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State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......s wife and he is required to be put on trial for the cause of death before a proper court. The proper procedure in the facts of the given case, is to remand the case to the Court of Magistrate having power to take cognisance of the offence for passing necessary orders on perusal of the police report......Bhuiyan J State ……………………………………Petitioner Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant A......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ...... sought for quashing any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and placing section 561A Cr.P.C. he has submitted that this Court by exercising the inherent power can make such orders as may be necessary to prevent abuse of the process of any Court. He has ......: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Aw......hout any warrant of arrest and taken to Detective Branch at Minto Road. The family members failed to trace him out as in the other case which is pending before this Court. However, the petitioner was granted bail on 24‑4Â-2003 by the learned Magistrate. When he was about to be released upon furni..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......rough section 54 of the Code and section 3 of the Act, and submits that a person cannot be put in preventive detention after arrest under section 54 of the Code, inasmuch as, a police officer has the power to arrest a person under this section on any of the grounds contained therein whereas, an orde......………….Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 195......ime provided that sufficient evidence has been collected to raise a suspicion that such an accused person may have committed all offence and it appears likely that further evidence may be obtained by granting a remand." 48. In respect of an accused person who has been shown arrested in a case whi..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......y attention to various provisions of Union Parishad Ordinance, 1983 and submits that the election tribunal was set up by the election commission and though the election tribunal was invested with the power of a civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be a C...... High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Cas...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..Category: Election Law | Date: | Hits: 79
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......pplication, the defendants contended that after the death of Alimullah on 18Â-10‑1976, his sons and daughters appointed their mother Hasina Begum as their duly constituted attorney by a registered power of attorney dated 5-Â12‑1977. So empowered she transferred number of properties with the co......d. Abdur Rashid J S Rahman Miah J Ali Akbar (Md) and others...............Appellants Vs. Sakina Begum and others..............Respondents Judgment August 24, 2002. Cases Referred to- Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97; Md Musa and others Vs. Tajul Islam, 38 DLR 134 ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......nvestigation, trial and disposal the provisions of the Code of Criminal Procedure shall apply and the Tribunal constituted under the Ain shall be deemed court of sessions and it will exercise all the powers of court of sessions in the trial of any offence under the Ain or any other offence pursuant ...... Lawyers Involved: Ozair Farooq with Md Aminul Islam, Advocates -For the Petitioners. Prabir Halder, Advocate‑For Informant‑Opposite Party No. 2. Sheikh A Awal, Deputy Attorney‑General‑For the State‑Opposite Party. Criminal Appeal No. 4298 of 2003. J...... sessions in the trial of any offence under the Ain or any other offence pursuant thereto. From the above it is apparent that though the Tribunal and the High Court Division on appeal is empowered to grant bail under the general provision of the Code the power is limited and such power should be exe..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......administrative order for the purpose of maintaining upto date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the revenue officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken b......¦â€¦â€¦â€¦.Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment February 23, 2004. Cases Referred to- Sadat Ali Talukder (Md) @ Md Sadat Ali Vs. State and another 4 BLC (AD) 228; Shahera Khat......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......hearing to the plaintiff. Last, but not the least, an Assistant Commissioner, Settlement of the Office of the Commissioner, Settlement of the Ministry of Housing and Public Works was not definitely empowered to cancel a permanent lease by such show of executive fiat.
41. From exhibit 'Kha' it app................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Referred to-
Sati Prasanna Mukherjee and others Vs. Md. Fazel, AIR 1952 Cal 320.
Lawyers Involved:
D......aka in Title Suit No. 3 of 2000, which dismissed the suit.
2. Plaintiff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑1994 granting lease of the suit plot in favour of defendant No.7 were both illegal, collusive, forged, ma..
Category: Property Law | Date: | Hits: 73
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......w in rejecting the application mainly on the ground that the court could have compared the signatures of defendant No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support...... Miah J Monju Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Mo......ed error in setting the decree of the trial Court. On appeal therefrom, the Appellate Division set aside the decision of this Division and restored that of the first appellate Court. 23. Leave was granted amongst others, on the power of comparison of the Court under section 73 of the Evidence Act..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......uddin Md. Aminur Rahman, learned Assistant Attorney‑General for the State, on the other hand, submits as follows: (i) According to section 540 of the Code of Criminal Procedure the Court has the power to examine any witness at any stage of the trial before pronouncement of the judgment. So, no ......ury J Zinat Ara J Tofail Ahmed alias Joseph………Petitioner Vs. State ………………………………… …….Opposite Party Judgment February 11, 2004. Cases Referred to- Nazrul Islam alias Montu Vs. State, 4 BLC 273; Nazrul Islam Vs. State, 27 CWN 675; Natabar Gh......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......m and it cannot be said that the intention of this section is to limit its application to the witnesses only before examination of the accused under section 342 of the Code of Criminal Procedure. The power is available to the court and under section 540 of the Code of Criminal Procedure a court has ......med J Kazi Ali Zahir alias Elin and others........Appellant-Petitioners Vs. State..............................................Opposite Party Judgment April 11, 2004. Cases Referred to- Hemayetuddin @ Auranga Vs. State, 1994 BLD (AD) 9 =46 DLR (AD) 186; Mohiuddin Howlader Vs. St...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..Category: Criminal Law | Date: | Hits: 48
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......rict Magistrate, Natore, on 15‑12Â-2000, copy of which order of cancellation was handed over to his father. It has further been alleged in the application that after the 4‑party Alliance came to power his political enemies became more active and resorted to all sorts of activities using the loc...... Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170. Lawyers ...... have been annexed as Annexure‑X and X (1). 4. In support of the Rule Mr. MK Rahman, the learned Advocate for the petitioner, submits, inter alia, that there is no denial that the petitioner was granted licence to hold the arms in question which was valid upto 2002 and that before cancellation ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......o Court other than the one designated by law can assume or arrogate to itself the jurisdiction it is not invested with.
16. By SRO 124-L/86/SVI/LC-56/83 dated 16-4-86 the Government in exercise of powers conferred under sub-section (1) of section 35 of Industrial Relations Ordinance. 1969 (XXI of......dhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involved:
Md. Khalilur Rahman with Mahbubul Hoque and Afsar Zahan, Adv......e petitioner’s union never fell below 30%, rather the number increased to more that 80%.
9. The appeal was admitted and an order of stay of operation of the cancellation order dated 20-12-92 was granted till disposal of the appeal.
10. Respondent No.3 i.e. the Grameen Rank subsequently got i..
Category: Labour and Industrial Law | Date: | Hits: 186
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......5 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17Â-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of 1994 accepting the power of attorney allegedly executed by plaintiff Gurupada Chakraborty whereby Md. Arab Ali was appo...... Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to- Anath Bandhu Guha and Sons Ltd. Vs. Babu SS Halder @ SS Dey, 42 DLR (AD) 244. Lawyers Invo....... The plaintiff shall now be required to pay the requisite stamp duty and the penalty as prescribed in law to make the disputed power of attorney admissible in evidence. The order of stay earlier granted by this Court stands vacated. Communicate the order at once to the learned Senior Assist..Category: Property Law | Date: | Hits: 65
M/S. OK International Vs. Commissioner of Customs & others, 2009, 38 CLC (AD)
....sed. However the authority concerned may consider to give benefit if any to the appellant under the registration scheme. This Case is also Reported in: 16 MLR (AD) (2011) 83, 63 DLR (AD) (2011) 122.......istration is not enough to get the special benefit under the Scheme. Unless the price given by the foreign exporter is approved by the registration authority, the customs authority has got sufficient power to determine the value of the merchandise on the basis of tariff value. 4. The High Court D...... M M Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/S. OK International................................Appellant (In all cases) Vs. The Commissioner of Customs & others ..............Respondents (In all cases) Judgment March 19, 2009. Lawyers......as not been determined in the manner as provided in Value Determination Rules, 1997 and as such the appellants cannot be assessed on the basis of a tariff value without any guideline. 7. Leave was granted to consider the above submissions in all the petitions. 8. Heard Mr. A. F. Hassan Arif, l..Category: Fiscal/Taxation Law | Date: | Hits: 86
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......ant Judge that the application is not acceptable, having been filed after 35 years from the date of the decree, is itself an error of law. The learned Advocate submits that section 152 is an inherent power of the Courts to correct mistakes occurring in the judgments, decrees and orders. In support o......an Ali J Chand Mia and others ..............................Petitioners Vs. MA Rajput Ghosh Bahadur & others.............Opposite Parties Judgment March 11, 2002. Cases Referred to- Ibrahim Sk and others Vs. Janab Sk alias Janab Ali Sk & others 29 DLR 81; Chaganty Katar......t case the application for correction under sections 152, 153 of the Code of Civil Procedure was opposed on two grounds, firstly, the very long delay and, secondly, that the Court is not competent to grant an application for amendment of the plaint schedule after disposal of the suit. Mr. Rajamanner..Category: Property Law | Date: | Hits: 61
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338...... Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman Kha (Md).........Petitioner Vs. State...................................Opposite Party Judgment January 19, 2002. Cases Referred to- Kanhaiya Vs. Kashi Nath Tewari and others, 1979 Criminal Law Journal 409 (Allahabad); Thakur ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......arriage of justice, it calls for interference even under the inherent jurisdiction of this court available under section 561A of the Code of Criminal Procedure. It is submitted that when the inherent power can be invoked in case of illegal conviction and sentence passed without any evidence, the pro......haled J Salma Masud Chowdhury J Rezia Khatun…………………..Petitioner Vs. State……………………………….Opposite Party Judgment March 13, 2004. Case Referred to- Abdul Hamed Mollah Vs. Ali Mollah 44 DLR (AD). Lawyers Involved: Khurshid Alam Khan, Ad......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....n this connection he cited a decision reported in 11 BLT (AD) 149 (Hasibul Bahar Vs. Gulzar Rahnian and another). He further submits that provision of section 247 of the Code of Criminal Procedure is discretionary and this discretion should be applied considering the facts and circumstances of each ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is discharged. Cases Referred to- Hasibul Bahar Vs. Gulzar Rahman and another, 11 BLT (AD) 149 = 56 DLR (AD) 17; Md. Manzur Ala......for the disposal of the Rule which would have no bearing at the time of trial. In the result, the Rule is discharged. The order staying further proceeding of Petition Case No. 1741 of 2000 earlier granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned ..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......xt emphatic submission made by the learned Advocate is that the learned Additional Sessions Judge assuming jurisdiction of the Special Judge passed the impugned order who has not been vested with the power of Special Judge as required under section 3 of the Act. Lastly, the learned Advocate submits ...... Md. Mostan Billah……………….Petitioner Vs. State……………………………………………….Respondents Judgment March 11, 2002. Cases Referred to- Tashinuddin Talukder Vs. State 25 DLR 174; Sreemati Prativa Rani Dey Vs. Dr Md Yusuf 2000......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
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