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Mahatab Vs. State, 2010, 39 CLC (HCD)
....t March 11, 2010. Result: The rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the procee......rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 540 The Evidence Act, 1872 (I of 1872); section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness ......he proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to fill up the lacuna by recalling a witness…………………….(10) A Court must discharge its statutory functions wh......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....n. As the appeal lies to the Appellate Tribunal we hold that the petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise our discretionary power. Under Article 102 High Court Division is to exercise its extraordinary discretionary jurisdic......udgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act, 1969. 2. The petitioner imported vegetable tanning extracts under HS Code No. 320.90 fr......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....aint case No.179 of 1987 to further hams the Petitioners at Narayanganj by misusing his official Position at his station of posting. 3. After service of the Rule though Mr. SB Barua Advocate filed power on behalf of the complainant opposite party No.2 but he did not appear to contest the Rule. So......……………Respondents Judgment July 2, 1998. Result: The Rule is made absolute. Lawyers Involved: AK Mujibur Rahman, Advocate ‑ For the Petitioners. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 355 of 1988. Judgment Kazi Ebadul...... MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 355 of 1988. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the accused‑petitioners calling upon the opposite parties including the complainant Mr. Md. Fazlul Karim, a Judicial Officer......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....nd also on a correct and proper analysis of the legal aspects involved in the case and the findings being findings of fact are not liable to be disturbed by the High Court Division in exercise of the power under section 115(1) of the Code of Civil Procedure. 20. In the case of Akrab Ali Vs. Zahir......………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gop...... Sheikh Abdullah, Advocate - For the Petitioner. Arun Kumar Bhattacharya, Advocate - For Opposite Party Nos.1-10. Civil Revision No.4987 of 2003. Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the Judgment and decree dated 18-9-2002 passed by th......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......….Petitioner Vs. Md. Monir Hossain Patwary and others...............................Opposite Parties Judgment July 14, 2009. Result: The Rule is made absolute. Cases Referred to- 42 DLR 533; 46 DLR 268; 1 BLC 375. Lawyers Involved: Abul Kalam Patwary Advocate - For ......vocate - For the Petitioner. No one - For the Opposite Parties. Civil Revision No.1798 of 2004. Judgment Faruque Ahmed J.- This Rule at the instance of the plaintiff-petitioner was issued calling upon the opposite party Nos.1-8 to show cause as to why the impugned Judgment and decree dat......in that capacity the plaintiff attained the age of 60 years on 18-1-2001, but he served there, by managing the authority of the school, that on 22-11-2001 by taking a decision in a Managing Committee meeting, the plaintiff was directed to show the legal documents about his date of birth, but the pla..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......ppellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dismissed. Cases Referred to- Abdul Motaleb Howlader Vs. State, 5 MLR (AD) 362 = 6 BLC (AD) 1, Elais Hossain Vs. State, 54 ......nable. Thus he canvasses for rejection of the reference, allowing the appeal and acquittal of the condemned-prisoner-appellant. 12. Now let the evidence on record be carefully scrutinized and critically analysed for determination whether the prosecution could prove beyond all reasonable doubt tha......reported to her that the accused might kill her at any time as his relationship with Afsana Mimi had reached to the climax. She (P.W.1) advised her to have patience. That was the last occasion of her meeting with the deceased. On 8-1-2004 in the afternoon at 4-00/5-00 PM the deceased over telephone ..Category: Criminal Law | Date: | Hits: 114
Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)
.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......titioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 1995. Result: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum ...... in his written statement the petitioner, we find, refuted the claim of maintenance at Taka 1,000.00 per month for each of the opposite parties as made in the plaint. We can, under the circumstances, call in aid of our personal knowledge. We therefore, hold, that each of the opposite parties is enti...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ..Category: Family Law | Date: | Hits: 528
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....r recording that Rule has become infructuous, it is stated by respondent No. 3 that the direction so issued in terms of the Rule by this Court is not tenable as it would interfere with the functions, powers, privilege and jurisdiction of the Parliament. It is further stated that "if the prayer made ......…………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of quo warranto is allowed. Cases Referred to- Bradlaugh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs......elves without leave of the Speaker since 1.3.94 and till to date which covered a period of 250 days and it is stated that in case of absence for 90 days the seat of a Member of the Parliament automatically stands vacant. As such they sought a declaration that respondent Nos. 3‑5 and their party me......ate his seat. Article 67 of the Constitution reads as follows "67. (1) A member of Parliament shall vacate his seat. (a) if he fails, within the period of ninety days from the date of the first meeting of Parliament after his election, to make and subscribe the oath or affirmation prescribed f..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....n for nomination of the members was denied by affidavit-in-opposition giving rise to a disputed question of fact. Where a disputed question of fact arises the High Court Division shall not invoke its power conferred by Article 102 of the Constitution. Effective alternative remedy is also a ground fo...... Petitioner. Shafique Ahmed, Advocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending app......zizul Huq, Advocate - For the Petitioner. Shafique Ahmed, Advocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selectio...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....to non-joinder of necessary parties and an application was filed for amendment of the Election petition under the provision of the Code of Civil Procedure. The Indian Supreme Court has held that such power of amendment is not available to the Election Tribunal and the petition was rightly dismissed ......ate Md. Abdul Hamid……………Petitioner Vs. Md. Fazlur Rahman………………Opposite Party Judgment November 19, 1997. Result: The application is rejected. Cases Referred to- Mohan Raj Vs. Surendra Kumar Taparia and Others, AIR 1969 (SC) 677; Udhay Singh Vs. Madhav Ra......be a ground for rejection of the election petition. 8. Furthermore, this petition has been filed under section 115(1) of the Code of Civil Procedure which provides that the High Court Division may call for the record of any case which has been decided by any Court subordinate to the High Court Di......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....rs, was whether there is any ground for saying that the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has power to deprive a person of his liberty or his property, the general principle is that it is not to...... Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2......ittee in its meeting held on 19-2-2007. 8. In due course, Rules were issued in all the Writ Petitions. The rule in WP No.4040 of 2007 was issued in the following terms: "Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned decision taken in the meeting date...... is contended on behalf of those employees that at least 50% of those, which is 951 employees, should be regularised as permanent employees. 5. A Committee of the Establishment Division in its meeting held on 19-2-2007, resolved on the basis of the Memo No. সম(বিধি-৩/২০০..Category: Employment/Service Law | Date: | Hits: 208
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....ave remanded back the suit to the trial Court for decision on merit and the lower appellate Court erred in deciding the suit on merit is untenable in that the Court of appeal is clothed with the same power as that of the Court of first instance. The Court of appeal is quite competent to decide an ap......No.1. Defendant No.1 and plaintiff No.2 were issueless. The plaintiff No.1 was taken as a foster son by the plaintiff No.2 and defendant No.1 and he was married by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lo...... Thus on a careful examination of the judgment of the lower appellate Court it seems to me that finding that the kabala in question is not benami transaction is based on solid foundation and does not call for any interference by this Court in Second Appeal as all the ingredients necessary to establi......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Companies Act, 1994 lays down mandatory provisions regarding transfer of shares and sub-section (7) of section 38 of that Act provides that nothing in this section of that Act shall prejudice any power of the company under its Articles to refuse the transfer of any share. Ultimately, the petitio......ank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advoca......o.9. Writ Petition No. 272 of 2007. Judgment Syed Mahmud Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to (i) why sections 2CC and 31(2) of the Securities an......thin five days of issuance of the letter. By a letter dated 3-1-2007, the petitioner-company informed respondent No. 3 that the matter in question would be placed before its Board of Directors at its meeting scheduled to be held by the end of January, 2007. By a letter dated 9-1-2007, respondent No...Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......……………………….Appellants Vs. The State…………………………….Respondents Judgment February 3, 1991. Result: The appeal is allowed in part. Cases Referred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 19......the impugned judgment and order under appeal and thereafter canvassed the following points for our consideration: i) That the conviction of the accused appellants has been mainly based on the so‑called dying declaration of the victim Younus Ali and the evidence of the alleged eye‑witness P.W....... with the guilty to satisfy their sense of revenge and to put the other side to the utmost grief. It is difficult to lay down a rigid rule that a person who is injured and is under an apprehension of meeting his death, would suddenly be gifted, as if by a magic transformation, with a clear conscienc..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public servant; or Second. – To resist the execution of any law, or of any legal ......t November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - Fo......ction and sentence and there is no reason to interfere with the same and that the Death Reference should be confirmed and the Appeal as well as the Jail Appeal be dismissed. The real question that calls for determination in this case is, whether the impugned judgment and order of conviction and s...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... judicial principles set aside the ex parte order of dismissal of the suit on assigning cogent reasons and the same has occasioned no failure of justice and, as such, this Court exercising revisional power under section 115(1) of the Code of Civil Procedure cannot interfere with the impugned order. ......er………………………Petitioner Vs. Matilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mo...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Procedural Law | Date: | Hits: 87
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....frained from making any fresh submission in support of his opposition to the Rule. 4. By order dated 4-5-98 District Magistrate, Chittagong detained the detenu Suranjit Barua (Labu) in exercise of power under section 3(2) of the Special Powers Act, 1974 for 30 days from the date of service of the...... Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule is made absolute. Cases Referred to- Ranabir Pal Singh Vs. Emperor, AIR 1949 Bombay 161; Md. Anowar Vs. Crown, PLD 1955 Lahore 585...... Criminal Miscellaneous Case No.2863 of 97. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produc......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..Category: Criminal Law | Date: | Hits: 72
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....aken in the public interest. The petitioners who are businessmen have no fundamental right to stop such construction on the plea of business loss. Business is no ground for invoking the extraordinary power under Article 102 of the Constitution. We are afraid that such right can be pleaded for obtain......der Article 102 of the Constitution at the instance of the petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road adjacent to Hotel Illishiam. The petitioner invested huge amount of money for payment of salami for taking le......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....zance and such grounds were not taken by the accused persons in their revisional applications or application for considering additional grounds. He further submitted that requirement of delegation of powers and functions of the SEC by a gazette notification as mentioned in section 28 of the Ordinanc......……………Accused Vs. Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. ......o do so for, the purpose of initiating legal proceedings on behalf of the SEC on the basis of the said report and there was no necessity of authorising the said office by the Commission or for specifically confirming the authority given to him by the Chairman. Even if it is assumed that without bein......tee recommended: “These manipulations must be brought to task in the interest of long term growth and development of the securities market in Bangladesh.” 13. Thereafter, on April 2, 1997 a meeting of he members of the SEC was held and in that meeting said report was considered and it was ..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....1969) 21 DLR (SC) and (1973) 25 DLR (SC). 7. It is unfortunate that the High Court Division considered the provision of the Ordinance III of 1959. That Ordinance was provided for the constitution, power and procedure of the Committee appointed to scrutinise the conduct of certain persons. That Or......i J Bangladesh……………………Appellant Vs. Dr. Nasiruddin………………………Respondent Judgment March 21, 1983. Result: The appeal is allowed. Cases Referred to- Amir Hossain's case, PLD 1963 (SC) 185; Zafrul Ahmed’s case, 12 DLR (SC) 921; Murzuqullah, ......ed Judges then came to the conclusion that under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959, though the order of finding by an appointing authority or Screening Committee cannot be called in question but the ruling in Zafrul Ahmed's case, 12 DLR (SC) 9 will be attracted and such f......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
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