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Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....he accused persons out of grudge and enmity; and that P.Ws.1 and 5 are the persons who engineered the false story implicating the accused persons. P.W.5, Chairman of the Union Parishad who was a very powerful man in the locality, stood for the Chairmanship of the Union Parishad again and was con......dated 15.7.86 passed by the Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that on the night ...... the alleged Dying Declaration after receiving such bodily injuries which caused his death. In this connection, we may remember that the victim was aged about 80/85 years and Habi doctor, who was called immediately to the place of occurrence, opined that the condition of the victim was very se......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....ht of the relevant provision of law relating to bail-matter in the facts and circumstances of the case and the materials on record. There is no denying of the fact that this Court enjoys unfettered power under section 498 of the Code of Criminal Procedure to-grant or refuse bail to and accused per......us Case No.16 of 1988. Judgment Muhammad Ansar Ali J. - This Rule was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the accused-petitioners should not be enlarged on bail in GR Case No.47 of 1987 ......vocate—For the State. Criminal Miscellaneous Case No.16 of 1988. Judgment Muhammad Ansar Ali J. - This Rule was issued in an application under section 498 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Dinajpur to show cause why the accused-petitioners should no......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...Category: Criminal Law | Date: | Hits: 74
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
.... Thereafter it appears that on 5.6.88 Mr. Delwar Hossain, Additional District Magistrate, Mymensingh passed the following order reviving the investigation of the said Criminal case exercising his power under section 167(7 A) Cr.P.C. (read with section 10(2) Cr.P.C.):- “জনাব ম...... Barua, Advocate - For the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, Sessions Judge, Mymensingh passed on 22.9.88 in Cr...... Hossain, Advocate - For the Petitioner. S. B. Barua, Advocate - For the State. Criminal Revision No. 335 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Mymensingh to show cause why the order of Mr. Sirajul Islam, S......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
...., a Division Bench of the Nagpur High Court, in a somewhat similar matter, at the relevant portion of the judgment, held thus: "The mere fact that the Civil Station Subcommittee acted beyond its power in granting the sanction to the building would not by itself be sufficient to entitle the plai......…………Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986. Result: The Rule is discharged. Cases Referred to- Attorney-General Vs. Ashbowene RC, (1903) I Chancery 101; Devonport Corporation Vs. Tozer, (......r local inspection who reported that the construction is being done without keeping 3 feet between the boundary wall of the plaintiff and the building but as the Pleader Commissioner did not specifically report as to whether rain-water from defendants' proposed building would fall on the pathway o......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....an only sign “Form C” and resign from his post as publisher. Any interested person can, afterwards, file an application to the DM by executing “Form B”, and it is the DM who has the exclusive power and authority to authenticate the Declaration in the applicant’s name. As such, unless “Fo......ress Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule is discharged. Cases Referred to- R Vs. Legal Aid Committee No.1 ex-parte Rondel, 1967 2 QB 482; Lloyd Vs. Blassey, 1969 2 WLR ......he Respondents. Writ Petition No.7078 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 08.08.2011 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned judgment and order dated 27.07.201...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....petitioner have been proved beyond reasonable doubt. There is no illegality or infirmity in the impugned judgment and order, which calls for any interference by this Court in exercise of its inherent power under section 561A of the Code. He further submits that whatever small discrepancies and omiss......…………………………Opposite Party Judgment May 3, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General - For the Opposite Party. C...... allegations of explosions of two bombs by the accused including the petitioner have been proved beyond reasonable doubt. There is no illegality or infirmity in the impugned judgment and order, which calls for any interference by this Court in exercise of its inherent power under section 561A of the......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Md. Saiful Islam alias Maznu…………………Appellant Vs. The State…………………Respondent Judgment May 27, 2012. Result: The appeal is dismissed. Cases Referred to- Sudhir Kumar Das alias Khudi Vs. The State, 60 DLR 261; Shah Alam Vs. The State, 5 BLC 492; G......reafter, rushed to the house of his another son-in-law Quddus at village Charnagarbari. He went to Palima Bus-stand therefrom and came to know that his daughter Jotsna Begum had died. He made a phone call to his house and conveyed the news. Then he rushed to the appellant’s house and saw the dead ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....fore inflicting the extreme punishment. 6. Mr. Md. Khalilur Rahman, the learned Advocate appearing for the employer-petitioner, submitted that the learned Labour Court acted in excess of its power in reassessing the evidence and in taking evidence to disprove the findings of the domestic tr......: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das ......rul Islam, Advocate—For the Respondents. Writ Petition No.154 of 1985. Judgment Md. Abdul Jalil J. - This Rule Nisi issued on an application filed under Article 102 of the Constitution calls in question the judgment and order dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Co......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....on 1980 Memorandums introducing Annual Bonus, the 1982 Memorandum re-introducing Dearness Allowance and the 1984 Memorandum introducing Festival Allowance were not examples of statutory exercise of power. These office orders were not orders passed in exercise of its powers under any provision of......d. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Company Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made absolute. Cases Referred to- Manager, Azizuddin......lur Rahman, Advocate—For the Petitioner. S.R. Karmakar, Advocate—For the Respondents. Writ Petition No.155 of 1985. Judgment Mahmudul Amin Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 25.5.85 passed by ...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ...... Result: This Rule is made absolute. Lawyers Involved: M.I. Farooqui with M.A. Wahhab Miah, M. Saleemullah and Md. Mohsin Rashid, Advocates— For the Petitioners. S.A. Hasan, Assistant Attorney-General—For Respondent Nos.1 and 2. Tufailur Rahman, Advocate—For Respondent No.4. ......e 16 annas owner and in exclusive possession of the piece or parcel of land measuring 7 (seven) kathas 8(eight) chattaks more or less more fully described in Schedule-I annexed hereto hereinafter called demised property." Schedule-I of lease deed runs as follows:— Schedule-I "All that pi......ct that though the petitioner changed his address how he could know about the issuance of the show cause notice and the cancellation order. The petitioner vide letter dated 29.7.79 replied in details meeting the queries made in the above letter dated 14.9.79 of the Section Officer. 17. It is clea..Category: Property Law | Date: | Hits: 115
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....nd the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board for 3 years i.e. upto 31-12-2001 and that the President of the Society in exercise of the power under Article 9C(1) of Bangladesh Red Crescent Society Order, 1973 hereinafter referred as the......……………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Result: The Rule is made absolute in part. Case Referred to- Bangladesh Co-operatives Insurance Ltd. Vs. Md. AbdulKhaleque Khan, 4 BLC (AD) 136. Lawyer...... At the instance of the petitioners Md. Asgar Ali and 4 others this Rule was issued on an application under Article 102(1) and (2)(a)(i)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order vide Memo No. Shipkam/Hash-1......rs being Members of the General Body are entitled to attend the General Meeting of the Society held on 30-12-2002 though respondent No.4 illegally did not allow the petitioner No.2 to attend the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board fo..Category: Civil Law | Date: | Hits: 169
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......…………………………………………………………………..Respondent Judgment June 30, 2003. Result: Criminal Appeal No.2432 of 2000 is dismissed. Cases Referred to- SM Farooque Vs. State, 28 DLR 192; State Vs. Fazal, 39 DLR (AD) 166; Shamsuddin Sarker Vs. St...... non‑production of GD No.917 dated 24-2-98 will be fatal as the court as well as the defence got no chance to see what was in the said GD entry. It has been urged very earnestly that this court may call, for the same for due perusal and verify the truth of above grievance of the accused appellant.......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....vocate for the opposite party, has cited the decisions in the case of Nurul Islam Vs. Md. Abdur Rashid reported in 37 DLR (AD) 32 wherein their Lordships of the Appellate Division have held- "'The power conferred by Order 18 rule 17 CPC is an enabling power and very wide power had been conferred ......Registrar (Deputy Secretary).............Petitioner Vs. Sahrab Jan & others............Opposite Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Pro......d in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declarat......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
.... to have been filed, could apply for stay under rule 5 of Order 41 CPC. 6. Further rule 5 does not in express terms say that the application for stay shall be filed only by the appellant. It is a power conferred upon a Court to make an order if it is moved in accordance with law. We think, that ...... Bangladesh.................Petitioner Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra P......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......sh Chandra Saha........................Petitioner Vs. State........................Opposite Party Judgment January 11, 1995. Result: The applications are rejected. Cases Referred to- Md. Akram and another Vs. The State, AIR 1951 (Assam) 17; Ram Charita Rambhakat Vs. Chairman ......et and took him away to an unknown place. His whereabouts could not be known. On 8.6.94 a GD entry was made with the local Police Station telling about kidnapping of his son. On 9.6.94 repeated phone calls were made to the informant, demanding Taka 5 (five) lac as ransom, to free the victim and if t......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....urt is bound to grant probate or letters of administration, unless it finds that the Will was not executed by the testator or that he was not in a state of mind competent to exercise his testamentary powers or that the will was not the testators voluntary act. The Court has no concern with the quest......m J Moktar Hossain......................Appellant Vs. Budhi Bala Dashi....................Respondent Judgment August 28, 1994. Result: The appeal is dismissed. Cases Referred to- AIR 1925 Lahore 493; 14 CWN 463; BSCR Vol.7 at page 1; AIR 1987 P & H at page 122; AIR 19...... was executed and registered by Jogendra Bhusan Talukdar in favour of all the legatees and they have stated in a chorus regarding execution and registration of the Will. There is nothing on record to call in question the genuineness of the Will and the learned Additional. District Judge rightly foun...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... Awlad Hossain reported in 43 DLR (AD) 63. On the other hand, Mr. Serajul Huq has referred to the provisions of sections 169 and 170 of the Code of Criminal Procedure and has contended that the law empowers an Investigation Officer to submit a final report with respect to an accused if there is no s...... Jalaluddin Bhuiyan………………..Petitioner Vs. Abdur Rouf and others……….......Respondents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 6......an, Advocates — For the Petitioner. Serajul Huq with Anisul Huq, Advocates — For the Respondents. Criminal Revision No.512 of 1996. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite party to show cause as to why the order dated 8-7-96 passed by the Session...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....f Abdur Rab Mia Vs. Fazlur Rahman reported in 43 DLR (AD) 23. In the first mentioned case their Lordships also referred to some decisions of the Indian Supreme Court as to the Election Commission’s power for directing repoll in election held to parliament and State Legislatures and observed: ......ry J Rezaul Karim……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23......l Centre and the Election Commission referred the matter to the Deputy Commissioner for inquiry and report and Deputy Commissioner asked Upazila Nirbahi Officer for enquiry and report who in his turn called for a report from the Presiding Officer and that before receipt of the report the Deputy Comm......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......(Md.) alias Jabed Ali and others……………………Appellant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allowed. Case Referred to- Pakala Narayan Swami Vs. Emperor, AIR 1939 (PC) 47. Lawyers Involved: MA Wahab Miah wit...... Afazuddin or that they have caused his death. 7. He submits that there is no eye-witness who could name or identify any of the accused-appellants. 8. Mr. Wahab Miah, lastly submits that the so-called confessional statement of Ahsan Ali is no confessional statement at all, it is neither inculp......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....dinance, 1969 against the petitioner alleging that the petitioner suddenly stopped the work of the Mill with effect from 6 A.M. of 26.5.86 by a notification dated 25.5.86 on the plea of stoppage of power supply by WAPDA. Subsequently the petitioner declared lay-off for indefinite period by notif....................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made absolute. Cases Referred to- Zamiruddin Vs. Havas Khan, 21 DLR (SC) 39; Mundra Vs. National and Grindlays Bank , A.I.R. (1......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
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