on receipt of the said letter dated 22nd July 1985 from the Head Master instructed her lawyer Mrs. Sigma Huda, the accused petitioner, to write and send a proper reply to the said letter of the Head Master. The petitioner who is accused No.3 in this case ......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......Vs. Promode Ranjan Das & others…………………Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 DLR 153; Matiur Rahman Vs. Md. Iman Ali @ Md. Iman Miah ...... came to know about it in the month to Sravan, 1380 BS. On coming to know about it he took the certified copy of the kabala on 17.8.73 and filed the above mentioned Misc. Case No.148/73 on 11.9.73 on proper deposit of consideration and compensation. He further claims that the purchasers are stranger......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ...... further submits that the defendant petitioner in pursuance of an agreement for sale is in possession of his purchased land since 1968 admittedly and hence he has acquired a legal right over the suit property and if the amendment of the plaint is allowed in such a manner as above, shall have direct ......e learned trial Court did not commit any illegality in allowing amendment and that there is no bar for filing applications under Order 6 rule 17 of the Code of Civil Procedure at any stage for proper adjudication of a proceeding before the Court and there is nothing to be aggrieved because the amend..Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......ioner of Taxes (East Zone) presently Taxes Zone 3, Dhaka……………….Respondent-Opposite Party Judgment October 29, 1992. Cases Referred To- Puran Mat Kauntia Vs. Income Tax Officer and others, 98 ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222;...... confers appellate jurisdiction, it impliedly grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution and statutory carries with it the duty in proper cases to make such orders for staying proceeding will prevent the appeal if successful from b...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....hat is the correct procedure to follow because it must be realised that when the Court of Section or the High Court is granting anticipatory bail, it is granted at a stage when the investigation is incomplete and, therefore, it is no informed about the nature of evidence against the alleged offender......Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- L......elf." 16. Regarding the granting of the bail to a person who is not yet arrested, his Lordship held ".................the reply which I would give to the question referred to us is that, in a proper case, the High Court has power under section 498, Criminal Procedure Code, to make an order t......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......nha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment February 7, 2010. Cases R......ht of river crossing tower and implemented the final design without approval of the Board (Annexure-G series). The respondent No.1 submitted his reply but failed to satisfy the Inquiry Committee with proper reasonings and explanations. The Inquiry Committee submitted its report stating that the resp......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168....... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Zahir Sheikh.......................................Petitioner Vs. Md. Yakub Ali and others......................Opposite Parties. Judgment January 3, 1990. Lawyers Involve...... instituted a suit bearing OC Suit No. 384 of 1976 on 3.8.76 in the Court of Munsif, Sadar, Mymensingh against the defendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his orde......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....eposit‑Deposits in connection with election. “বিভাগীয় ও বিচার বিভাগীয় জমা” Obviously, the petitioner of the election petition has not mentioned the complete head of account in the manner stated in rule 12(5). But nobody can possibly misunderstand t......urt Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Abdul Kader (Md.).......................................Petitioner Vs. Md. Abdul Rafi Prodhan and other.................Opposite Parties. Judgment June 20, 1989. Cases Referred to- ......ing failure of justice in not dismissing the election petition for noncompliance with rule 44(3) of the Rules in the matter of depositing the security for the costs of the election petition under the proper head. According to him, it was incumbent upon the opposite party to deposit security for the ......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ......y supplied by the Government. Thus, the learned Deputy Attorney General submits that when there are allegations in the above mentioned two cases against the petitioner, regarding mishandling of the property of the Upazila Parishad it is quite reasonable on the part of the Government in the formati......e satisfaction of certain controlling authorities. Whether in the process of doing the work certain quantity of wheat was misused or has been misappropriated by somebody can be fixed only upon proper adjudication of the dispute by the appropriate forum. Until and unless such alleged liabilities are ..Category: Election Law | Date: | Hits: 121
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