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....directed be related to the investigation of any specific case. Section 94 does not confer on a proper construction of the provisions of the Criminal Procedure Code and the Anti Corruption Manual, any power on a police officer to pass an order such as the impugned order to conduct a roving and fishin......
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 1998.
Result:
The Rule is made absolute.
Case Referred to-
Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors, 49 DLR 599.
Lawyers Involve......azlur Rahman Chhana, Assistant Attorney- General — For the Respondents.
Writ Petition No.1710 of 1994.
Judgment
Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported ......out 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: 51 DLR (HCD) (1999) 421.
..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
....or have abdicated and surrendered their responsibility to an entity which has no existence in the Regulation of 1977.
9. Regulation 7 runs as follows:
“7. (1) The Board shall have the power to dissolve a Committee on the grounds of inefficiency, financial irregularity, mismanagement ......the Petitioner.
Md. Nurul Islam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be d......r Hossain Munshi, Advocate—For the Petitioner.
Md. Nurul Islam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo N...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
.... Section 151 of the Code of Civil Procedure is no doubt a special preserve of the Court for doing even-handed justice under given circumstances but the Court is not competent to exercise its inherent power in any and every matter which is not sanctioned by law. In the facts and circumstances of the ......ree whereupon Miscellaneous Case No.18 of 1992 was started but the said Miscellaneous Case was ultimately dismissed on contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Miscellaneous Appeal No.22 of 1993, and the...... disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. Short facts relevant for the purpose of the case are that, the petitioners......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150...Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Forhad Hossain (Md.) and others Vs. State, 1998, 27 CLC (HCD)
....rted in 45 DLR 433 it was held that consideration of the statements made under section 161 CrPC while framing charge or otherwise is the necessary part of the Court’s duty. Trial Court has the wide power under the law regarding framing of charge. This can not be interfered with lightly either by t..................Respondent Judgment April 2, 1998. Result: Criminal Appeal No.106 of 1996 is dismissed and Criminal Miscellaneous Case No.19 of 1998 is disposed of. Case Referred to- HM Ershad Vs. State, 45 DLR 433. Lawyers Involved: Md. Jahangir Alam, Advocate - ......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ......nd then shall discharge the two girls from the judicial custody after a reasonable time. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 337. ..Category: Women and Children | Date: 2 Apr, 1998 | Hits: 161
Makhon Lal Sarker Vs. Nihar Mondol alias Pagol and 8 others, 1998, 27 CLC (HCD)
....e under the law mentioned in the charge sheet. In other words, the Tribunal is competent to take cognizance of the offence disclosed in the police report and other connected papers in exercise of its power under section 27 of the Special Powers Act irrespective of the law mentioned in the charge she......-8-1995 passed by the Sessions Judge, Gopalganj in Sessions Case No.13 of 1995 framing charge against opposite party No.1 under section 364 of the Penal Code and discharging the opposite parties No.2 to 8 from the case instead of taking cognizance against them under section 6 of the Cruelty to Women...... Criminal Revision No.1315 of 1995. Judgment Md. Joynul Abedin J.- This Rule at the instance of the complainant arising out of an application under section 439 of the Code of Criminal Procedure calls in question the judgment and order dated 22-8-1995 passed by the Sessions Judge, Gopalganj in ......ay granted by this Court at the time of issuance of the Rule therefore stands vacated. The Lower Court records be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 464...Category: Women and Children | Date: 22 Jan, 1998 | Hits: 167
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
.... as found by the learned Sessions Judge but is culpable homicide not mounting to murder and punishable under Part I of section 304 of the Penal Code as he caused death of the victim while deprived of power of self-control by grave and sudden provocation as mentioned in Exception 1 of section 300 of ......¦â€¦â€¦â€¦..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. ......ouse of his sister’s husband at 7-30/8-00 PM and returned to his house at mid-night and met Afzal, Ismail and Amirul at the road crossing and returned to his house with them. Going near the door he called his wife when Alal fled away pushing him aside. He pursued him when he threatened him with a ......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Moktijoddah Kalyan Trust represented by the Managing Director…………………Appellant Vs. Kamal Trading Agency and others……………..........e, particularly when the plaintiffs’ own case is that their offer was subject to discussion and decision by the defendant? 14. ‘Earnest’ or ‘earnest money’ which in common parlance is called ‘Baina’ is that amount which is given at the time when the contract is concluded. It is s......d; it is forfeited when the transaction falls through, by reason of the fault or failure of the vendee. 15. Earnest money to bind a contract must follow and not precede the same. If there is no meeting of minds of the parties, consensus ad idem, there cannot be any question of earnest money. I..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
....75 requires the satisfaction of the Government before passing order of detention. The Government authorized Deputy Commissioner and the Additional Deputy Commissioner of the District to exercise this power of satisfaction from time to time. The Deputy Commissioner acts on behalf of the Government in...... Home Affairs, Govt of the People's Republic of Bangladesh and others...................Respondent
Judgment
August 24, 1977.
Result:
The Rule is discharged
Cases Referred to-
Mr. Mokleshur Rahman Vs. The State, 28 DLR 17;. Sree Omio Kumar Karmaker Vs. The State of W......mdash;For the Petitioner.
A. Haq Choudhury, Asst. Advocate Genera- For the Respondents.
Writ Petition No. 377 of 1977.
Judgment
Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Respondent to show cause as to why the detenue Mahbubuzzaman alias Bhulu now detain......his court.
In the result the Rule is discharged.
BadrulHaider Chowdhury J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 93
..
Category: Administrative Law, Criminal Law | Date: 24 Aug, 1997 | Hits: 3
Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)
....s such it is beyond the scope of the Martial Law Regulations, it is necessary in this connection to look into the First Proclamation of 20th August 1975. It is from the 15th August 1975 when the full powers of the Government was assumed by Khondkar Moshtaque Ahmed, the then President of the Republic......…………………………….....Opposite party Judgment August 12, 1977. Result: The rule is made. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Shah Alam Vs State, 28 DLR 448; Zaforul-A......ered, in this case jurisdiction of the superior Courts was ousted by section 10 of Public Conduct (Scrutiny) Ordinance (11 of 1959). By this section the jurisdiction of the Supreme Court to call in question the proceeding of Screening Commutes was barred and order made by the President und......ted 20-6-76 pending before the Sub-divisional Magistrate, Sadar Rajshahi, is quashed. Abdul Wadud Chodhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 50 ..Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....ns of sub-section (1) to (3A) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (1). 12. So this section (3B) empowers the Police Officer to hold further investigation in a case where a report has already been su......e is discharged. Lawyers Involved: Shawkat Ali Khan with Fariduddin Reza, Fazlul Hoque Khan, Khurshid Alam Khan and Md. Asaduzzaman, Advocates - For the Petitioners Sufia Khatun, Assistant Attorney-General - For the State. Criminal Revision Case No. 453 of 1994. Judgment Badrul Isl......aman, Advocates - For the Petitioners Sufia Khatun, Assistant Attorney-General - For the State. Criminal Revision Case No. 453 of 1994. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite parties i.e. the State and MA Razzak, Deputy Assistant Director, on behalf......e is nothing to interfere. Accordingly, this Rule is discharged. The stay order granted earlier is vacated. Communicate the order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 143. ..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
.... but the report in pursuance of the hearing was not accepted by the Deputy Commissioner. Thus, it can’t be said that objection of the petitioner under section 4 was not considered. It is within the power of the Deputy Commissioner to accept or reject the report of the ADC on the subject. There bei......he hearing was not accepted by the Deputy Commissioner. Thus, it can’t be said that objection of the petitioner under section 4 was not considered. It is within the power of the Deputy Commissioner to accept or reject the report of the ADC on the subject. There being urgency of acquisition and con......e was validly served without considering that the land acquisition authority did not apply its mind as to whether the land proposed to be acquired was needed now or may be needed in future and mechanically reproduced the language of the statute. He next submits that the learned Judges of the High Co......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ce Orders Enforcement (Amendment) Ordinance, 1962 (Ordinance LIII of 1962) removing doubt and declaring that the notification issued by the Central Government of India before 15-8-47 declaring any power to be a party to the Convention or any territory to be the territory to which the Convention ......nt Vs. British Airways PLC ……………………............Respondent Judgment May 8, 1997. Result: The appeal is not allowed. Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life I......on of law in respect of various contractual components, say, one for mutual rights and obligations, another for arbitration and its procedure, the ‘curial law’ of the arbitration as it is often called. The position is summarized in Halsbury’s Laws of England,4th Edn., Vol. 8, para 592, p. ......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....obtain police report stating prima facie case. Therefore, the contention that the cognizance was taken without jurisdiction and in violation of section 17(1) of the Act cannot be entertained, as such power has been vested in the Court by proviso to sub-section (1) of section 17. Accordingly, we......the learned Magistrate, Betagi Police Station, Barguna on the accusations, inter alia, that the father of the accused-petitioner was a teacher of Betagi Primary School and the accused-petitioner used to teach students as a private tutor in a room of the said school. Moshammat Razia Begum, daughter o......ction 17(1) of the Act cannot be entertained, as such power has been vested in the Court by proviso to sub-section (1) of section 17. Accordingly, we hold this petition has no merit and does not call for quashment of the proceeding under challenge. The result is, we reject this application......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
.... four indicia, of a contract of service mentioned in the case of Park Vs. Wilson and Clyde Coal Co Ltd. reported in (1928) Sess. Cas 121 (at p133) derived from authorities. Those are (1) master's power of selection of his servant; (2) the payment of wages and other remuneration; (3) the master&#......
Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respon......uty Attorney‑General ‑ For Respondent No.3.
Writ Petition No.340 of 1989.
Judgment
Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Mrs. Suraiya Rahman calling upon the respondents to show cause as to why impugned decision dated 30‑1‑89 passed by t......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....rs on behalf of the respondents. 10. Martial Law Order 9 was enacted on 601 April, 1982 in pursuance of a proclamation dated 24th March, 1982 by which the Chief Martial Law Administrator assumed power to remove any person without assigning any reason thereof if he was of the opinion that the re......d others………………………………….Respondents Judgment July 31, 1996. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed alias Swapan Vs. Bangladesh and others, 1993 BLD (AD) 17; Principal Secret......qur Rahman and A KAhmadul Hasan, Advocates ‑ For the Petitioner. No one appears ‑ For the Respondents. Writ Petition No.2384 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why they should not be directed to create a forum for rev......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......Enayet..........................Appellant Vs. State..............................Respondent Judgment April 16, 1996. Result: The appeal is allowed. Case Referred to- Jamuna Singh Vs. State of Bihar, AIR 1967 (SC) 553. Lawyers Involved: Syed Ziaul ......ly, Uzirpur Sher‑E‑Bangla Madhamic Girls School on 13‑11‑90 and reached near at the school she saw 9/10 boys assembled there and accused Shaheen asked her to stop there and directed Enayet to call for a rickshaw and on the aid and collaboration of other accused she was taken in a rickshaw an......ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......ion……………………………..Respondents
Judgment
April 4, 1996.
Result:
The Appeal is allowed.
Cases Referred to-
Director General Chairman Bangladesh Television Vs. Bengal Techno Consult Limited; 1988 BLD......uld he filed under section 14 of the Arbitration Act.
7. Mr. S.R. Pal, the learned Advocate appearing for the first party respondent, submits that the appellant at this belated stage cannot call in question the legality or validity of the award given by the sole arbitrator in the inst......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
....the prayer of the Court sub‑inspector and the application in revision pending before the Sessions Judge was dropped on the prayer of the complainant. It was held by their Lordships that there is no power in a Magistrate to revive the proceedings, which have come to an end by passing an order of di......rs.........................Petitioners Vs. State........................Opposite Party Judgment November 22, 1994. Result: The Rule is made absolute. Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala and State, 14 DLR (SC) 96; Nazrul Islam Vs. State, 35......‘General ‑ For the State. Criminal Revision No.253 of 1991. Judgment Md. Abdul Karim J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 26.12.90 passed ......shan PS Case No.23 (9) 88 against the petitioners are hereby quashed. Send a copy of the order to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 218. ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......with Nehid Yesmin, Advocates-For the Opposite Parties. Civil Revision No. 2526 of 1992. Judgment Syed J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant......ti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. Civil Revision No. 2526 of 1992. Judgment Syed J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Seni......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......n and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhury Deputy Attorney‑General with Syed Abu Kowser, Advocate-For the State. Criminal Miscellaneous Case No.140......ternal house at Sylhet where she was then residing. At about 10‑00 O'clock in the night in course of exchange of words on the question of payment of the dowry the petitioner got infuriated and physically assaulted her and attempted to kill her by strangulation. She was somehow saved by others in a......al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
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