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Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....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 ....... 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to w......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)
....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......ate. Criminal Miscellaneous Case No. 4255 of 2001. Judgment Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑200......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
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....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......record. 2. This Rule was issued on 4‑2‑2002 at the instance of the accused petitioner Loskoar Mohammed Mostan Billah upon an application under section 439 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Khulna to show cause as to why the order dated 2210‑2001 p......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
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....িন ধার্য থাকলো, সাক্ষীদের প্রতি সাধারণ সমন ইসু করা হক।" Under this provision a Sessions Judge has been given power to tender a person with the view of “obtaining at the trial the evidence of any person suppo......Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitthulal and another Vs. State of Madhya Pradesh AIR 1975 SC 149; Md Hossain Omar Cosra Vs. ......on report Exhibit I and his signature Exhibit 1/1. His evidence has been narrated above. In cross-examination, he stated that he could not say who wrote the first information report that the police called him to the police station for lodging first information report and that he told to the police......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....ction 174 of the Code of Criminal Procedure (for short The Code) can be glanced at which runs thus: "174. (1) The officer‑in‑charge of a police station or some other police officer specially empowered by the Government in that behalf, on receiving information that a person‑ (a) has commi......rul Huq J SM Hossain J Babul Sikder and others........................Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Ch......). 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......re of section 34 is the element of "Participation in action". The common intention implies acting in concert, existence of a pre‑arranged plan and presupposes a pre‑concert. There must be prior meeting of minds. 57. Criminal sharing of overt or covert act by active presence or by distant di..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
.... Appraisers who joined the service originally as Preventive Officer, long before that promotion but seniority of the petitioner has been taken away by passing the impugned Act and that Act does not empower the Government to claim that the post of Preventive Officer/Appraiser/Inspector and Intellig.......................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD......fficer cannot be treated that they are of equal grade with the Appraisers as they have been graded separately and their nature of work with job duty are also separate. The learned Advocate has specifically referred Para‑8 of that judgment in which their Lordships clearly observed that Preventive O......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....া আবশ্যক”। 6. The reasons assigned by the learned Subordinate Judge are not relevant for reviewing a judgment disposed of on merit after full flaged hearing of the parties. The power of review is not an inherent power-it is conferred by law specifically. A review is by no mean....... Muzammel Hossain J Surendra Kumar Sinha J Md. Abdur Rashid Akand…………………………Petitioner Vs. Md. Raisuddin and others .....................Respondents Judgment October 6, 2010. Case Referred To- Chhajju Ram Vs. Neki, AIR 1922 P.C.112. Lawyers Involved: ......d Subordinate Judge are not relevant for reviewing a judgment disposed of on merit after full flaged hearing of the parties. The power of review is not an inherent power-it is conferred by law specifically. A review is by no means an appeal in disguise whereby an erroneous decision is reheard and co......ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39...Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ted 2‑12‑1999 was issued by the NBR and published in the Gazette dated 5‑12‑1999 recognising/identifying some undertakings as providing physical infrastructure facilities as per the delegated power of legislation given under the Explanation appended to sub‑section (2)(b) of section 46A of ......a Nath, AIR 1955 (Cal) 581; Income tax Officer, Alleppey Vs. I MC Pon-noose and others, AIR 1970 (SC) 385; 53 CWN 596; AIR 1989 SC 501; Hansraj Vs. Dave, 1969 SCR 253; Nowab Gazzi Vs. Assistant Collector, AIR 1965 Audh 218. Lawyers Involved: Tania Amir, Advocate‑For the Petitioner. Moshar......Mosharaff Hossain, Deputy Attorney-General-For the Respondent. Writ Petition No. 5588 of 2000. Judgment Md. Joynul Abedin J.-This Rule under Article 102(2)(a) of the Constitution was issue d calling upon the respondents to show cause as to why the impugned notification dated 2‑12‑1999 v......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ction between 'Bail' and "Anticipatory Bail” is that whereas the former is granted after arrest and therefore, means release from custody and the latter is granted in anticipation of arrest and the power is exercisable in case of an anticipated accusation of an offence and is effective at the very...... Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State Vs. Abdul Wahab Shah Chowdhury and another, 51 DLR (A......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......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
....esh represented by the Secretary, Ministry of Works Vs. Jalil and others reported in 49 DLR (AD) 267 48 DLR (AD) 10, 15BLD (AD) 175 wherein their lordship held that the High Court Division exercising power under Article 102 of the Constitution does not work as a Court of appeal and as such it is not......D) 161.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the High Court......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....-E) has not been notified in the official Gazette nor there is any other section available in the Customs Act or any other law wherein the Customs Authority or anybody else has been invested with any power to fix up any "indicative value" for any goods for the purpose of levying duty. 20. Md. Baz...... Court High Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both...... lawful under section 114(e) of the Evidence Act. And to find support to his contention he has referred to the case of Mustafa Kamal Vs. Commissioner of Customs reported in 52 DLR (AD) 1. More specifically he refers to paragraph 18 of the decision. Paragraph 17 reads as follows: “17. Having ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
.... and that whether a revision petition under section 438 of the Code of Criminal Procedure against an order of Magistrate is maintainable even after the learned Sessions Judges have been invested with powers under Section 439A of the said Code to exercise all or any of the powers which may be exercis......………………………………………..Respondent Judgment May 29, 2000. Lawyers Involved: Md. Miftahuddin Chowdhury, Advocate—For the Petitioner. Shueb Ahmad, Assistant Attorney-General—For the State Respondent. Criminal Miscellaneous Case No. 2786 of 1995. Judg......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ...... are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......e for the revenue. 6. We have gone through the judgment of the Tribunal and it appears that the Tribunal on consideration of the relevant laws and the purpose for which BRAC was established specifically came to the finding that the respondents’ activities are wholly for charitable purposes whic......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....ightly found that the parties of the two proceedings are different and consequently the impugned order does not suffer from any illegality calling for interference by this Court exercising revisional power. 8. The learned Counsel appearing for the petitioner has placed before me the impugned orde...... Qazi Ebadul Hoque J Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faz......slam further submits that the learned Assistant Judge erred in law in holding that the parties of the two proceedings were different although, in fact, the principal contenders of the suits are practically the same and the same has occasioned failure of justice. 7. Mr. Md. Khurshid Alam Khan, the......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...Category: Property Law | Date: | Hits: 57
....stigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produc......ents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents......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
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....to the ground. The learned Advocate appearing for the petitioners has failed to point out any legal conformity in the impugned judgment that calls for interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. For the reasons stated above, I do not fi......y the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a case land under section 96 of the State Acquisition and Tenancy Act, 1950 in the Court ......le evidence and consequently the said unfounded plea falls to the ground. The learned Advocate appearing for the petitioners has failed to point out any legal conformity in the impugned judgment that calls for interference by this Court exercising revisional power under section 115(1) of the Code of......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......volved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997.) Judgment S...... justice. 15. We have made a cursory of the evidence of all the witnesses. We noticed that though P.Ws. 1, 2, 3, O, and 10 stated the presence of these three petitioners but they have not specifically mentioned the nature of deadly weapons they had in their hands at the time of occurrence. They......t have a common object; and (3) the common object must be one of the five conditions specified in the section. An assembly which is originally lawful may become unlawful, if a proposal is made at the meeting to do an act of violence to the disturbance of the public peace and the proposal is acted up..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....said meeting and that the last election of the Society took place on 22.06.1999 electing the Managing Board for 3 years i.e., up to 31.12.2001 and that the President of the Society in exercise of the power under Article 9(1) of Bangladesh Red Crescent Society Order, 1973, hereinafter referred to as ......t Appellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others…………......y within 45 days from the date of receipt of the order but at the same time maintained the impugned order dated 30.12.2002. 2. The writ-petitioners-respondents herein filed the above writ petition calling upon the writ-respondents-petitioners to show cause as to why the impugned order vide Memo N......mbers of the General Body are entitled to attend the General Meeting of the Society held on 30.12.2002 but the writ-respondent No.4 illegally did not allow the writ petitioner No.2 to attend the said meeting and that the last election of the Society took place on 22.06.1999 electing the Managing Boa..Category: Civil Law | Date: | Hits: 116
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
.... on record have been perfectly justified in passing the impugned order of conviction and sentence which suffers from no legal infirmity to justify any interference by this Court exercising revisional power under section 439 of the Code of Criminal Procedure. The learned Assistant Attorney-General fu....... Petitioner Vs. State…………….Opposite Party Judgment August 2, 1998. Lawyers Involved: Faisal Mahmud Faizee, Advocate — For the Petitioner. Kh Mahbub Alam, Assistant Attorney- General — For the State. Criminal Revision No. 740 of 1995. Judgment Gour Gopal S......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....stitution does not provide for any review of the judgments, decree, order, etc. passed by the High Court Division. Article 105 of the Constitution sets out: “The Appellate Division shall have power, subject to the provisions of any Act of Parliament and or any rules made by that division to ......98. Judgment Qazi Shafiuddin J. - These two review applications being Review Application Nos.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and 2329 of 1998 respectively have been heard together and will now be disposed of by this common judgment as the same arise out of the order date......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
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